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Questions Answered by Michael David Siegel
2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 22, 2022

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

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1 Answer | Asked in Estate Planning for New York on
Q: My mother passed away 8 years ago. No contact with then spouse. How do I get probate admin status for executorship

We have no clue as to where the former spouse is. I'm whom she attempted to leave as executor.

Michael David Siegel
Michael David Siegel
answered on Sep 20, 2022

There are ways to find anyone. You are going to have to find them, or a last known address.

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: My financial advisor (CFP) contacted my brother (no power) to advise him I'd made a change to my POA. Did he break a law

My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2022

I see nothing "illegal", but it is weird.

1 Answer | Asked in Business Law for New York on
Q: Can a majority owner bring a derivative suit against its own company?

I know minority owners can but I don't know if majority ones can.

Michael David Siegel
Michael David Siegel
answered on Sep 16, 2022

Yes, if the bylaws say that a majority is insufficient to authorize suit.

2 Answers | Asked in Real Estate Law for New York on
Q: My son just moved his Nyc condo into an LLC. I want to buy a 49% interest in the LLC. Is Transfer Tax due?
Michael David Siegel
Michael David Siegel
answered on Sep 11, 2022

No. The papers are all at the LLC level.

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1 Answer | Asked in Estate Planning and Foreclosure for New York on
Q: Need help with getting my name added to a deed

I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Majority shareholder sues minor shareholder and the company- can minor shareholder accept service on behalf of company?

Plaintiff owns 75% of Company A. Defendant owns 15% of Company A. (So a third party owns the remaining 10%.) Plaintiff sues both Defendant AND Company A. The lawsuit seeks to dissolve Company A.

Two questions:

Defendant can obviously accept service on behalf of themselves, but... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

A shareholder, just by being a shareholder, cannot accept service. Service must be on an officer or director, or the registered agent. A minority shareholder can fight the dissolution, or demand a buyout based on the value of the corporation as determined by a court. The procedure is in the... Read more »

2 Answers | Asked in Contracts for New York on
Q: If a contract of sale is executed in 6/18 and there has been no closing to date. can that contract still be enforced
Michael David Siegel
Michael David Siegel
answered on Sep 2, 2022

Depends on the terms of the contract. The contract will say.

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1 Answer | Asked in Estate Planning for New York on
Q: Who is responsible for the upkeep of a house, between the death of the owner and the time probate starts.
Michael David Siegel
Michael David Siegel
answered on Aug 31, 2022

In New York, the estate, but costs can be assessed against the beneficiary if there is a specific bequest.

1 Answer | Asked in Real Estate Law for New York on
Q: My house was boarded by Building Depart., I had a water leak. Who should be responsible for this leak ?
Michael David Siegel
Michael David Siegel
answered on Aug 26, 2022

The City will have put a repair lien on your property, which accrues interest at 18%. Pay the lien and fix the building, or the City will sell it to pay the lien, leaving you with nothing.

1 Answer | Asked in Civil Litigation for New York on
Q: If i take a personal loan out for a friend who promises to pay me back. If this person doesn’t pay me back am I screwed?

Just text messages? Emails I gave it to them in cash the money was deposited into my account I withdrew cash and gave it to them

Michael David Siegel
Michael David Siegel
answered on Aug 24, 2022

Sure. But what proof do you have that you loaned the money you borrowed to them?

1 Answer | Asked in Intellectual Property and Real Estate Law for New York on
Q: Hello, My mother died in 1987 and owned two properties prior to death. One in Corning, NY and the other lake property

I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

From 1987? No there is nothing you can do.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: In NY can you claim ownership of someone else's property because you have used it for some of period of time?

We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »

3 Answers | Asked in Probate for New York on
Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?

Michael David Siegel
Michael David Siegel
answered on Aug 19, 2022

Based on your post, you are clearly confused about the case. An executor is in a will by definition. Thus, the statement there is "no will" and the brother is "executor" is legally inconsistent. I am not sure what happened here by your post. Is an "assessor" an... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: If I put my home into an irrevocable trust is it advantageous to make myself the trustee, or someone else (child)?

I own my home in my name.

Michael David Siegel
Michael David Siegel
answered on Aug 18, 2022

It depends what you want to achieve. A primary residence should go into a QPRT for tax purposes, and you need a disinterested trustee.

2 Answers | Asked in Real Estate Law for New York on
Q: If a deed/ mortgage has the husband, wife and wife’s daughter before marriage listed on deed. Is it survivorship

The deed reads the husbands name and wife’s name and wife’s daughters name as the owners. What does ux mean in terms of wife’s ownership. The Deed doesn’t have ux in it. I was asking because I ran in to the term. On the deed/ mortgage itself says John Doe and Jane doe and Mary doe.

Michael David Siegel
Michael David Siegel
answered on Aug 18, 2022

"UX" is an old style abbreviation in Latin for "husband and wife". I would need to see the deed, but it sounds like it is 50% the parents, and 50% the daughter. The parents have survivorship rights between them, but as to the daughter it is tenants in common.

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: I am the remainderman of a life estate. Should I have received any documentation (i.e. deed) after probate is done?

Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 17, 2022

There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).

2 Answers | Asked in Consumer Law for New York on
Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 16, 2022

For $16,000 you can definitely sue, so long as you have the paperwork showing you gave them the watch.

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2 Answers | Asked in Estate Planning and Elder Law for New York on
Q: Elder law. Hello. my mother is 85 . how can I get control of her finances?

She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2022

If you can get a POA then you can handle matters but so can she. A guardianship cuts off her ability to handle matters and is more sweeping. Up to you.

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1 Answer | Asked in Probate and Real Estate Law for New York on
Q: I and my Sister in Law are Tenants in Common. House immediately passed to us outside of probate after my mother passed.

I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 9, 2022

If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.

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