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Questions Answered by Michael David Siegel
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My friend died and left me the house we lived in. I have the will and the death certificate. What do i do next?

Is there a time period in which this must be done?

Michael David Siegel
Michael David Siegel answered on Dec 1, 2020

You must probate the will, and then transfer the house from the estate to you. The fee will depend upon the value of the house and other assets.

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1 Answer | Asked in Banking for New York on
Q: I am being charged a 3500 fee from my bank on a regular basis my account is on lockdown right now and I’m being charged

Each bounced check is costing me 35.00 for each one I have enough money to pay those bills in my account I did not put it on lockdown can they do that

Michael David Siegel
Michael David Siegel answered on Dec 1, 2020

You likely have a judgment and a levy on your account. Call your bank.

3 Answers | Asked in Real Estate Law for New York on
Q: call time is of the essence.

I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?

Michael David Siegel
Michael David Siegel answered on Nov 30, 2020

The standard is 10 days, but the form of your notice must be very clear.

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3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 28, 2020

It depends on whether you are on the deed or mortgage. I am unclear of the "format" of your agreement.

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2 Answers | Asked in Estate Planning for New York on
Q: Executor refusing to reimburse beneficiary the property taxes he paid on behalf of the Estate

Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 24, 2020

The beneficiary would have to file a claim first, and then compel payment of it.

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2 Answers | Asked in Civil Litigation for New York on
Q: Can I sue someone that stole money from me and left me stranded it's been over 4 yrs but the person still acknowledges

The debt they amen to me this summer to talk about it can I still sue since they still acknowledge and promise still to pay me back

Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

Yes. The statute of limitations is six years. But, an oral acknowledgment of the debt does not re-set the statute. Must be written.

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: If the owner of life estate deed dies. Does the beneficiary need to go thru probate to sell the property?
Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

It depends how the life estate is drafted in the deed. In general, no, but not always.

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2 Answers | Asked in Real Estate Law for New York on
Q: Is there a statute of limitations on title liens in NY
Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

Yes, but the dates vary depending on the nature of the lien.

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2 Answers | Asked in Real Estate Law for New York on
Q: I have a weird question. Can closing/real estate lawyer steal broker commission?
Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

Not legally, but logistically it is possible for it to happen, as many brokers do not come to a closing to get their check.

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1 Answer | Asked in Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: statute on probate to heirs garnishment of wages nyc

lone parent passed away own home . no will 5 children . now 1 sibling is being threatened with garnishment of income due to outstanding 100k med bill. instead of placing lien on home. is this a normal ,legal procedure?

Michael David Siegel
Michael David Siegel answered on Nov 10, 2020

No. They must have signed hospital papers as responsible party. You are right. It is for the estate to pay, if anyone.

3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 27, 2020

A leaking roof violates the warranty of habitability. She can stop paying rent. However, the landlord is not responsible for lost business, etc., just the rent. Call the town to issue a violation.

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1 Answer | Asked in Estate Planning for New York on
Q: I am both non-domiciled and a non-resident of CT but wish to make a will applying CT law. Is this possible ?

CT is not my home nor do I intend to make it my home. Nevertheless, its laws, as told by a friend, are well suited to my purpose.

Michael David Siegel
Michael David Siegel answered on Oct 26, 2020

I am not aware of any CT law that is unique in estate planning the way corporations use Delaware law for certain purposes. As you have not stated your purpose, no one could answer your question. The short answer is a will is probated in the court where you reside when you die. So, if you are a... Read more »

3 Answers | Asked in Contracts for New York on
Q: In NYC, Signed agreement with a company without reading everything. Owner info they wrote is incorrect. Can we void?

I signed an agreement on behalf of my company, he put down my info as 100% ownership, my date of birth incorrect, my title as owner, which is all incorrect. I didn't look it over. They wrote in an early termination fee after I signed everything so it was not stated before I signed. We want to... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 23, 2020

If something was written after you signed, that can be challenged. Claiming you did not read something before you signed is not a defense.

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1 Answer | Asked in Estate Planning for New York on
Q: Have trust XYZ living trust Have 4 LLC's single mem. hold title to different real estate- Can u Xfer the LLC to trust?
Michael David Siegel
Michael David Siegel answered on Oct 23, 2020

Short answer, yes. Long answer, this may not be the best estate planning if the values are high enough.

2 Answers | Asked in Real Estate Law for New York on
Q: what are the pros and cons of land lease buildings

i have to move. i saw a coop in my budget but dont want to get into some deal that comes back to bite me in a few years

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

You have to distinguish between a private land lease and a public. The public ones, like Hudson Yards are fine. The private ones should be avoided. There are no pros.

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1 Answer | Asked in Civil Litigation for New York on
Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: is This legal for my dad to keep property and change ownership and then take out loans on houses in my moms sole name?

My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 21, 2020

That is not correct. You need to bring a motion in the Surrogate's Court.

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1 Answer | Asked in Contracts for New York on
Q: Contractor breached contract, causing damages instead of doing the agreed-upon work. How can I get my house repaired?

Contractor took my money, blocked me in my house so that I could not see that they were ripping apart the WRONG part of my house. I escaped, told them to STOP ripping apart the WRONG part of my house, but they refused. They not only refused to to the work as described in the contract, they caused... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 17, 2020

You cannot force these guys to do the work. You have to get the work done by someone else, and then sue the first guys for the damages as calculated by the next person. The issue is collecting a judgment. If the first company was a scam and the people are not real contractors, you might have... Read more »

2 Answers | Asked in Probate for New York on
Q: Can the executor of my aunt's estate come after me for the joint account my aunt put me on years before she passed away?

my brother, one of the beneficiaries of the will, left me a threatening message saying I'm suppose to pay all the expenses from that and that I robbed him!

Michael David Siegel
Michael David Siegel answered on Oct 16, 2020

Short answer -- if she pays the filing fee she can come after you. The question is will she win. This is a more complex question, and depends on many factors, including the reason you are on the account. If it was "convenience", i.e. to help pay bills, etc., then you could have to give it back.

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