NY July 2015 Support Group

Notmyfavbar
Posts: 41
Joined: Sun Jun 07, 2015 11:13 am

Re: NY July 2015 Support Group

Postby Notmyfavbar » Sat Jul 25, 2015 8:33 pm

myrtlewinston wrote:
freestallion wrote:
Notmyfavbar wrote:
summeisruined wrote:
myrtlewinston wrote:Will this be a long day for anyone else?


Not really

I feel like I reached my limit

I still have a lot of rules that i don't know but I fuck it, i'll see



haha fuck it. I completely agree. I've reached max capacity. Strictly review from here on out. But it's so hard to stick to reviewing. I just wanna watch tv :x


Same... I feel equally panicked and bored. I still keep forgetting rules but I am burned out so it's hard to memorize them even. Arggghh.


All I'm doing is review. When I'm tired, I do a silly topic like Worker's Comp. But those Crim elements and NYP rules!



I just keep getting SO BORED. And I'm realizing that my short term memory is actually not that great because I keep forgetting everything that's not MBE haha. It's that weird stage of studying where you're so close and you can keep repeating things in your head and it will probably help, but you're also so over this shit at the same time. One second I'm like "fuck im gonna fail.." then 5 mins later "i don't even care anymore"

freestallion
Posts: 944
Joined: Thu Jan 13, 2011 2:17 pm

Re: NY July 2015 Support Group

Postby freestallion » Sat Jul 25, 2015 8:53 pm

I feel the same way. I am still extremely nervous about the essays because I can't compare to the sample answers they give. I'm just hoping I'm not the only one and I can pass with something just... passable, because usually I can remember the general rule but it's really hard to put it into words like the sample answers do. Sigh. Just hoping it's enough to pass!

myrtlewinston
Posts: 401
Joined: Sun May 24, 2015 8:39 pm

Re: NY July 2015 Support Group

Postby myrtlewinston » Sat Jul 25, 2015 9:27 pm

What is the formula for calculating a surviving spouse's elective share?

This is what I think, but I am not sure:

Leave out the exempt property
Add testamentary substitutes to the estate
Divide by 1/3
Minus bequests to the surviving spouse

Is that correct?

jamesm722
Posts: 76
Joined: Tue Mar 27, 2012 3:21 pm

Re: NY July 2015 Support Group

Postby jamesm722 » Sat Jul 25, 2015 11:38 pm

myrtlewinston wrote:What is the formula for calculating a surviving spouse's elective share?

This is what I think, but I am not sure:

Leave out the exempt property
Add testamentary substitutes to the estate
Divide by 1/3
Minus bequests to the surviving spouse

Is that correct?


Pretty much. It's technically, "net estate" first, so you subtract exempt family property passing to the spouse AND administrative expenses AND debts owed to creditors.

Also, you multiply by 1/3 or just divide by 3, dividing by 1/3 would be a 3x multiplier

freestallion
Posts: 944
Joined: Thu Jan 13, 2011 2:17 pm

Re: NY July 2015 Support Group

Postby freestallion » Sat Jul 25, 2015 11:52 pm

jamesm722 wrote:
myrtlewinston wrote:What is the formula for calculating a surviving spouse's elective share?

This is what I think, but I am not sure:

Leave out the exempt property
Add testamentary substitutes to the estate
Divide by 1/3
Minus bequests to the surviving spouse

Is that correct?


Pretty much. It's technically, "net estate" first, so you subtract exempt family property passing to the spouse AND administrative expenses AND debts owed to creditors.

Also, you multiply by 1/3 or just divide by 3, dividing by 1/3 would be a 3x multiplier


So, exempt property can include $25,000 for one car, $25,000 in cash/personal property, and $20,000 in household items, we do NOT include these amounts in calculating the elective share?

jamesm722
Posts: 76
Joined: Tue Mar 27, 2012 3:21 pm

Re: NY July 2015 Support Group

Postby jamesm722 » Sun Jul 26, 2015 12:29 am

freestallion wrote:
jamesm722 wrote:
myrtlewinston wrote:What is the formula for calculating a surviving spouse's elective share?

This is what I think, but I am not sure:

Leave out the exempt property
Add testamentary substitutes to the estate
Divide by 1/3
Minus bequests to the surviving spouse

Is that correct?


Pretty much. It's technically, "net estate" first, so you subtract exempt family property passing to the spouse AND administrative expenses AND debts owed to creditors.

Also, you multiply by 1/3 or just divide by 3, dividing by 1/3 would be a 3x multiplier


So, exempt property can include $25,000 for one car, $25,000 in cash/personal property, and $20,000 in household items, we do NOT include these amounts in calculating the elective share?


$25k for one car
$25k cash if funeral bill paid
$20k personal property
$20k farm equipment or machinery
$2.5k miscellaneous like electronics
Total $92.5k

Correct, you do not include these if they are passing to the surviving spouse. Realistically I wouldn't worry about such a small rule. If you do everything right but calculate wrong or miss a piece on an essay its still a very small piece of your overall score.

Net estate = all property - exempt family property - administrative costs - debts owed

Net estate under $150k, then surviving spouse get $50k; Net estate over $150k, then surviving spouse gets 1/3 elective share

myrtlewinston
Posts: 401
Joined: Sun May 24, 2015 8:39 pm

Re: NY July 2015 Support Group

Postby myrtlewinston » Sun Jul 26, 2015 2:06 am

I'm most likely withdrawing from the July Bar. My dog was diagnosed with a spinal problem last week, which could result in paralysis. He hardly ate or drank today, and struggled at my feet. I've worked very very hard, but this little guy deserves my love and care. I hope future boss understands.

starryski
Posts: 235
Joined: Wed Jul 22, 2015 2:04 am

Re: NY July 2015 Support Group

Postby starryski » Sun Jul 26, 2015 4:07 am

toplawnerd wrote:Question about statute of limitations for claims against the State of New York:

- Claims against a municipality have a 1 year, 90 day SOL. Also necessary to file a notice of claim.
- Is there a special rule for the State of New York? Other than the fact that State of New York claims are filed in the Court of Claims, what other requirements are there?

I've looked through my Barbri notes and the CMR and can't find anything, but I could easily just be overlooking it.

Thanks


i doubt it would be on the exam, but you have to serve a claim on the state within 90 day and serve it on the atty general.

sp1kedrat
Posts: 20
Joined: Tue Nov 25, 2014 12:35 am

Re: NY July 2015 Support Group

Postby sp1kedrat » Sun Jul 26, 2015 9:19 am

can a good faith purchaser obtain good title from a seller with bad title? i'm super confused on this one. thanks.

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zor
Posts: 263
Joined: Tue Feb 22, 2011 1:36 pm

Re: NY July 2015 Support Group

Postby zor » Sun Jul 26, 2015 9:23 am

myrtlewinston wrote:I'm most likely withdrawing from the July Bar. My dog was diagnosed with a spinal problem last week, which could result in paralysis. He hardly ate or drank today, and struggled at my feet. I've worked very very hard, but this little guy deserves my love and care. I hope future boss understands.


Poor puppy! But why wouldn't you just take it to see how it goes? Stop studying for now, spend some time with the doggy, but take the exam. If you fail, you're no worse off than withdrawing, but you might pass and save yourself a lot of work and anxiety.

starryski
Posts: 235
Joined: Wed Jul 22, 2015 2:04 am

Re: NY July 2015 Support Group

Postby starryski » Sun Jul 26, 2015 9:44 am

sp1kedrat wrote:can a good faith purchaser obtain good title from a seller with bad title? i'm super confused on this one. thanks.


or you mean no title. like uncle leaves nephew deed in will. nephew deeds to friend and records before uncle dies. then uncle dies? if friend had no notice, then nephew cant get it back and stays with friend.

are you talking about this? estoppel by deed?

sp1kedrat
Posts: 20
Joined: Tue Nov 25, 2014 12:35 am

Re: NY July 2015 Support Group

Postby sp1kedrat » Sun Jul 26, 2015 9:49 am

starryski wrote:
sp1kedrat wrote:can a good faith purchaser obtain good title from a seller with bad title? i'm super confused on this one. thanks.


or you mean no title. like uncle leaves nephew deed in will. nephew deeds to friend and records before uncle dies. then uncle dies? if friend had no notice, then nephew cant get it back and stays with friend.

are you talking about this? estoppel by deed?


i mean if A steals painting from B and sells it to C, who buys in good faith, who owns the painting? B (original owner) or C (good faith purchaser)? I know there's the whole thing in NY about conversion not accruing until demand by the original owner, which makes me think B. But at common law, bona fide purchasers can acquire good title, which cuts towards C.

jamesm722
Posts: 76
Joined: Tue Mar 27, 2012 3:21 pm

Re: NY July 2015 Support Group

Postby jamesm722 » Sun Jul 26, 2015 10:20 am

sp1kedrat wrote:
starryski wrote:
sp1kedrat wrote:can a good faith purchaser obtain good title from a seller with bad title? i'm super confused on this one. thanks.


or you mean no title. like uncle leaves nephew deed in will. nephew deeds to friend and records before uncle dies. then uncle dies? if friend had no notice, then nephew cant get it back and stays with friend.

are you talking about this? estoppel by deed?


i mean if A steals painting from B and sells it to C, who buys in good faith, who owns the painting? B (original owner) or C (good faith purchaser)? I know there's the whole thing in NY about conversion not accruing until demand by the original owner, which makes me think B. But at common law, bona fide purchasers can acquire good title, which cuts towards C.


A doesn't have good title so he can't pass valid title to C regardless of NY or MBE. You can only transfer the title that you own. A has no title to transfer, so C gets no title.

freestallion
Posts: 944
Joined: Thu Jan 13, 2011 2:17 pm

Re: NY July 2015 Support Group

Postby freestallion » Sun Jul 26, 2015 10:38 am

Does anyone have a sense of what to try to know/remember for Admin? I keep reviewing and keep forgetting... I guess Open Meeting Law, FOIL, Adjudicatory Proceedings? I'm finding it so hard to remember these rules for some reason...

orangecup
Posts: 266
Joined: Fri Dec 06, 2013 11:41 pm

Re: NY July 2015 Support Group

Postby orangecup » Sun Jul 26, 2015 10:40 am

freestallion wrote:Does anyone have a sense of what to try to know/remember for Admin? I keep reviewing and keep forgetting... I guess Open Meeting Law, FOIL, Adjudicatory Proceedings? I'm finding it so hard to remember these rules for some reason...


I kept the studying pretty light on Open Meeting Laws and FOIL. Too many random exceptions to memorize and Kaplan didn't go very in depth on them. I just went with general rules, like to make a rule you need to give 45 days notice, etc.

stronitsing
Posts: 76
Joined: Sat Jun 06, 2015 1:12 pm

Re: NY July 2015 Support Group

Postby stronitsing » Sun Jul 26, 2015 10:51 am

we don't need a passport photo like we did for the mpre do we?

User avatar
sd5289
Posts: 1624
Joined: Thu Jun 09, 2011 2:02 pm

Re: NY July 2015 Support Group

Postby sd5289 » Sun Jul 26, 2015 11:06 am

stronitsing wrote:we don't need a passport photo like we did for the mpre do we?


No. Just a Gov't issued photo ID.

User avatar
sd5289
Posts: 1624
Joined: Thu Jun 09, 2011 2:02 pm

Re: NY July 2015 Support Group

Postby sd5289 » Sun Jul 26, 2015 11:10 am

jamesm722 wrote:
freestallion wrote:
jamesm722 wrote:
myrtlewinston wrote:What is the formula for calculating a surviving spouse's elective share?

This is what I think, but I am not sure:

Leave out the exempt property
Add testamentary substitutes to the estate
Divide by 1/3
Minus bequests to the surviving spouse

Is that correct?


Pretty much. It's technically, "net estate" first, so you subtract exempt family property passing to the spouse AND administrative expenses AND debts owed to creditors.

Also, you multiply by 1/3 or just divide by 3, dividing by 1/3 would be a 3x multiplier


So, exempt property can include $25,000 for one car, $25,000 in cash/personal property, and $20,000 in household items, we do NOT include these amounts in calculating the elective share?


$25k for one car
$25k cash if funeral bill paid
$20k personal property
$20k farm equipment or machinery
$2.5k miscellaneous like electronics
Total $92.5k

Correct, you do not include these if they are passing to the surviving spouse. Realistically I wouldn't worry about such a small rule. If you do everything right but calculate wrong or miss a piece on an essay its still a very small piece of your overall score.

Net estate = all property - exempt family property - administrative costs - debts owed

Net estate under $150k, then surviving spouse get $50k; Net estate over $150k, then surviving spouse gets 1/3 elective share


Right. My understanding is the surviving spouse gets the greater of the two: the $50,000 or 1/3 of the net estate. What if the net estate is exactly $150,000? Oy. If the bar examiners were actually assholish enough to do that, I'll just say "congratulations spouse pick one!"

throwawayusername93
Posts: 13
Joined: Tue Sep 03, 2013 10:06 pm

Re: NY July 2015 Support Group

Postby throwawayusername93 » Sun Jul 26, 2015 11:26 am

sd5289 wrote:
jamesm722 wrote:
Net estate = all property - exempt family property - administrative costs - debts owed

Net estate under $150k, then surviving spouse get $50k; Net estate over $150k, then surviving spouse gets 1/3 elective share


Right. My understanding is the surviving spouse gets the greater of the two: the $50,000 or 1/3 of the net estate. What if the net estate is exactly $150,000? Oy. If the bar examiners were actually assholish enough to do that, I'll just say "congratulations spouse pick one!"


Two ways of saying the same thing?

nutella123
Posts: 75
Joined: Wed Oct 19, 2011 6:16 pm

Re: NY July 2015 Support Group

Postby nutella123 » Sun Jul 26, 2015 12:07 pm

myrtlewinston wrote:I'm most likely withdrawing from the July Bar. My dog was diagnosed with a spinal problem last week, which could result in paralysis. He hardly ate or drank today, and struggled at my feet. I've worked very very hard, but this little guy deserves my love and care. I hope future boss understands.


So sorry for your predicament. It is really hard and my heart goes out to you.

IMHO, not sure an employer would be so sympathetic to your withdrawal. I think an employer would understand if you failed under the circumstances, but not trying may not sit so well. My two cents.

marthac66
Posts: 15
Joined: Sun Jul 19, 2015 6:59 pm

Re: NY July 2015 Support Group

Postby marthac66 » Sun Jul 26, 2015 12:12 pm

Can someone confirm if I can bring my phone and bank atm card inside my clear gallon bag?
Also what time do we need to be at the Javits Center? I have seriously too much studying to do to figure this stupid crap out!!! :(

orangecup
Posts: 266
Joined: Fri Dec 06, 2013 11:41 pm

Re: NY July 2015 Support Group

Postby orangecup » Sun Jul 26, 2015 12:16 pm

marthac66 wrote:Can someone confirm if I can bring my phone and bank atm card inside my clear gallon bag?
Also what time do we need to be at the Javits Center? I have seriously too much studying to do to figure this stupid crap out!!! :(


No phones allowed. I imagine your debit card is fine, though someone else should confirm.

730AM day 1 and 800AM day 2. Details are on your ticket

nutella123
Posts: 75
Joined: Wed Oct 19, 2011 6:16 pm

Re: NY July 2015 Support Group

Postby nutella123 » Sun Jul 26, 2015 12:22 pm

Anyone else suddenly having trouble sleeping? Had been doing well but last night....

marthac66
Posts: 15
Joined: Sun Jul 19, 2015 6:59 pm

Re: NY July 2015 Support Group

Postby marthac66 » Sun Jul 26, 2015 12:38 pm

orangecup wrote:
marthac66 wrote:Can someone confirm if I can bring my phone and bank atm card inside my clear gallon bag?
Also what time do we need to be at the Javits Center? I have seriously too much studying to do to figure this stupid crap out!!! :(


No phones allowed. I imagine your debit card is fine, though someone else should confirm.

730AM day 1 and 800AM day 2. Details are on your ticket


Perfect! Thank you!!

stronitsing
Posts: 76
Joined: Sat Jun 06, 2015 1:12 pm

Re: NY July 2015 Support Group

Postby stronitsing » Sun Jul 26, 2015 1:00 pm

Does anybody know whether physical symptoms are needed or not for near miss NIED? I know they're not for bystander NIED - but everything I read says something different




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