Questions Answered by Michael David Siegel

Q: hello, if someone was name an executor of a will but the house in the estate was left to two nephews and not the

2 Answers | Asked in Estate Planning for New York on
Answered on Aug 18, 2017

Until deeded out, the executor must pay all bills and manage the property.
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Q: Q: IN NEW YORK STATE COUNTY OF KINGS WHO IS ENTITLED TO A TAX LIEN FORECLOSURE PROPERTY SALE SURPLUS?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 18, 2017

Why is there a distinction between the owner on the auction date and the notice of pendency date. The owner whose rights were foreclosed gets the surplus if there are no other claimants.
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Q: Filed bankruptcy petition in may, earlier in the day of auction of house. Was told automatic stay would be done.

3 Answers | Asked in Bankruptcy for New York on
Answered on Aug 18, 2017

Did your lawyer tell the referee of the filing? If no, the sale would have gone forward and you will need to notify the parties now. Was there an order in a prior bankruptcy making the stay inapplicable?
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Q: Can my son move out of house he sold and not tell me because I have an interest in it ( I live in extension I paid for)

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for New York on
Answered on Aug 17, 2017

I do not understand. What is the nature of your interest? If not recorded on the title, you have no interest.
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Q: I'm an accountant. A client submitted 3 back taxes. I completed 1 and started work on another. The client wants to

2 Answers | Asked in Business Law and Contracts for New York on
Answered on Aug 17, 2017

Yes. There is a retaining lien for unpaid work.
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Q: My mother father die both left will can I probate both at the same time.After years none of the executor come forward.

2 Answers | Asked in Probate for New York on
Answered on Aug 17, 2017

Yes, you can. But probate will be expensive as you have to serve the named fiduciaries to get "c.t.a" powers. If you are the only heir, consider an administration instead.
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Q: Can I prevent my husband from filing for bankruptcy? Does he need my permission in order to do so?

3 Answers | Asked in Bankruptcy for New Jersey on
Answered on Aug 17, 2017

He can file alone. Your household income will be disclosed, but his filing should not impact your credit score significantly.
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Q: My mother just away away.My sister had the Power of Attorney for my mother.Under 5-1510 Gen Obligations-special proceed

2 Answers | Asked in Criminal Law, Estate Planning and Probate for New York on
Answered on Aug 16, 2017

You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
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Q: My 86 year old mother was raised as Ann, her mothers name-her birth certificate however, is Margaret

1 Answer | Asked in Family Law, Gov & Administrative Law and Public Benefits for New York on
Answered on Aug 16, 2017

Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.
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Q: How do you find out if a house is sold or in contract?

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Answered on Aug 16, 2017

In Patchogue, go to MLSLI.com which is the multiple listing service there.
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Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Answered on Aug 16, 2017

Your father needs to make a motion to vacate the judgment or you need to make a motion to vacate the levy on the account for the basis you said. You said this happened "recently". If it is within a week or two you are OK. It is very hard to get the money back after it is turned over and not just frozen.
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Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)

2 Answers | Asked in Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Aug 16, 2017

You would need to be evicted to be forced to move. In that time, you can sue him and put a lien on the house.
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Q: Leased car and bankruptcy. We co-signed a lease with our daughter in August of 2016. She is the primary payer.

1 Answer | Asked in Bankruptcy for New Jersey on
Answered on Aug 15, 2017

Once the car is repoed, you cannot just start making payments. Chase is right. She is punished for your bankruptcy as she is the only obligor left on the loan.
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Q: Can a law firm file a second motion for summary judgement, 1 year later, based upon an affidavit from an attorney

2 Answers | Asked in Banking and Foreclosure for New York on
Answered on Aug 15, 2017

Can they? For $45 anyone can file a motion for anything. Will they win? Not likely, as attorney affirmations are disfavored.
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Q: Is it legal in NY for the seller to access escrow money with written permission from buyer/seller prior to closing?

2 Answers | Asked in Real Estate Law for New York on
Answered on Aug 14, 2017

Yes, it is legal with the consent of both sides as per the contract.
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Q: Can I open and register a business in New York City without SSN or ITIN number?

1 Answer | Asked in Business Formation for New York on
Answered on Aug 14, 2017

You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
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Q: Me and my wife,who is on her 8th month of pregnancy, has rented apartment in co-op building for 5 months from the...

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 14, 2017

You have no legal right to be there. You can play the Housing Court game and buy yourself a couple of months. You are going to be evicted.
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Q: Customers won't pay me for a shoot I already did. How can I get paid?

1 Answer | Asked in Consumer Law and Small Claims for New York on
Answered on Aug 13, 2017

Small claims. Whether it is worth the effort is up to you.
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Q: A judgment was filed by the attorney general of ny on behalf of SUNY(state university of new york) for unpaid tuition.

1 Answer | Asked in Collections and Consumer Law for New York on
Answered on Aug 13, 2017

Judgments are on the books for 20 years in New York. Ten years is the time they are a lien on real property.
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Q: can an foreign NGO authorized in the state of NY open a bank account with a local bank?

1 Answer | Asked in Banking for New York on
Answered on Aug 13, 2017

Yes. If authorized in New York.
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