Legal Question in Civil Litigation in New York

Re: statute of limitation

This must be very hard on you. My best advice is that no cost can be too high to avoid living with a physically abusive man.

The legal question is more complicated. I will try to give you some clear direction.

(1) When the old house was sold, that may be the end of Joe's possible legal rights. Any right to 'proceeds' by Joe was transformed into a right to live with you and the right was destroyed by his brutal behavior. And no such right to 'proceeds' may exist.

(2) The new deed becomes important. If Joe's name is not on the new deed, then you may have the police evict him and get an 'order of protection' to make sure he does not return.

(3) if Joe's name is on the deed with yours (both are on the deed) then you may get the police to evict him and an order of protection to make sure he does not come back. what happens after is more complicated, but Joe may sue for 1/2 the value of the house or just have a 'remainder/successor' interest. This is unclear; it depends on the judge and how that particular judge will act. (They can be very diferent).

A theme emerges: your right to police protection from joe is stronger than any interest he may have in living with you. Remember that. Be aggressive with Joe - he is on shaky grounds. A man who beats women and children has few friends these days.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: statute of limitation

Your guess about the statute of limitations was accurate. However, there may still be a problem if the estate was not probated (and I am guessing that it was not since the Will would have been produced then). If there was a loan document setting forth when George had to repay the money to Joe, Joe had six years after the due date to bring a lawsuit against George to collect the money. George's death extends the time, if the time had not yet expired at the time of his death. The time is extended until the estate is filed in court. It would be very expensive for Joe to bring a preceding now in an effort to collect the money, but, of course, his willingness to do so depends upon how much money was owed. Also, much depends upon whose name is on the deed. If only Kate's name is on the deed, then she can commence a preceding to have Joe removed from the premises. If the deed is in both names, then the property can be divided by a court (or sold and the proceeds divided). A more detailed and accurate answer really requires an examination of the evidence by an attorney.For a general understanding of the statute of limitations and contracts, you can visit www.venezialawfirm.com