Questions Answered by Michael David Siegel

Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold

1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Answered on Sep 21, 2018
Michael David Siegel's answer
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.

Q: Can real property be transferred intestate (death 5 years prior) by surviving issue without probate to one issue?

1 Answer | Asked in Probate and Real Estate Law for New York on
Answered on Sep 20, 2018
Michael David Siegel's answer
A quitclaim deed is not the way to go, but if all issue sign a proper deed, you can do it without probate or administration.

Q: John owned a home with his father in law as joint tenants iN common. His father in law died, no will, And then john died

1 Answer | Asked in Estate Planning for New York on
Answered on Sep 20, 2018
Michael David Siegel's answer
It depends on the language of the deeds. Without reviewing anything, your latter analysis seems correct.

Q: Is there a way to find out if there's a medicaid recovery claim against my mother's estate?

1 Answer | Asked in Probate for New York on
Answered on Sep 19, 2018
Michael David Siegel's answer
Generally, Medicaid only makes a claim if there are assets. As no estate was ever formed, Medicaid would assume no recovery. There is no statute of limitations on the claim, if you form an estate for some reason. If there were never any assets, forget it.

Q: A used car dealer marked the price of the car up after I signed the contract, is this legal?

1 Answer | Asked in Contracts for New York on
Answered on Sep 19, 2018
Michael David Siegel's answer
If you signed it at the higher price you are going to have a hard time undoing it. If they wrote in the new number after you signed that is illegal, but unless you have a copy with a different number, you will have issues.

Q: What is the timeline for vacating a residence where I am the sole caregiver for my parent with dementia after he is gone

2 Answers | Asked in Family Law, Real Estate Law, Elder Law and Landlord - Tenant for New York on
Answered on Sep 19, 2018
Michael David Siegel's answer
It depends on your father's will, if any, and who gets the house after he is passed. You will have time to move, as you would have to be evicted like any holdover tenant in court, in the worst case scenario.

Q: I was just married and we would like to have me added to deed of property. How do I go about doing this?

3 Answers | Asked in Real Estate Law for New York on
Answered on Sep 19, 2018
Michael David Siegel's answer
The owner makes a deed to the new owners, and it is filed with the accompanying forms, which vary by county.

Q: credit card is suing me. Can i still file for bankruptcy

3 Answers | Asked in Bankruptcy for New York on
Answered on Sep 17, 2018
Michael David Siegel's answer
Yes, in fact that is when most people do it.

Q: I rent a space to a commercial tenant who owns a business. Every year he has state tax warrants and federal tax liens..

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for New York on
Answered on Sep 14, 2018
Michael David Siegel's answer
First, using the address is proper. That is where the business is located. Second, it is not normal to never pay taxes on time, but millions of people do not. The only negative impact would be if the business were seized for non-payment, which apparently never happens.

Q: Is my birth certificate valid proof of adoption for a property dispute? Sealed documents in my state.

2 Answers | Asked in Adoption and Real Estate Law for New York on
Answered on Sep 13, 2018
Michael David Siegel's answer
Your birth certificate proves that you are not a sibling. You need proof of adoption to be considered a sibling. These records are not sealed to you.

Q: My ex was supposed to take over the house (mortgage, deed -both solely in my name) effective with the divorce

1 Answer | Asked in Divorce, Real Estate Law and Foreclosure for New York on
Answered on Sep 13, 2018
Michael David Siegel's answer
It is a divorce question, not a real estate question. Your decree governs and remedies are in that case.

Q: My landlord is trying to sell the 3 bedroom apt I've lived in for 4 + years. I currently sublet the two other bedrooms.

1 Answer | Asked in Contracts for New York on
Answered on Sep 12, 2018
Michael David Siegel's answer
The matter is governed by the lease you have, and the rules of the building, which must be a coop or condo.

Q: Are lenders now pursuing residential foreclosures in federal court in New York due to diversity jurisdiction ruling?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Sep 12, 2018
Michael David Siegel's answer
They are doing it to accelerate the timeline, especially in counties that are very slow. Diversity jurisdiction allows them to do it.

Q: Need advice on signing an agreement to split the benefits of a buyout of a medical malpractice provider I used

3 Answers | Asked in Business Law, Employment Law and Medical Malpractice for New York on
Answered on Sep 12, 2018
Michael David Siegel's answer
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?

Q: ADD PEOPLE TO HOUSE DEED

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 11, 2018
Michael David Siegel's answer
If you are the owner, you can convey the property to whomever you want. I charge $800, including the filing fee, to do a deed and the accompanying documents, which must be signed by the old owner and new owners.

Q: Can a mortgage be discharged if there are still liens/Judgments on it?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Answered on Sep 11, 2018
Michael David Siegel's answer
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

Q: I'm on social security,I want to sell my house as a rent to own.Do I put the security deposit in a trust account?

2 Answers | Asked in Real Estate Law and Social Security for New York on
Answered on Sep 11, 2018
Michael David Siegel's answer
All security deposits need to be in a rent security account. This is the law. Nothing to do with SSD.

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