Questions Answered by Michael David Siegel

Q: If someone died n left money for u in an estate can u authorize the withdrawal or transfer to b in someone else's name

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 30, 2017

You can take your distribution in any manner the executor is willing to do it, as a matter of probate law. When you say "client", if you are a lawyer there are rules that apply. Also, no one based on your post can say what internal rules govern your job.
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Q: Can I include a closely partnered business into my non-compete agreement?

3 Answers | Asked in Business Law for New York on
Answered on Mar 30, 2017

Yes, you can. The issue on non-compete agreements is the hardship to the employee. It must be narrowly tailored to the needs of the business.
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Q: Do I have to sign this contract?

1 Answer | Asked in Contracts for New York on
Answered on Mar 29, 2017

Unless the bird is titled in some way, like a pedigree for a dog, I see no reason to sign anything at this point.
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Q: Friend renting from me (no lease) will not leave. Can I take away his cable box (that I pay for) & change the Wifi PW?

2 Answers | Asked in Criminal Law and Landlord - Tenant for New York on
Answered on Mar 29, 2017

You do not have to provide cable unless it is in lease.
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Q: My parents are deceased, they had land in Tusten County, NY. No will. How can I transfer the DEED?

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 29, 2017

First, Tusten is not a county. It is a city in Sullivan County. Second, you can do the transfer without an estate, and just by making a deed, if you are the only heir at law. Making an estate and getting letters involves more cost, but will make it cleaner when you transfer title again.
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Q: My farthers long time girlfriend (over 40y) passed away. How can I find out if she left me anything from her family?

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 29, 2017

If there is a will, it will be filed with the court, and you are supposed to get notice.
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Q: Father now deceased was the administrator of my mother's estate. My father remarried but I'm looking to become

1 Answer | Asked in Probate for New York on
Answered on Mar 27, 2017

This is not a problem. You have to bring a special proceeding called a "CTA". Call a lawyer to help.
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Q: Can I file a motion for dismissal based of rule 3215 even after I have answered the complaint?

2 Answers | Asked in Consumer Law for New York on
Answered on Mar 26, 2017

No. But you can move for summary judgment if that is appropriate.
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Q: Can older brother who has been out of his mothers life for over 15 years.. When she has dementia in nursing home.

2 Answers | Asked in Family Law, Elder Law and Estate Planning for New York on
Answered on Mar 26, 2017

I cannot follow this post. You are switching between first and third person is a way I cannot tell which brother is which. Once there is a guardianship, the guardian will be able to recover lost money.
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Q: We are interested in buying a house where a lien that was a part of a default judgement

2 Answers | Asked in Foreclosure for New York on
Answered on Mar 24, 2017

The owners. However, you should be getting title insurance. The title company will tell you how the deed should go. You really should have a lawyer for this, as the issues can be complicated.
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Q: granted for answer

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Answered on Mar 23, 2017

Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
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Q: I am being called by collectors at all hours (like at 4 in the morning sometimes). I want to file a complaint for an

2 Answers | Asked in Collections for New York on
Answered on Mar 23, 2017

You can't, which is why these cases are hard.
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Q: Does each owner of a business need to have their name on the initial formation docs or can they be added on later?

2 Answers | Asked in Business Formation for New York on
Answered on Mar 23, 2017

People can be added later, but without any stock or evidence of ownership, what do you have?
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Q: How can I place a lien against someone who owes money from a small claims judgment?

3 Answers | Asked in Civil Litigation and Collections for New York on
Answered on Mar 21, 2017

It depends on where you got the judgment, which your post does not say.
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Q: Is there any reason I wouldn't be able to file an appeal if I lost at the trial court level?

2 Answers | Asked in Appeals / Appellate Law for New York on
Answered on Mar 18, 2017

As long as you are within the time allowed, appeals are as of right from final determinations. But beware, the deadline to file is absolute.
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Q: My neighbor of 65 year,now 92,has no family and wants to leave everything to me and my 2 brothers (can she?.she

2 Answers | Asked in Banking and Estate Planning for New York on
Answered on Mar 17, 2017

It depends on the bank. A lawyer and bank might do a home visit to confirm the power is really desired. Work with a lawyer to set everything up.
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Q: Deed has 4 family members. One owner wants to be taken off deed, has never lived in NYS. The 3 other members pay taxes.

2 Answers | Asked in Real Estate Law and Tax Law for New York on
Answered on Mar 17, 2017

There are two tax issues -- recording taxes and income taxes. If the deed is for no consideration, there are no recording taxes beyond the fee, and there are no income taxes. If there is consideration, there are ways to deal with this issue to simplify the deed but a lawyer would need to see the last deed and understand the transaction.
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Q: Someone stole my identity - am I able to appeal a credit score that went down because of that?

1 Answer | Asked in Identity Theft for New York on
Answered on Mar 16, 2017

Absolutely. You need to contest any improper entry, put a fraud alert on your reports and make a police report.
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Q: I'm the oldest of three children my father just passed away a week ago and my sister's husband is trying to take control

1 Answer | Asked in Family Law and Probate for New York on
Answered on Mar 15, 2017

Your brother in law has standing which is less than you but if you do nothing then he can act. Apply to be administrator ASAP.
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Q: Thank You for your quick response. So, if the Realtor fails or refuses to submit an offer and/or offers it's perfectly

3 Answers | Asked in Real Estate Law for New York on
Answered on Mar 13, 2017

It is legal to do so.
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