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Benjamin Z. Katz

Benjamin Z. Katz

Providing High Quality, Personalized Legal Services to You and Your Family.
  • Estate Planning, Elder Law, Probate...
  • New York
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Rating: 10 Justia Lawyer Rating - 10 out of 10
As described above, every professional interaction I've had with Ben was to my complete satisfaction.
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Knowledgeable, Experienced and Caring representation for your Estate Planning, Estate Administration, Elder Law and Real Estate needs. Please visit my website or give me a call to set up a Free Consultation.

I received my Bachelor of Arts Degree in History from SUNY at Stony Brook in 1991. I attained my JD degree from Hofstra University School of Law in 1994. After gaining several years of experience in Criminal Defense, Personal Injury, Insurance Defense, Commercial Litigation and Mortgage Banking I began my own general law practice in 2001. Presently, areas of practice include Estate Planning, Probate & Administration, Residential Real Estate, Elder Law and Guardianship.

I serve as a Consultant to several mortgage companies, having instructed real estate and mortgage licensees for many years and co-authored and edited several mortgage textbooks including Mortgage Lending Principles and Practices (6th, 7th and 8th edition).

I am a NYS Certified Real Estate Instructor. I am a member of the American Bar Association, the New York State Bar Association and the New York City Bar Association. I serve as a Volunteer Attorney for Free Legal Answers through the ABA as well as serving as a member of the Estate Planning Committee of the Senior Lawyers Division and have recently been appointed to the New York City Bar Association's Consumer Affair Committee.

Practice Areas
  • Estate Planning
  • Elder Law
  • Probate
  • Real Estate Law
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
  • English: Spoken, Written
Professional Experience
Benjamin Katz, Esq.
- Current
Jaguar Land Rover
Law Offices of Benjamin Z. Katz, Esq.
Hofstra University
J.D. (1994)
State University of New York - Stony Brook
B.A. (1991) | History
Professional Associations
New York City Bar Association
- Current
New York State Bar # 2657674
- Current
American Bar Association
- Current
New York State Bar Association
- Current
Articles & Publications
Mortgage Lending Principles and Practices, 8th Ed.
Hondros Learning
Certified Real Estate Instructor
New York State Department of State
Websites & Blogs
Legal Answers
18 Questions Answered

Q. I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent
A: If he is refusing to give you back the dog you can bring a civil action to get it back or to recover the out of pocket expenses you incurred. However, it is best to retain an attorney and expect it to cost a minimum of few thousand dollars in legal fees and court costs. I am handling a matter now with similar facts to yours.
Q. Will my break lease history affect my current lease and credit?
A: Your history of breaking leases is not generally tracked by credit bureaus or any other repository of information. However, if those incidents resulted in a judgment or collections activity your credit may be affected.
Q. What are our rights as landlords holding tenants for willful destruction of property?
A: You are not limited to the security deposit by law. You can sue them for the costs to clean and repair of the house unless your agreement prevents it.
Q. If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?
A: You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.
Q. can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?
A: If someone proves that they are the owner and that the dog was taken from them without permission they will be able to claim it for some time. If you want to challenge their claim you would need to litigate. I can go over the process with you.
Q. My 86 Yr. old father inherited a $50,000 annuity and we need to decide what option to take the funds.
A: If he receives any money from the annuity it would have to be spent down. There are a few alternative options available. A supplemental needs trust would allow his use of the money while maintaining Medicaid eligibility. There are some drawbacks. Also, if burial and funeral arrangements have no been made the money can be used for that.
Q. Do I go through small claims court to get a dog back?
A: If you are the registered owner and the person is refusing to return it, you should call the police. Since a dog is considered property under the law this is considered theft.
Q. Do I have a case for a stolen dog?
A: If you ex is the registered owner of the dog you cannot claim that it was stolen. If ownership was transferred to you then you have a case. If your ex is abusing or mistreating the dog that may be grounds to have it removed from his custody. You may be able to recover for the money that you spent if you can demonstrate that because of his words or actions you believed he was giving you the dog. You may then claim that you reasonably relied upon those words or actions in spending the money and would not have done so otherwise.
Q. Can I sue my mother for lying to me about my name on the deed to home in order to get me to move in with her?
A: I don’t think you have sufficient grounds to sue your mother for lying. When property is deeded to you that reserves a Life Estate, you receive some ownership rights. However, your mother has the right to live there. Since you are on the Deed, the property can’t be sold or transferred without your agreement. You can move away and not have to worry about losing those ownership rights.
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Contact & Map
387 Park Avenue South
5th Floor
New York, NY 10016
Telephone: (646) 952-9010