NY July 2015 Support Group Forum

[Notmyfavbar]

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

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]

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]

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]

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]

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]

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]

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]

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]

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

[zor]

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]

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]

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]

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]

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]

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]

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

[sd5289]

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

No. Just a Gov't issued photo ID.

[sd5289]

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]

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]

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]

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]

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]

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

[marthac66]

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]

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