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Questions Answered by Michael David Siegel
1 Answer | Asked in Estate Planning for New York on
Q: My father is starting to lose his memory. I need him to place his house in a trust for me.

I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?

Michael David Siegel
Michael David Siegel
answered on May 31, 2023

Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.

2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... Read more »

Michael David Siegel
Michael David Siegel
answered on May 12, 2023

Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records... Read more »

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1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My grandparents died and the house is still under their name, I need to put the house in my mother's name.

I also have to change the electric and water to her name and was told I needed an Affidavit.

Michael David Siegel
Michael David Siegel
answered on Feb 7, 2023

A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.

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3 Answers | Asked in Real Estate Law and Probate for New York on
Q: In 2010 my mother took out a $200K Home Equity Line of Credit on her home in New Jersey to give me a mortgage to

purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

Your sister very much has a claim. Given a lawyer was involved, this was very sloppy all around. An interest in real estate can only be altered with a writing. You have none. The mortgage remains of record.

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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Michael David Siegel
Michael David Siegel
answered on Dec 28, 2022

Yes and no. It applies State law if the claim is not final in State court. If it has been made final in state court, then the bankruptcy court must honor the state court judgment. There are bankruptcy options to modify, etc., even if there is a judgment.

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3 Answers | Asked in Business Law for New York on
Q: I have a holding company (S corp) and three separate LLC's. I'd like to make the LLC's subsidiaries of the S corp. How?
Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

If these are wholly owned by you, you should be able to just change the membership agreement. If you are doing this to avoid creditors, it could be a fraudulent conveyance. Also, depending on how you carry the books, there may be tax consequences.

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2 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: we have sold our apartment and we have $10,000 in escrow account.

Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... Read more »

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

If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How to review a NJ property contract?

Hi--

My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... Read more »

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

This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by... Read more »

1 Answer | Asked in Contracts for New York on
Q: Can I get some of my money back from an immigration lawyer for uncompleted work?

I paid about 9.5k for a couple of applications. The attorney only completed 1 of them. I changed my representative. Now when I contact them, they tell me that since I changed representatives, they won’t refund me. Isn’t that unethical? They haven’t worked on the rest of my case, so why take... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 21, 2022

You can sue for a refund. Since it is in NYC and under $10,000 it is small claims. You can do it yourself. Go to the Civil Court at 141 Livingston Street and go to the Small Claims clerk.

2 Answers | Asked in Business Formation, Contracts and Business Law for New York on
Q: Made an investment of $10k (with a total of $40k-$50k with other investors). business dissolved and told I get nothing?

The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?

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

Depends on what your deal was, and what an accounting would show. Very hard for $10,000 to make something happen here. You can sue, but it would cost a high percentage of the recovery unless others joined. For $10,000 you can do a small claims case in NYC, and see if anything shakes out.

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3 Answers | Asked in Real Estate Law for New York on
Q: I recorded a lien on a home for $400k for money I’d given that was not returned,foreclosure now,Iamserved as defend. Y?

A person I knew asked for a $400k investment with the promise of a return. Never materialized. Waited substantial amount of time before recording a lien for the $400k on his home in 2008. He would not answer the entire time so I waited. And now I was served papers last night and I am named as a... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2022

I agree with Mr. Nelson as to why you are a defendant in this case, and what will result. However, as a matter of law, you cannot just record liens on property because you think you are owed money. Thus, I am not sure what you did, and how you did it. The problem is that there is a statute of... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: The selling agent of the house we were going into contract with had prior knowledge of a lien and did not disclose

PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the... Read more »

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

No. The agent is not your agent. The contract will govern what happens. I am sure if drafted correctly this must be cleared at closing, or seller is in default.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Are LLC membership interests in New York have to go through probate when the member dies?

In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?

Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 28, 2022

Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.

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... Read 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... Read 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... Read more »

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 »

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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