FAQ


1. My family member just died. What should I do first?

The first thing to determine is whether or not she left a will. If she did, there will be an Executor designated. Reach out to the Executor and alert her. That person will be responsible for carrying out the instructions in the will, paying creditors, and filing for estate taxes. If she did not leave a will, there is a priority list of relatives that can apply to Surrogate Court for Letters of Administration. Whomever the Court grants these Letters will act as the Executor of the estate.


2.What are the costs associated with creating a New York LLC

There is a $200 charge to file the application with the Division of Corporations. There is an advertising fee comprised of six weeks of a in two periodicals assigned by the local County Clerk, and there is the attorney fee which primarily counts for administration and drafting the operating agreement.


3.How do I go about evicting a tenant from a basement apartment?

In New York it is illegal to rent out the basement of a single family home. Therefore, one can not bring any action concerning this relationship to Landlord Tenant court. The correct venue for this type of action is a holdover in Supreme Court or an Ejectment proceeding in the same Court.


4.What is the difference between selling my house in a short sale or just allowing the bank to reclaim it in a foreclosure proceeding?

If the house goes in a short sale, you will not owe the bank anything, and the debt is wiped clean. On the other hand, in a foreclosure, the bank or lending institution may still recover the difference in the price the house sold for and what you owed on it in a deficiency judgment.


5.Why do I have to have corporate minutes, by-laws, or an LLC Operating agreement if I am the only investor in the company?

To avoid allegations of self- dealing or creating a business for the sole purpose of shielding your assets. If someone is suing you for grazing his arm on the subway, and you can’t afford to pay the judgment from your personal assets, the court can still go after your corporate assets if you don’t follow the formalities.  This is commonly referred to as piercing the corporate veil.


6.I am a U.S. Citizen. Can I sponsor my step-child for immediate permanent residence?

Possibly. The parent child relationship must pass two tests: 1) The marriage between the parents must have occurred before the child turned 18 and 2) The child must be under 21 years of age.


7.How long after the marriage and filing an Immigration petition do I have to wait to bring my alien wife to the United States?

A spouse is considered an immediate relative for sponsorship purposes, so there is no required waiting period for a visa to become available. Therefore the application, namely an I-130, is the only barrier to sending for a spouse.


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