Questions Answered by Michael David Siegel

Q: My dad just passed. My sister and I are willed equal amounts in his will incl 60k equity . Do we need to go Probate

2 Answers | Asked in Probate for New York on
Answered on Dec 14, 2017

You need to do something -- either a probate or administration, which would give you the same thing based on your post.
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Q: How to appeal a granted default judgement while my motion to vacate was denied at the same time based on paper?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for New Jersey on
Answered on Dec 14, 2017

File the motion again but put more information in it. Also do it as order to show cause.
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Q: Is real property included in estate?

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 13, 2017

It depends on the language of the deed.
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Q: Can I withhold rent if landlord took 14 days to replace a boiler and I had no hot water or heat in December?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Dec 13, 2017

You cannot withhold rent without a court order. You should have called 311 for an emergency repair when it happened.
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Q: What issues do I face living in a house whose deed is under my deceased great grandmother? What are my options?

1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Small Claims for New York on
Answered on Dec 13, 2017

I think I responded to you already, maybe on another site. You have many issues to deal with, and time is not on your side. There is no cheap way out of this as clearing title is a formal process.
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Q: Can two sole proprietors (not married) operate under a single Certificate of Assumed Name without becoming partners?

1 Answer | Asked in Business Law for New York on
Answered on Dec 12, 2017

Partnerships can be formal, or implied. Under your scenario, I think partnership is implied. Set up a corporation and do a shareholder agreement to express what your issue is.
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Q: My mother died in New York, but owned mineral rights in Texas. Do we need to start the probate process in Texas as well?

2 Answers | Asked in Probate for Texas on
Answered on Dec 12, 2017

It is a matter of TX law. You definitely need an NY proceeding. If you need anything in TX, it is called an ancillary proceeding.
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Q: I filed a chapter 7 and do not want to keep the home. Was I suppose to include the Foreclosure Court on mailing matrix?

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Dec 11, 2017

You were not supposed to include the court. You were supposed to include the bank's lawyer in the case. Send the Notice of Filing to them as you proposed. The matter should be stayed until your case is over.
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Q: Can I request a copy of estate papers without the other parties being notified?

2 Answers | Asked in Estate Planning for New York on
Answered on Dec 9, 2017

I do not fully understand the question. If you mean can you go to the court and copy the file, the answer is yes.
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Q: How long am I obligated to hold on to closing documents from a sale of a home?

1 Answer | Asked in Real Estate Law for New York on
Answered on Dec 9, 2017

You do not have to have these documents. Just write a letter as you said, and do not appear.
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Q: We have a $160K in escrow for 3years, wondering how can we have the funds released.

2 Answers | Asked in Real Estate Law for New York on
Answered on Dec 9, 2017

That is absurd. Your lawyer should have dealt with this. Hopefully you were not scammed and the title company still has the money in an escrow. Under the terms of the escrow you probably have to just get a release of lien from AMEX. Not a big deal.
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Q: Can me and my wife kick my sister out of the house if she is 18 and not paying rent?

1 Answer | Asked in Family Law, Civil Litigation, Landlord - Tenant and Small Claims for New York on
Answered on Dec 8, 2017

You have many problems here. First, you cannot "kick" out anyone. You need a court order. You cannot get a court order in landlord/tenant court as you are not the owner. The owner is dead. You need to make an estate for the owner, and get the house in your name. As this is three generations back, you will have to notify all next of kin, which may be many people. Your sister that you want to kick out owns as much of the house as you. Then, they are entitled to a share of the house. You...
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Q: IS a real estate management company OBLIGATED to inform tan individual of when a property is sold and equity is due?

1 Answer | Asked in Civil Litigation and Real Estate Law for New York on
Answered on Dec 6, 2017

How could your apartment be sold without you consenting? Did you refuse to buy it in a privatization?
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Q: My mother passed and has a home paid in full. My dad is deceased, also. There are ten children. Who gets the property?

1 Answer | Asked in Real Estate Law for New York on
Answered on Dec 6, 2017

All ten of you. Best result is for one to be appointed administrator and to sell the property and divide proceeds 10 ways.
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Q: New owner raised my monthly rent payment on 40%. How can I protect my family from such arbitrariness?

1 Answer | Asked in Consumer Law and Landlord - Tenant for New York on
Answered on Dec 6, 2017

If it is rent stabilized or controlled, this is illegal. If it is not, and you have no lease, then any increase is allowed.
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Q: i want to know what dose it mean by a condo has a bad finance?is it safe to buy the condo? If not what are the risks?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Dec 5, 2017

You should not buy if the finances are bad. It may undermine re-sale value, and cause services to suffer.
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Q: Mom passed no will. Bank froze account for 30 days bank says my sister and I have to both come to bank to collect.

1 Answer | Asked in Banking and Probate for New York on
Answered on Dec 4, 2017

The freezing sounds right. The idea that you both need to come is not right unless you are pay on death beneficiaries.
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Q: Neighbor started moving power/cable from existing easement. They're now divorcing. Can I force completion/end easement

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Answered on Dec 4, 2017

Yes. It requires a lawsuit.
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Q: Is a transfer on death deed recognized in New York State? This seems like a good way to allow an heir to bypass probate.

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 3, 2017

Not in the way I think you mean.
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Q: I would like to know the differences between LLC and S corp

2 Answers | Asked in Business Formation for New York on
Answered on Dec 3, 2017

For a sole owned business, there are few differences. People think LLCs are sexier, but S Corps are fine.
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