Questions Answered by Michael David Siegel

Q: Does sweat equity count when there is a call to capital?

1 Answer | Asked in Business Formation for New York on
Answered on Jan 17, 2019
Michael David Siegel's answer
It depends on the formation documents. If this is an LLC it is the operating agreement. If a corporation it is the shareholders agreement.

Q: My mother passed away due to illness. She had no will but had personal belongings that she wanted her children to divide

1 Answer | Asked in Probate for New York on
Answered on Jan 12, 2019
Michael David Siegel's answer
Not a lot. Unless these items are titled in some way, your brother will say they were gifted to him prior to death, and you have little to say against it.

Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 11, 2019
Michael David Siegel's answer
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.

Q: I have a civil judgement on me and I have no income. If I file taxes with my wife filing jointly can it be taken?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 10, 2019
Michael David Siegel's answer
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.

Q: My father passed away over 20 years ago. It was recently discovered that he did not cash some of his pension checks

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Jan 10, 2019
Michael David Siegel's answer
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.

Q: What happens if you buy or sell a property and the bathroom count is different than what is listed?

2 Answers | Asked in Real Estate Law for New York on
Answered on Jan 9, 2019
Michael David Siegel's answer
The listing is mere advertising, and does not count for anything. The appraiser for the bank will make an accurate count.

Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service

3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Answered on Jan 8, 2019
Michael David Siegel's answer
You have to answer but unless you said something totally beyond the pale, there is a qualified privilege and the case should be dismissed.

Q: If I had a joint account with a parent do I need to go through probate or can I just hand out themoney according to will

1 Answer | Asked in Probate for New York on
Answered on Jan 4, 2019
Michael David Siegel's answer
Neither. If it is a joint account the money is yours. Just take it.

Q: Being sued by my title company, because they failed to research title and had to return money to mortgage company.

1 Answer | Asked in Business Law for New York on
Answered on Jan 3, 2019
Michael David Siegel's answer
You need to respond. The defense depends upon the issue, which you did not disclose.

Q: I am in bankruptcy chapter 13 so why is the mortgage company trying lift the Automatic stay

3 Answers | Asked in Bankruptcy for New Jersey on
Answered on Jan 3, 2019
Michael David Siegel's answer
Did you pay the regular mortgage payments outside the plan?

Q: Using CA Small Estate Affidavit to settle father's CA estate. How do we do NY Ancillary Probate for vacation home in NY?

2 Answers | Asked in Probate for New York on
Answered on Jan 3, 2019
Michael David Siegel's answer
Next of kin needs to petition for ancillary administration. Based on location of property, you may need a petition to sell it on top of petition for the ancillary letters. Can you do it yourself? Legally yes but if you do not understand the process, you are going to screw it up. You can repair your own car transmission too, but I use a mechanic.

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

Q: about a stock purchased

1 Answer | Asked in Consumer Law, Banking, Collections and Stockbroker Fraud for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.

Q: regarding student loan

1 Answer | Asked in Consumer Law and Collections for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.

Q: I am looking to transfer a property owned by a non profit to another non-profit how would i be able to do that?

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Answered on Dec 26, 2018
Michael David Siegel's answer
It requires court and attorney general approval. There is a special proceeding to bring. Do what a title company requires.

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