Irene Gabo on Rusa Radio 105.1 FM – April 09, 2021

 In Irene H Gabo, Law, Rusa Radio
  1. My mom died as a result of corona. She didn’t leave a will. I am her daughter. How do I know get the house she owned put in my name? Can you help?

    First of all, I am very sorry for your loss, but yes I can help. In the case where a person died without a will, the first thing you must do before you can discuss any property transfers is appoint a person who will represent your mother’s estate. Typically it is a spouse or a grown child who becomes the administrator and our office can help you with all the necessary paperwork. Just to mention, when a person dies without a will and there is a spouse, the spouse will have priority to the property. But lets say there is no spouse and you have no other siblings. Once the Court appoints you as an Administrator, you can then deal with getting the house because as a child, with no other siblings you will get priority, if there is a sibling, the property will be owned by both of you, in equal shares, so half and half. Many siblings in this situation choose the sell the house and split the profits.

  2. My attorney was suspended for 18 months and I don’t know what’s going on with my case, and no one picks ups the phone. What if I miss some deadlines you always talk about?

    It is a serious problem, and I hope in your case the lawsuit is started timely. Essentially I have seen suspended attorneys who return the file to the client or their new lawyer and I have also seen those who disappear from the moment they are suspended and the new lawyer and client need to build a whole new file from the beginning. Ordering all records, sending out all new letters, doing new investigation. I think I know the attorney you are referring to and I suggest you give me a call to see if the attorney started a lawsuit on your behalf before the suspension or not, and if not, how much time you have. Unfortunately, I have just turned down a case where a lawsuit was not timely started and the time passed for the client. Now this may be a good legal malpractice lawsuit against the attorney but that’s a separate question. The lesson here is please be in touch with your attorneys frequently to see what is happening with your cases.

  3. I was on a electric scooter on a street and was hit by a motorcyclist. Who will pay for my medical bills. The motorcyclist said he has no coverage.

    Many of you heard me on this program talk about no fault insurance. It is insurance that pays for your medical treatment if you were in a car accident, and its usually your own car insurance policy that pays for it or the car that hit you if you are a pedestrian. However motorcyclists are not protected by no fault insurance, so for example if motorcyclist gets hurt very often their own private medical coverage is the only way to treat for the injuries sustained. If he has no other coverage then you have to go to your own car insurance for payment of medical bills from the accident. If neither you nor motorcyclist have no fault insurance from a car in the household, you will have to apply through a City agency called MVAIC, which protects uninsured individuals. You will have to sign an affidavit that no one in your household owns a motor vehicle and very possibly appear for a hearing with one of MVAIC agents to testify about the treatment and the injuries for which you ask them to pay.

  4. I went to look at a condo for sale, and the elevator dropped suddenly causing me to be thrown around inside it. I hurt my back, but who do I sue in this situation? Condo says its not their fault, I already spoke to them.

    You need to take a look inside the elevator for a Certificate of Inspection that would be hanging in the elevator in question and would state the name of the contractor who last inspected the elevator and the date. The claim should go to them.

  5. I was in an accident and police came and refused to make a report, does that mean I cannot make a case? I have the plate number for the other car.

    No it doesn’t mean that and essentially in many accidents today the police will not even respond to make a report, unless there are injuries and someone is being transported to the hospital or there is serious property damage. You can download a form mv104 from dmv website and make your own report w original going to Albany DMV in 10 days. If you have a plate your attorney can run it for you and find out the information on the other driver.

  6. Can we sue a nursing home if my relative died there from covid?

    Senate recently voted to remove the immunity given last March by Cuomo to hospitals and nursing homes. Now the bill goes to governor for signature. I doubt that he will sign it, but we will see.