Questions Answered by Michael David Siegel
Q: Can I record a residential lease (14 month term) in Tompkins County land records?
Landlord may be selling house and I want any buyer to be on notice of and subject to the existing lease.
The short answer is yes. The long answer is that sales are always by law subject to residential leases. You cannot be evicted. Thus, you do not have to record it.
Q: This Stranger took us to court for possession of our house and lost. Judgement was decided against her.
8 months later because she saw boards on our house she stole all the contents, ID's then changed deed to her name. Stranger not heir.
This appears to have civil and criminal components. Call the police to report what happened. Then you can consider suing the person for damages. A deed change requires a Supreme Court lawsuit.
Q: My co-worker significant other died without a will. Who owns their camp? He has 4 adult children.
His brother is trying to say he owns the camp
When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.
Q: Yesterday, May 18th, I went to a local Nissan dealer and did paperwork for a new SUV. No money was exchanged as I am to
return tomorrow with a 500 dollar check so the process to locate my desired SUV can begin. I realized when I got home that the "deal" I was given was no deal at all. I am a diabetic and yesterday my blood sugar levels were so low I could barely think straight. I either want to re negogiate the... Read more »
No. You can cancel in writing. Make sure you write a cancelation and proof of delivery today.
Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?
My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?
You will get more time by virtue of the fact they have to sue you after the notice runs to get an eviction. To get more time, you can adjourn the case. I am talking an extra month or so, not more.
Q: If someone signs a contract to work somewhere for 1 year but after signing, changes it to 2 years but then gets let go
After 13 months what are the legal issues involved.
It would depend on the terms of the contract and the reasons for termination.
Q: Can someone tell me what this says in non-legalese?
This paragraph appears in my last will and testament:
I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any... Read more »
If there is not enough money in the estate to pay taxes, people who got other property have to pay in proportion to what they got.
Q: my mom passed but left a letter stating my dad gets the house her and a house in alabama is this a legal document
this was not witnessed or notarized meant Step dad they were married 45 yrs
No. But you and your stepdad can work it out between you if you agree. If not, you get half and he gets half, but you need to form an estate.
Q: Stranger has her name on the deed illegally after judgement
Erected a fence recently barring me from entering my own family property
If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.
Q: What should I do with old insurance policies on my grandfather that I found among papers in my parent's estate?
There are three insurance policies, dated 1947, that my maternal grandmother had in which her husband was the beneficiary. In the event of his decease, the benefit would go to her eldest son. That son is also deceased, as are all the other children of my grandmother. However, the wife of that uncle... Read more »
Call the companies and see if they were cashed in. Likely they were. You do not need to show an actual policy to cash in.
Q: What governs a storage unit contract under NY law?
Have a storage contract that automatically renews after 1 yr. Need to cancel contract but landlord doesn't want to release it until October 2019. The contract has been automatically renewing since 2007. There is a clause that contract can be canceled at anytime with 60 days advance notice. Is... Read more »
If the contract has a 60 day notice clause that governs. The GOL is not relevant to this issue.
Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.
She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... Read more »
Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... Read more »
Q: Does a private C Corporation have to issue stock?
I have a small company that's registered as a C corp. Does it need to issue stock? If not, am I still considered the main shareholder?
Someone has to be a shareholder. It is disclosed on the tax return. Thus, your question makes no sense.
Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?
Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order... Read more »
File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.
Q: A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME, WAS SERVED TO HER NIECE WHO LIVES IN ANOTHER STATE(NY), IS THIS LEGAL?
A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME WAS SERVED TO HER NIECE IN ANOTHER STATE (NY).
MY MOTHER IN LAW SAYS SHE DID NOT RECEIVE ANY SUMMONS IN HER STATE OF NJ. SHE DID RECIEVE A LETTER FROM HER MORTGAGE COMPANY STATING HER REQUEST FORM FOR HER "AT RISK STATUS" WAS UNSIGNED SO... Read more »
Is the property in NY or NJ? Either way, answer the summons. You can contest jurisdiction, but the focus should be on saving the home.
Q: Could client still sue me even though he demanded beyond what the contract entails?
Hello.
I work as a ghostwriter. I've worked with many wonderful clients until today. This has never happened to me before.
When we agreed on the contract, I've gave him below my standard price since I was led to believe that the project would encompass a month's work which it did... Read more »
If he pays the filing fee, anyone can sue anyone for anything. The question is if sued, do you have a defense. From your post, the answer is yes. Be sure to answer any court filing.
Q: In NY to probate a will how much of a genealogy is needed? What documents, etc?
There is a clear will leaving everything to six friends. I’ve found that he had five uncles, all dead. He had no communication with any cousins.
Do cousins need to be found? What does the court require?
Honestly, this is not a simple estate. There is a pro se clerk you can talk to in the Surrogate's Court, but in my view you should have a lawyer. Your questions are so broad and so general, it would be like teaching a course in probate. See the clerk. If you still cannot understand what to do,... Read more »
Q: Should Supreme Court be asking parties for their SS# and EIN# to account for distribution of sale funds of property?
In Supreme Court, unprobated real estate of my father's sold by private sale in court partition action. Myself and my brother's estate are beneficiaries/Heirs At Law. Funds are ready to be distributed. The court and its transactional attorney for the sale (Referee died 1-week ago) have not asked... Read more »
No. There is not a requirement to report anything to the IRS and therefore, no requirement to get a tax ID number. The order will state how the checks are cut.
Q: Sellers being difficult about the closing date
I am purchasing a house in NY and i have being clear to close for the last two weeks, however, my sellers have been difficult about providing a closing date. My loan commitment expires on May 30th but they want to close on May 31st. The contract reads that closing should take place on or about... Read more »
It depends on what your contract says about the closing date.
Q: Can I add interest to my uncollected civil money judgment?
The court does it automatically.
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