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Questions Answered by Michael David Siegel
1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Was sold counter. goods through google pay, disputed it, and was told no case or invest. would be opened. no help given

I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... Read more »

Michael David Siegel
Michael David Siegel
answered on May 19, 2022

File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.

1 Answer | Asked in Consumer Law for New York on
Q: I have a summon for a credit card they say I own 1199 but that is not true the card was only 830.

how I do it I don't have money to pay that.

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If you have $830 they will take it. Call the plaintiff lawyer and offer $600.

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Business Law for New York on
Q: I have shares in a privately owned company that was just sold unbeknownst to any shareholders. What happens now?

What rights do I have?

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If the sale violated the shareholders agreement or bylaws you can sue the people who did the sale.

2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Michael David Siegel
Michael David Siegel
answered on May 12, 2022

It depends on what any shareholders agreement or bylaws says.

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2 Answers | Asked in Estate Planning for New York on
Q: 3 children are on will for dad's estate 1 has passed on with no will of his own is his daughter entitled to his part

My dad who is still alive doesn't want her to have anything to do with will or benifit

Michael David Siegel
Michael David Siegel
answered on May 11, 2022

Depends on the terms of the will. If it says per stirpes, then yes she gets it. Just amend the will to make it clear, or deed the house now to remove all doubt.

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1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

Depends on how the deeds are drawn. Only if she is a tenant in common.

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1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: What can I do?My NY buyers attorney drew up sales paperwork stating that my buyer made an Ernest deposit when he didn’t.

My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... Read more »

Michael David Siegel
Michael David Siegel
answered on May 6, 2022

Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.

2 Answers | Asked in Probate for New York on
Q: My mother has a will filed in Erie county ny She has passed away in a nursing home . She has no outstanding debt of any

Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty... Read more »

Michael David Siegel
Michael David Siegel
answered on May 4, 2022

You do not need a probate. Just close the account as you stated.

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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Can my parents gift equity of the home we are buying from them to our son as well?

My husband and I can get gifted $16,000 each and from each parent without triggering any gift tax. The total gifted equity amounts to $100,000. If we can include our son as well then we could have $96,000 untaxed.

Michael David Siegel
Michael David Siegel
answered on May 4, 2022

You are missing a key concept. There is a unified credit. There is no gift tax on any amount in this range. You are mixing lifetime giving with annual giving. If you have no idea what I am talking about, get a good lawyer or accountant for whatever you are doing.

1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: i signed a contract for purchase of a dog but the vaccines included in the contract the dog never received nor paperwork

So now i must pay as well as find paperwork for the dog and his vaccines that were never given but stated in the contact what should i do

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

You can bring a small claims suit for your costs.

1 Answer | Asked in Consumer Law for New York on
Q: I received notice that a judgment against me has been awarded to a debt collector - was unaware I was being sued.

Money has been placed on bank hold in my account with an additional charge of $150 for legal fees. I am unfamiliar with the debt listed on the notice. What are my next steps to get the judgement vacated?

Michael David Siegel
Michael David Siegel
answered on Apr 26, 2022

You need to make a motion in the court that entered it. You will need to show why you were not served and have a defense to the debt.

1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

File the will and petition for probate of it.

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1 Answer | Asked in Real Estate Law for New York on
Q: i pd for an appraisal and I never got it, she told me she sent it to my atty. I dont have an atty. and she wont send it.

i needed one so i had to pay someone else $650. now she wont anwser my calls

Michael David Siegel
Michael David Siegel
answered on Apr 22, 2022

You can bring a small claims suit.

1 Answer | Asked in Estate Planning for New York on
Q: I have a question about if one beneficiary can or cannot sue another beneficiary of an estate.

There are 5 beneficiaries ( I will call them B-1,2,3,4,5)in our parents estate. I am one (B-5) and also the executor. B-1 & B-2 sued me for breach of duty. 9 years of court hearings finally came down in the judge finding no fault in me as executor and dismissed all charges.

The estate... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 18, 2022

It is not a suit by beneficiaries. You can bring a petition to surcharge the share of the one bringing the suit for the legal fees before you distribute. But, this will be another round of litigation.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I missed the 30 days for a appeal in Smalls claims court. What can I do?
Michael David Siegel
Michael David Siegel
answered on Apr 16, 2022

No. These deadlines are absolute.

1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

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