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Questions Answered by Michael David Siegel
2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... View More

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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1 Answer | Asked in Probate and Estate Planning for New York on
Q: Can I file a complaint to a NY agency as a third party against an executor for the mishandling of an estate settlement?

The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... View More

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

Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... View More

3 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More

Michael David Siegel
Michael David Siegel
answered on Apr 15, 2024

It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.

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1 Answer | Asked in Real Estate Law for New York on
Q: I bought out the co-owner of my house. He had a lien on the house from American Express. I want to pay it off.

I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2024

Make a motion to vacate the judgment. That will get their attention.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

Check his mail. Check his credit report. Check his tax return. You can also hire a private investigator service.

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1 Answer | Asked in Divorce and Estate Planning for New York on
Q: New York-post nuptial agreement. has date and signature of spouses. Not notarized. Is it invalid

Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?

Michael David Siegel
Michael David Siegel
answered on Mar 6, 2024

Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Small Claims for New York on
Q: Can I sue my landlord?

We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More

Michael David Siegel
Michael David Siegel
answered on Mar 4, 2024

Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.

1 Answer | Asked in Estate Planning for New York on
Q: In New York you need two witnesses for a notarized last will and testament. Can the Notary also serve as a witness ?
Michael David Siegel
Michael David Siegel
answered on Feb 24, 2024

No. The notary is actually notarizing the witnesses, so it would be notarizing yourself.

2 Answers | Asked in Real Estate Law for New York on
Q: what deed form do I file in the state of NY?

My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More

Michael David Siegel
Michael David Siegel
answered on Feb 21, 2024

There is a form of Administrator's Deed. That is what you need.

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1 Answer | Asked in Real Estate Law for New York on
Q: What are my options if I am paying mortgage on rental property but husband is keeping rental income from me in divorce?

I am going through divorce and my ex and I own a home that is being rented for rental income in NY state. I pay the mortgage but he has collected all the income from the house and refused to give it to me. The lease is only signed with his name. The house deed is in both of our names but the... View More

Michael David Siegel
Michael David Siegel
answered on Feb 19, 2024

The matter will be governed by your divorce decree. It should have specified who gets the income and who has to pay.

1 Answer | Asked in Probate for New York on
Q: father passed away 2 years, no living will, ive been paying mortgage, havent notified bank, worried i'll lose the house.

My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and... View More

Michael David Siegel
Michael David Siegel
answered on Jan 29, 2024

First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Am I legally required to administer my mother's estate if she died owing money?

My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More

Michael David Siegel
Michael David Siegel
answered on Jan 16, 2024

You do not need to administer your mother's estate. There is a procedure for the creditor to petition the Public Administrator to administer your mother's estate to get paid. It is true that your mother's estate is a beneficiary of your father.

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2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Problematic business partner

Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?

Michael David Siegel
Michael David Siegel
answered on Jan 9, 2024

It depends what the partnership agreement provides. There are different structures that could be pursued.

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1 Answer | Asked in Estate Planning for New York on
Q: My father recently passed away away, and he had a gf in the US. But they had a shared investment account, what to do?

Hallo, my father recently passed away, and had a brokeage account in the US. His girlfriend was listed as a contributor, but she has not deposited a single $ in the account. Since there is no will, by danish law all assets pass to next of kin, i.e me and my siblings. How should we procede?

Michael David Siegel
Michael David Siegel
answered on Jan 7, 2024

Contact the brokerage company to see if there is a beneficiary designation on the account. If so, the beneficiary gets the money. If not, the estate gets the money. Your Danish papers may be good enough to collect.

1 Answer | Asked in Collections for New York on
Q: Is it true a discontinuance of proceedings won't prevent a plaintiff from claiming the same relief in fresh proceedings?

Judgment for Collections

Michael David Siegel
Michael David Siegel
answered on Jan 6, 2024

It depends on whether the dismissal is with prejudice (cannot bring again) or without prejudice (can bring again). If silent, it is without prejudice.

1 Answer | Asked in Estate Planning for New York on
Q: Where to find form of testamentary trust to fill out online?

I am willing to buy the form.

Michael David Siegel
Michael David Siegel
answered on Dec 1, 2023

If you have enough money that it is worth opening a trust, you have enough money to pay a lawyer to do it right. No lawyer is going to recommend an online form.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Tenants in New York State are not paying rent. Do both tenants on the lease agreement have to be served separately?

I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2023

Yes, each tenant and occupant must be independently named and served in the notice, and the landlord/tenant case once commenced.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: Estate inheritance question’ my Dad passed last month! He left a will but my step mother isn’t forthcoming.

Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.

Last week I asked her to put something in writing legally. She then told me she... View More

Michael David Siegel
Michael David Siegel
answered on Nov 27, 2023

If the house was held as tenants by entireties, i.e. as husband and wife, it passes by operation of law to your step mother. The letter is worthless. The will would be irrelevant as to the house. You would have to be legally evicted, but she could do it.

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Michael David Siegel
Michael David Siegel
answered on Nov 20, 2023

Technically, yes. Realistically, no. Do not worry about it as to the car.

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