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Questions Answered by Michael David Siegel
5 Answers | Asked in Bankruptcy for New York on
Q: Am I entitled to any of the remaining balance of my house after it sold after my bankruptcy?

I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.

Michael David Siegel
Michael David Siegel answered on Feb 15, 2021

You would be unless you had other creditors. The trustee would have paid all the creditors and then if anything was left, paid you. There should have been a final report in the case.

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2 Answers | Asked in Probate for New York on
Q: My 91 yr old 1st cousin once removed passed on 1/31. No spouse. No children. My brother and are are the beneficiaries.

I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.

Michael David Siegel
Michael David Siegel answered on Feb 14, 2021

Yes. As a post deceased beneficiary, your brother's estate would inherit. The will could have a provision dealing with deaths in close proximity, but if not, your brother inherits.

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2 Answers | Asked in Estate Planning for New York on
Q: My aunt passed away yesterday and she owns a house. She never married nor had children. The only living sibling is her

Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico

Michael David Siegel
Michael David Siegel answered on Feb 14, 2021

This is a matter for a Puerto Rico attorney to handle.

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2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?
Michael David Siegel
Michael David Siegel answered on Jan 24, 2021

The short answer is yes, anyone needs to be evicted by court order. There is no self help lockouts in residential cases. However, the issue will turn on why your spouse is in the property, and whether your spouse claims ownership in it.

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1 Answer | Asked in Real Estate Law for New York on
Q: Does an attorney representing the buyer in a sale of a house in NY State have a duty to ensure that the deed is recorded

by a title company?

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

No. Recorded yes. By a title company, no.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Michael David Siegel
Michael David Siegel answered on Jan 13, 2021

The contract governs your deal. Whatever it says about the property governs.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Michael David Siegel
Michael David Siegel answered on Jan 11, 2021

Because the money did not add up to pay off the arrears, or your surplus of income was higher to pay it faster. The question is why were you in Chapter 13 in the first place, and whether you should re-file, or do a modification in state court.

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1 Answer | Asked in Probate for New York on
Q: Does priority debt come first in terms of sold property?

If a co op of a deceased persons estate is the type of co op which can only be handed back to the company and one can not sell it themselves or rent it themselves. Will the company be forced by the law to release all funds gotten from sale and allow the debts of the estate to be paid in order of... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 11, 2021

You will need to get Voluntary Letters of Administration to collect this asset, unless there is more to the estate. The funeral must be paid by someone, who will get reimbursed by the administrator.

2 Answers | Asked in Real Estate Law for New York on
Q: I live in NY and want to pay off private mortgage early.

Mortgage has 8 years left and the mortgage holder says, I have to pay all the interest on it, as if, I were to take the 8 years left to pay? I believe this is wrong and possibly illegal? Please advise.

Michael David Siegel
Michael David Siegel answered on Jan 8, 2021

Whatever the document says governs. A prepayment penalty is not illegal. A Federally insured residential mortgage cannot have one, but it is not illegal.

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3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »

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

Anyone can sue anyone if they pay the fee. Thus, the question is do you have a defense. It depends on what the form says. Assuming it is a true general release form, you should have a complete defense.

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: Can a bank hand over a newly opened checking account to a collection agency for a debt that is past the SOL ?

I don’t think the debt is mine and I believed I tried to dispute it off my report a while ago . I called Capital one bank to see why my New business debit card wasn’t here and they forward it to the collection agency . I don’t ever remember having any debt with capital one . My money is still... Read more »

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

It sounds like you are confused. To freeze an account there must be a judgment. The judgment lasts for 20 years in NY. The statute of limitations refers to the time to bring the initial case to get the judgment. To vacate a judgment you need to make a motion in the court that entered it. These... Read more »

1 Answer | Asked in Antitrust and Collections for New York on
Q: Hi I had procedure done for wrinkles at perfect body lazer did not go back for the other one they are scam they want

they want you to wait to see the results in 7 months the first procedure was 5,000 which I paid and also sign in for the other one at the same time I did not want to go back after 7 months I did not see any results the other procedure was 5,500 now the credit company that gave me the loan is... Read more »

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

You have a defense to the claim, and you can bring the laser provider into the case. This is not a case where you get extra money for personal injury, etc., so we are just focusing on the $10,500 payment.

2 Answers | Asked in Real Estate Law for New York on
Q: Property in NYC, there are 3 beneficiaries in the family, equal parts-myself, mother and brother. I am the executor of

The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale,... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2020

Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: How can I compel an estate to reimburse me for final expenses that I paid?

My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... Read more »

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

The release is not unusual. If you have no claims other than the one being paid, there is no downside to signing it. Depending on the amounts we are talking about, it may not be worth moving to compel payment without a release.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: A friend of 40 years died in NYC recently & has no known family, who is eligible to oversee his estate administration?
Michael David Siegel
Michael David Siegel answered on Dec 3, 2020

The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 2, 2020

You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.

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1 Answer | Asked in Probate for New York on
Q: Is there a timeframe in which you must probate a will? Thank you.
Michael David Siegel
Michael David Siegel answered on Dec 2, 2020

yes and no. YEs, but you can file an affidavit explaining the delay after a certain point. These are almost always sufficient to make deadlines unlimited.

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 2, 2020

I am unclear on the procedural history. Why was there a mediation. That implies there is a case in a court. Your options turn on where you are in court.

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