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Questions Answered by Michael David Siegel
1 Answer | Asked in Probate for New York on
Q: My sister died without a will in NYC. I have given all of the necessary documents to lawyer working with administrator.

I have provided all necessary proof of kinship as the only sibling and there is nobody else to contest that I am the sole heir. I have no living relatives. However, I am being asked to prove that my sister never married or had children - which she did not. Will a professional genealogist report... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 3, 2022

You need a better lawyer. This is accomplished with an affidavit of heirship and does not require a genealogical search. Anyone who does this area of the law should know this.

2 Answers | Asked in Real Estate Law for New York on
Q: Wondering if I can take legal action against a seller/ contractor/ flipper after I the buyer waived the home inspection

I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 3, 2022

Nothing. NY sales are "as is" unless you modified the contract both to account for conditions and for the representation to survive closing. Never waive an inspection.

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1 Answer | Asked in Business Law for New York on
Q: I booked an event space, host called stating she double booked, she ghosted me, do I have a case?

This was a craft fair open to the public. I haven't paid yet as she stated as long as I paid within two weeks of the event which hasn't passed yet. I've already collected vendor fees, did paid advertisement and put in the work to organize everything. If I cancel, I will have to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2022

I do not know what "booked" means to you. If you have a written contract, you can enforce it. If you have a promise on the phone, then you have nothing.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

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

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

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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