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Questions Answered by Michael David Siegel
3 Answers | Asked in Estate Planning for New York on
Q: I'd like to speak with a lawyer about planning for retirement, and estate planning. In NYC Upper West Side.
Michael David Siegel
Michael David Siegel answered on May 5, 2021

Talk to a few lawyers, like you would in considering any professional. The right plan takes an understanding of what you have now, and what you want to happen in the future.

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2 Answers | Asked in Real Estate Law for New York on
Q: When do you file a claim against your title insurance

the title agent made a mistake and forgot to pay one of the lien on the house. As a result, i end up owing 50000 dollar plus interest. can i file claim against the title insurance?

Michael David Siegel
Michael David Siegel answered on May 4, 2021

Yes. It is like any insurance. You have a policy with a number, and in that policy, it will say where to send claims and how to do it.

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1 Answer | Asked in Contracts for New York on
Q: Does withdrawal of an affirmation “unbind” my attorney of his promise to waive fees ?

As stated in my attorneys email, “i will ask the court to release me as your attorney and waive 100% of my bill. it is in your best interest to find another attorney” 

I found an attorney. Now he is holding my file ransom saying: 

“ My research this weekend shows that my... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

I think the first email controls, as you relied on it in getting another attorney. Holding a file for fees is called a charging lien. There are rules governing this.

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

2 Answers | Asked in Real Estate Law for New York on
Q: company's mistake

i closed on a property in dec 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am supposed... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2021

The obligation to pay should be in a one page escrow agreement the title company likely made you sign. This is enforceable and you can take them to court.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can I get back money for down payment on condo placed before the coronavirus?

I signed a contract to purchase a condo in 2019 (before the coronavirus) and put a 10% down payment for the condo. However, after the coronavirus hit, my business took a very hard hit, and I am unable to pay for the amount of the condo. When I had purchased it, the plan was to pay for the condo in... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2021

It depends upon the terms of your contract. However, you need to be a tough guy to make things harder for the seller so you can get some back.

2 Answers | Asked in Business Law and Contracts for New York on
Q: In New York State can two business enter a parking sharing agreement if one of the businesses owns the lot?

Let’s say Business A owns the lot and let’s customers use the lot between 9 am - 5 pm. Business B wants to use the lot between 5 pm and 10 pm for its customers. How could they go about striking an agreement to do this in NYC?

Michael David Siegel
Michael David Siegel answered on Apr 24, 2021

It would be a license agreement. Not too complicated or fancy.

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1 Answer | Asked in Estate Planning for New York on
Q: Can an Irrevocable Trust Trustee be changed if all parties agree? Does it take a consent modification or dissolution?

I’d like to change my Trustee from my cousin to my son, all parties are in agreement but I have an irrevocable trust and am not sure if I can just modify it with a consent modification or if I need to dissolve the whole trust and start a new one. Please advise.

Michael David Siegel
Michael David Siegel answered on Apr 23, 2021

The terms of the trust are relevant, but generally, if all interested parties consent, you can amend it. There is a form for doing this. As it is a form, it is not very expensive.

1 Answer | Asked in Banking for New York on
Q: i send a wire and I enter the wrong account number what can i do ?

and my bank tried to contact that person but the that person ignoring

we send that through Chase to Citibank and Citibank don't went to talk to me

so the bank tell me that is nothing to do

Michael David Siegel
Michael David Siegel answered on Apr 23, 2021

The wire should have been rejected if the name on the account did not match the account number. Are you sure it went through?

2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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2 Answers | Asked in Real Estate Law for New York on
Q: How long does a judgement against investment property last after the debt is no longer reported to credit agencies?

I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.

Michael David Siegel
Michael David Siegel answered on Apr 12, 2021

Judgments remain a lien on real property for 10 years from the date of entry unless extended by court order. If your judgment was entered in 2008, it is likely not still a lien.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My uncle failed to probate his mothers will for his personal gain of use of her property and passed away 7 years later.

My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.

Michael David Siegel
Michael David Siegel answered on Apr 5, 2021

The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.

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3 Answers | Asked in Foreclosure for New York on
Q: My father house has a judicial foreclosure auction he settled with the summons out-of-court the buyer has not bought the
Michael David Siegel
Michael David Siegel answered on Apr 4, 2021

Your question cut off. I do not understand it.

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2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 4, 2021

If you had an escrow agreement, then that agreement will govern. If it is a standard form, then the title company will be responsible and you need to make a claim, like any insurance. Look at your title policy.

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2 Answers | Asked in Estate Planning for New York on
Q: If I put all of our assets into a Medicaid Asset Protection Trust, do I still have any control over those assets?

If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?

Michael David Siegel
Michael David Siegel answered on Apr 4, 2021

Yes and no. It has to be drafted a certain way.

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1 Answer | Asked in Probate for New York on
Q: Do I have to pay my wife’s credit card balances?

When my wife passed away she had credit card debt on cards that were only in her name. She also had life insurance for which I am the named beneficiary.

Can the companies make me use the life insurance proceeds to pay the credit card debts?

Michael David Siegel
Michael David Siegel answered on Apr 2, 2021

The general answer is no. There is a legal theory called the doctrine of necessaries in which they could sue you for certain types of charges, but it never happens if the balances are regular. Take the insurance, report your wife's death, and only do something if they contact you.

2 Answers | Asked in Real Estate Law for New York on
Q: No the house is not in foreclosure what can the notice of pendency turn it into a foreclosure
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

A notice of pendency goes with an existing case. You are not right. Contact a lawyer to view your case.

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1 Answer | Asked in Consumer Law for New York on
Q: If a summons was dropped in my mailbox is it legal? Not mailed, not in an envelope. Just shoved in my mailbox
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

If you get a copy in the mail as well, it is valid nail and mail. Do not ignore it.

1 Answer | Asked in Real Estate Law for New York on
Q: Can my house go into foreclosure when I have a notice of pendency on my property but I have answered the summons
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.

1 Answer | Asked in Real Estate Law for New York on
Q: If my father does not answer the notice of pendency,the perspective buyer can buy the house?
Michael David Siegel
Michael David Siegel answered on Mar 29, 2021

I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... Read more »

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