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Gregory M. Lendino
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Claimed Lawyer ProfileQ&A
Practice Areas
- Elder Law
- Real Estate Law
- Commercial Real Estate, Condominiums, Eminent Domain, Mortgages, Neighbor Disputes, Residential Real Estate
- Family Law
- Child Custody, Child Support, Guardianship & Conservatorship, Restraining Orders
- Probate
- Probate Administration, Probate Litigation
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Additional Practice Area
- Article 81 Guardianships
Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
- ID Number: 5135405
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Languages
- English: Spoken, Written
- Italian: Spoken, Written
Websites & Blogs
Legal Answers
9 Questions Answered
- Q. Will a will and trust ensure I'm entitled to the house if my husband passes?
- A: Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.
Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will can only handle matters belonging to his estate. If the property is deeded as you described, then his Will (or any other document) can only handle his 50% ownership. Assuming this, you would then be half owner with your father in law.
After handling many of these, my advice is that you need more proper and thorough estate planning. At a minimum, it would require a review by an attorney to guide you and ... Read More
- Q. Validity of a will regarding power of appointment in NY
- A: Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the legal consequences could depend on a few key factors.
What Could Happen If the Power of Appointment Was Not Exercised in Time?
The Power of Appointment May Expire
If the will or trust requires that the power be exercised within 90 days of death, and it was not, the ability to direct assets through the power could be lost. This could mean that default beneficiaries (as stated in the will or trust) ... Read More
- Q. Can I gain legal rights to a child I've raised, not biologically mine, in NY?
- A: It’s great that you’ve been a consistent and caring presence in this child’s life. Since you are not the biological or legal parent, gaining legal rights in New York can be challenging, but it may be possible, depending on the circumstances.
What Legal Options Could You Have?
1. Seeking Legal Custody or Guardianship
If you believe the mother’s home is unsafe and the child would be better off with you, you could petition the court for custody or guardianship.
Courts prioritize the child’s best interests, and since you’ve been raising them for seven years, the judge could consider your role significant.
If the mother is willing, she could agree to a legal arrangement granting ... Read More
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