Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael David Siegel
1 Answer | Asked in Divorce and Real Estate Law for New York on
Q: Can I force refinance of mortgage, without divorce decree?

Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You have no options. Should have done a divorce decree. You can sue for partition to force a sale, and get the mortgage paid off.

1 Answer | Asked in Banking, Contracts and Family Law for New York on
Q: My neighbor who has no family passed away and my family wants to claim the body. Is there any way to Access her money?

The money would be used to pay for her funeral and what not

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Not immediately for this. You can get it back later.

1 Answer | Asked in Probate for New York on
Q: My aunt died, she had three brothers, one my dad, Richie,who also passed and Uncle john- Alive. Am I entitled to money?

My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be entitled... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Real Estate Law for New York on
Q: We are buying a 5 acre lot that’s next to our home. Should we keep it separate or add it to our primary address?

We are purchasing this 5 acre lot that’s attached to our primary address. Part of the lot is residual. Our primary house has two acres with it that is residual and assessed for $42,000 just the land not the house. We don’t know if this will be our forever home and want to make a wise decision... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You are conflating real estate law, real estate tax law, and income tax law in a way that is creating an issue that is not an issue. If the adjoining land is a separate tax lot, you will pay two tax bills. You can consolidate tax lots, but the cost of doing so will outweigh the extra 50 cents... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: how to pay judgment and notify court Paid in full with a bond,
Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Am I legally allowed to be the administrator or a co-admin of my grandfather's estate while his son (my uncle) is alive?

My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

You can object. As next of kin, he has priority, but the court can refuse him.

1 Answer | Asked in Collections for New York on
Q: If you pay at least something each month on a loan, can they still garnish your wages
Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Yes, unless you have an agreement to the contrary. Why would you pay anything without such an agreement?

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: I need advice about a partition lawsuit in New York State.

I bought a 2 family house with my daughter. I paid cash for my half and co-signed her mortgage for her half.I want to sell now and she doesn't. If I file a partition lawsuit and we sell do we pay the mortgage and share what's left over or do we pay the mortgage and I keep what's left over since I... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 11, 2019

You pay the mortgage and then there is a Referee hearing on the return of the deposit. You should get a credit for it. But, there are credits of use and occupancy, expenses, etc. , also.

3 Answers | Asked in Estate Planning for New York on
Q: Can I refuse to be a co-executor of my brother’s will before he dies or do I have to wait for the ultimate event?

My older brother has named our younger sister and me as co-executors; my sister and I do not speak and do not get along. I want to avoid the aggravation involved in this. I have asked him repeatedly to name either her or me (I don’t care which one), but I know he will never do this. Is there... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 11, 2019

Ultimate event. But it is fair to let him know now, so he can re-do the documents.

View More Answers

1 Answer | Asked in Probate for New York on
Q: I have a $100,000 Supreme Court Judgement against my ex husband in Nassau County, NY. Plus he was in default of 135,000

$135,000 child support default . He hid his business, etc. His Mom died in 2016 with a Nassau County Will and its still open- leaving him as one of her beneficarie.s He died after her in 2018without a will Her house just sold. I filed papers in Nassau Supreme Court, so my mother in laws attny is... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 7, 2019

Neither attorney is fully right and both are part right. You cannot do this yourself. File a claim in the ex mother in law's estate to buy time. Then get an order from the Supreme Court as the second lawyer said. Also, child support enforcement can help you. Contact the Family Court to get... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Hello,I live in New York and need a power of attorney document drawn up for someone to manage some benefits in Trinidad

Is this something that can be done?

Michael David Siegel
Michael David Siegel answered on Nov 4, 2019

Each jurisdiction has their own forms. While Trinidad may enforce a New York form, you would be better if the work is in Trinidad to use a Trinidad form.

1 Answer | Asked in Real Estate Law for New York on
Q: If the person who sold a house almost 20 years ago dies, and their spouse is also dead, who do we send payments to?

My boyfriend’s parents bought a house in 2001 from a man who was the sole owner. It was not bought from a bank, he was the only owner. He died 6 months ago and his wife is also dead. The problem is there are monthly payments still to be made on the house. The lawyer says he has a son who is like... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 3, 2019

It depends on the agreement you signed, and whether it is recorded. The payment agreement does not "die" but it is unclear to whom you should be paying. Keep the money aside. You owe someone. Also, if you are supposed to get the land, you need to act quickly to make sure your rights are... Read more »

1 Answer | Asked in Collections for New York on
Q: Can someone garnish your wages without prior notification or court proceedings
Michael David Siegel
Michael David Siegel answered on Nov 1, 2019

The government can do it for certain debts like taxes. But, if you are being garnished there is likely a judgment somewhere that caused it.

5 Answers | Asked in Bankruptcy and Small Claims for New York on
Q: Any way to avoid having to show up for a NYC court date for consumer debt which was discharged in bankruptcy?

The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 1, 2019

File your discharge with the court and send a copy to the judge for the hearing. You can do both by mail.

View More Answers

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

View More Answers

2 Answers | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

It depends on what ONE intended to happen.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.