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Questions Answered by Michael David Siegel
1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: SELLER and Buyer sign Purchase Agreement for sale of real Estate. Seller dies prior to executing Deed.

Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

Yes it is. But, it depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I asked a question regarding legal living space before but I think I left put some details

I am closing in the sale of my home. I work at the town office in the assessing department and so I am familiar with glitches that can happen with open permits etc. I am selling a Victorian home built in 1890 which has an unheated attic with sheetrocked walls and newer windows. The attic was this... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

I have not seen your contract or listing. There is likely nothing wrong with an attic with no windows if it is not a living space. If the contract or listing represented that it was a living space, that is your problem. It is not the house that is in violation. It is the way you are using it... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I am looking for case law on disputes between homeowners and building departments in NY

My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a... Read more »

1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

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

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

1 Answer | Asked in Real Estate Law for New York on
Q: In the process of buying a home and sellers attorney isn't responding to calls/emails. What next?

The sellers lawyer has been minimally responsive to our lawyer in this transaction. The other lawyer waited 6-7 weeks before ordering the title update, and we just found out there are 2 liens that weren't properly discharged. My attorney is emailing every other day and giving explicit details... Read more »

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

You have a lawyer, so that person is closest to the situation. It may be the seller cannot convey clean title, in which case, assuming you used the form contract, they can get out of the deal. If that is the ultimate result get out now. You can sue to enforce the deal, but honestly, it is not... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Can you sue someone who broke a contract on a private sale of a house.

They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... Read more »

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

If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.

2 Answers | Asked in Business Law for New York on
Q: How do I transfer legal ownership of my business from me to someone else

Operating in NY

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

Depends how you own it now, and what deal you have struck for the transfer.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Are suspended lawyers allowed to prepare bankruptcy petitions in nj
Michael David Siegel
Michael David Siegel answered on Oct 4, 2021

Although I would not use a suspended lawyer for anything, a suspended lawyer can be a paralegal, and as long as they list themselves as a petition preparer, which is allowed and requires a separate form, that would be OK.

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2 Answers | Asked in Estate Planning for New York on
Q: I am on medicaid in NY. My son and I are on deed. Is it to late to take my name off deed to avoid an estate recovery
Michael David Siegel
Michael David Siegel answered on Sep 27, 2021

It may not work, but it is better to not be on the deed than be on the deed.

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1 Answer | Asked in Estate Planning, Contracts and Business Law for New York on
Q: My contractor for remodeling my home never give us a CO can we file a report it been 8 years.

My parents brought a house and got a contractor to remodel it from a single-faimly home to a multi-faimly. They got the remodeling done but never give us a CO certificate we been trying in touch for about 9 years and he been avoiding the situation and never really explaining what is going on. What... Read more »

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

You need to have an architect file for this change. A contractor cannot do it. In fact, doing this work without the proper filings may mean that there are open violations and permits that are bigger issues.

3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Michael David Siegel
Michael David Siegel answered on Sep 22, 2021

You should have a lawyer. There are recording fees of a few hundred dollars. I charge $500 plus the recording fees. You need a deed and tax forms.

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1 Answer | Asked in Estate Planning for New York on
Q: How do I know if a lawyer is mishandling an estate case? Person passed away in 2015, still not settled.

My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec... Read more »

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

Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.

2 Answers | Asked in Bankruptcy for New York on
Q: Need a response for answer on complaint

Plaintiff does not seek an award of attorney fees contractual or statutory interest after the date of charge-off including any poor judgment interest and expressly disclaims any right it may have to the same

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

You chose bankruptcy as the category. I do not understand your question, and would need to see the document about which you are inquiring.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Private house Section 8

I would like to know If I should hire a lawyer.

I am on Section 8 and I live in a private house. The house I live in was sold, the new owner has been harassing, intimidating me and now he says he wants to evict me because I complained to the city. I have a year lease that was put in place... Read more »

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

Call 311 and report these violations. The City will be on this immediately.

1 Answer | Asked in Construction Law and Contracts for New York on
Q: Is a hand written contract to terminate another contract legally binding?

I had a contract with a home builder to build a house but things went bad. I asked to walk away and the builder agreed to terminate the contract in exchange for some money which I paid. We didn’t use a attorney but wrote up a simple agreement and signed it. Am I clear of the builder’s contract now?

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

Depends on what you signed. The concept that a handwritten amendment can modify a preprinted form is true.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can you sue your landlord for moving expenses due to uninhabitable conditions?

can you sue your landlord for moving expenses due to uninhabitable conditions such as creating rodents, electrical conditions, no hot water, and stirring up asbestos by doing illegal renovations to a house? dust was all over the place. (breaking of walls) ( I had the items tested, it contains... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 7, 2021

It depends on the terms of your lease. But in general, likely yes.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: My dad passed on August 20 2021 and my mom passed on June 27 2021, i live in my dads house and have since 1995 this has

been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »

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

It depends what the deed says. If it was your dad's house alone, then your step siblings with the same father share equally to you, and they can ask that the house be sold. You should become administrator of his estate to gain control of the process.

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1 Answer | Asked in Real Estate Law for New York on
Q: I am a homeowner in Brooklyn NY who has a deck that does not have a permit. Can I remedy this situation after the fact?

Due to the recent storm my neighbor is complaining thar I flooded their basement due to improper drainage.

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

Yes. Find an architect willing to amend your certificate of occupancy and file for the permit, and then close it.

1 Answer | Asked in Banking and Real Estate Law for New York on
Q: My spouse passed away. Both names on mortgage. My name primary. Do I need to change the mortgage contract?
Michael David Siegel
Michael David Siegel answered on Sep 3, 2021

No. Just keep paying. If you are both on deed, same answer. If not, you may need to do an estate proceeding.

2 Answers | Asked in Estate Planning for New York on
Q: If three out of four heirs agree to a cash offer for apprised value of house does the fourth have to as well?

The fourth heir wants to put house on market to see if a bidding war would happen to maybe get a few thousand more as where the other three are willing to take the garunteed cash offer at apprised value. Can the executor accept the cash offer or do all have to be in agreement

Michael David Siegel
Michael David Siegel answered on Sep 1, 2021

Depends on the discretion of the Executor in the will based on the terms of the will.

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