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Following are commonly asked Q&A's from an attorney
in the Union Plus Legal Service network.
Irene Brunstein
12404 Cronston Avenue
Rockaway Park, NY 11694
Phone: 718-634-4444
We’re looking to buy a new house. Our sales agent recommended
a lawyer to me. This is a lawyer the agent has worked with on many
occasions. Should I use this lawyer?
Maybe, but you may want to have a different lawyer review the contract
through the Union Plus Legal Service. An independent lawyer can
advise you of the pitfalls of the contract and what you have to
watch out for.
(In the Union
Plus Mortgage & Real Estate Program, the program lender
usually recommends working with title companies/settlement specialized
attorneys who are familiar with the mortgage process. Union members
may choose a different lawyer and/or hire an attorney to accompany
them at the closing table for document review and an explanation
of the documents, making them more comfortable at the signing.)
There is something I want to buy, rent, borrow, lease, use, or a friend
asks me to do him or her a favor and guarantee something, like a loan.
The seller or lender wants me to sign a simple agreement. He tells
me it is just a formality and it is nothing I should worry about.
It is just standard. Should I sign it without reviewing?
Never. These simply "formalities" are binding and legally
enforceable contracts that you may one day regret and have to pay
for. You have free legal advice. Fax the document to a lawyer and
go over the document with him or her to explain what it means, in
simple language.
My spouse and I are not getting along.
I think a divorce would be beneficial to us both. I am afraid because
my spouse tells me she or he will leave me penniless, or will never
allow me to see the children, or some other such undefined threat.
What should I do?
Get a free initial consultation with a lawyer in the Union Plus
Legal Service. The lawyer will advise you of your rights. Children
are in need of both parents. If one parent interferes with the visitation
of the other, the Courts will readily change custody of the children
to the spouse who will allow the other adequate and frequent visitation.
Or joint custody may be in order. New York is an equitable distribution
state. Property even in the name of only one spouse is marital property
- unless the other spouse can show it qualifies as separate property,
usually only if it was purchased prior to the marriage or from funds
acquired by inheritance, or a personal injury settlement.
Note: State laws differ so always check with a lawyer licensed
to practice in your state.
Finally, you have a free legal service. Use it, call frequently.
Even if you think the matter is small and inconsequential, it may
have far reaching legal ramification.
Read other lawyers' Q&A's
Other legal consumer articles.
To
find a lawyer in your area, union members can complete the online
form here.
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