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Questions Answered by Michael David Siegel

1 Answer | Asked in Real Estate Law for New York on

Q: non payment of rent

hello, i have 2 month of back rent. i am not a US citizen, and i am planing on moving back to Europe. if i leave without paying rent, would i have any issues traveling out of the country and would i have issues coming back to visit the US?

Michael David Siegel answered on Sep 12, 2019

No. You can stiff them.

1 Answer | Asked in Real Estate Law for New York on

Q: My grandma just passed away. She had a deed for her house for her 4 children. 2 died about 10 years ago. She made a last

Will and testament 8 years ago putting the 2 children that were alive to get ownership of the house. Now the 2 grandchildren of the 2 deceased want to get a share of the house. What happens does the deed to house stay in effect or does the last will and testament?

Michael David Siegel answered on Sep 9, 2019

The will governs unless the title was actually recorded with the deed 10 years ago.

3 Answers | Asked in Bankruptcy for New York on

Q: Is a red light ticket a priority debt or non priority debt

Michael David Siegel answered on Sep 9, 2019

It is a non-dischargeable debt.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on

Q: The father of my son and ex-husband, bought a house i Garland, Texas, and he was paying a mortgage. He was living with h

His mom, new wife, His sister and nephew. His mom passed away in March, and he passed away a month ago, leaving no will. My son was His only child. Does my son has More rights over that property than His father's widow? Also my son's father was registered as the only owner of tittle of the... Read more »

Michael David Siegel answered on Sep 8, 2019

Texas law governs this issue.

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2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on

Q: My elderly father owns a property with my brother as joint tenants but he would like to leave my sister and I his share.

Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on... Read more »

Michael David Siegel answered on Sep 6, 2019

If the deed is with right of survivorship, it must be redrawn to give you a share, and signed by your brother and father.

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1 Answer | Asked in Probate for New York on

Q: how long does someone have to file a will/estate in surrogate court? should they be taking/liquidating things?

Actually, my sister stole my Mom's latest paperwork out of house about 6 months ago, and is using an old will (I haven't seen it) which she says calls her executor, though circumstances are vastly different now. She hasn't filed the estate, lives in Kentucky, and took a bunch of my Mom's stuff... Read more »

Michael David Siegel answered on Sep 4, 2019

There is no deadline to file a will. If the estate is in New York, you can check with the court to see if any estate was opened.

1 Answer | Asked in Real Estate Law for New York on

Q: We are both on the deed. The agreement was that he was to live there and buy me out. Instead he moved out and is renting

The home without my consent. Am I at least entitled to have the rent he is collecting?

Michael David Siegel answered on Sep 4, 2019

Yes, but how to proceed is governed by the agreement. If oral, it will be unenforceable. Then, you need to bring a partition case, and maybe a motion for a receiver.

1 Answer | Asked in Civil Litigation for New York on

Q: NYS nfp Corp pres resigned and is refusing to turn over records

Michael David Siegel answered on Sep 4, 2019

Records belong to the not for profit. Where are they? It may be a criminal taking and the police would help.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on

Q: My husband and sister-in-law inherited a property in Jefferson New York. Need to foreclose, who would be a good lawyer?

Sold property in 2005 on 30 year contract to family member and his wife. Received payments until 2008, and then had several payment in default. Between 2005 and 2008 Mortgagees took out home equity loan with bank. Paper was signed to allow this to happen. Later on they apparently needed more money,... Read more »

Michael David Siegel answered on Sep 4, 2019

You may have statute of limitations problems. Depends on the payments and documents in these deals. Search this site for a foreclosure lawyer in the area.

1 Answer | Asked in Civil Litigation for New York on

Q: Is there a time limit to request an item for discovery after an action has been commenced and sceduled for trial?

Michael David Siegel answered on Sep 4, 2019

Yes. But it depends on the court (Supreme, Civil) and the trial date.

4 Answers | Asked in Bankruptcy and Employment Law for New York on

Q: I loaned my employer 70,000. I was repaid about $10,000 and then he fired me. His company is now filing bankruptcy.

Do I have any recourse to get my money back?

Michael David Siegel answered on Sep 4, 2019

It depends on what the documents say. If you lent to the owner, and that is the borrower, a corporate bankruptcy does not stay suit.

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2 Answers | Asked in Estate Planning for New York on

Q: What form do I need for legally-binding after-death instructions?

I want to leave legally-binding instructions for how my body should be treated and how my burial should go. The more I refresh my knowledge of wills the more it seems like perhaps I need something else. What do I need? It has to be legally-binding and not cost me thousands of dollars. Thanks

Michael David Siegel answered on Sep 4, 2019

Your will can include this information. Make sure your executor is on board with what you want.

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1 Answer | Asked in Contracts for New York on

Q: If a realtor agrees to lower the commission percentage does she need to create a new Listing Agreement?

Current agreement at 5% but has agreed to go to 4% but says that she cannot change the listing contract that her firm does amendment forms instead. Am I bonded to the original contract if I sign an amendment form?

Current agreement does not seem right. She has 5% listed as the Broker Fee... Read more »

Michael David Siegel answered on Aug 31, 2019

An amendment seems right. You are changing one term, not re-listing the property.

1 Answer | Asked in Real Estate Law for New York on

Q: Home buyer asked the seller to include in the sale contract that he will clean up someone in the living room

Home buyer asked the seller to include in the sale contract that he will clean up some mold in the living room for appraisal purposes. Is there any liability for the seller?

Michael David Siegel answered on Aug 28, 2019

Remediation of any defect prior to closing is a common contract term. I am not sure what you are trying to ask.

1 Answer | Asked in Business Law for New York on

Q: I signed a consignment agreement on July 11, 2019. Can I change my mind about selling and ask for my property back?

Shop owner never signed agreement, also did not provide sale prices until after I signed. Prices never discussed with me. I don't trust him at this point and the pictures have sentimental value, I made a mistake and I want my pictures back. Owner feels he should be allowed 90 days to try and sell.... Read more »

Michael David Siegel answered on Aug 28, 2019

It depends on what the agreement said. How do you know owner did not sign?

1 Answer | Asked in Civil Litigation for New York on

Q: How do I go about removing inaccurate info on my credit report.

Payments made on a legal agreement through the courts were paid in full, but the courts never reported to the credit bureaus that they were paid.

Michael David Siegel answered on Aug 28, 2019

Court stuff cannot be done with the credit bureau directly. A satisfaction of judgment needs to be filed by the judgment creditor. If it is criminal restitution, call the clerk.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for New York on

Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now

My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... Read more »

Michael David Siegel answered on Aug 28, 2019

CPS acts on whatever they feel needs to be acted on. And, someone is legally allowed to report conduct they feel needs CPS involvement. Thus, you need to do what they say.

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2 Answers | Asked in Probate for New York on

Q: I am the eldest daughter of a man who just died; he has a common law "spouse" and another daughter. What are my rights?

The common law wife was previously his legal wife but they divorced; the other daughter is theirs. I'm currently in New York, he lived in Texas. I do not know if he had a will, or what is "estate" consists of and am not sure I will be considered when everything is reviewed. What are my rights?

Michael David Siegel answered on Aug 28, 2019

It is a TX law question if that is where the estate is located. NY, where you live, is irrelevant.

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2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on

Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »

Michael David Siegel answered on Aug 28, 2019

Yes. If you are not the owner, you have no right to be there. However, it depends under what authority your aunt is acting. If you suspect abuse of a power of attorney, or abuse of your grandmother, call adult protective services.

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