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Questions Answered by Michael David Siegel
2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

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4 Answers | Asked in Bankruptcy and Collections for New York on
Q: Hi, if I have judgement against me. Is my tax return garnishable if it's direct deposited into my husband's account?
Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

It is very hard for a creditor that is not the government to take a tax refund. If the bank account is not yours, then they cannot take that either. So, it is a low risk.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Ignore it. She is judgment proof and likely will not owe anything here. She will be sued in the foreclosure to clear title, but she can ignore the case.

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1 Answer | Asked in Probate for New York on
Q: Thanks for responding Michael, It was held by my stepmother and her lawyer.
Michael David Siegel
Michael David Siegel answered on Mar 26, 2020

If you want to hire me to get involved and read the papers you have let me know. Without seeing documents I cannot determine what happened enough to give a legal opinion.

1 Answer | Asked in Probate for New York on
Q: Where can I get information about what’s going on with this. And how do I learn exactly what’s going on.

My father passed away March 17, 2018. He placed my brother and I as the beneficiaries to his NYCERS pension. My stepmother is fighting it, trying to get her elective share which we are ok with, we recently got a letter from her lawyer with a title notice of settlement granting elective share.

Michael David Siegel
Michael David Siegel answered on Mar 26, 2020

A notice of settlement is a proposed court order to be entered after a court hearing. You shoud have been noticed of a hearing. It may be nothing other than granting what you agreed to anyway, but only a lawyer seeing the paperwork could know. Has NYSERS held the money or do you have it?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: NYU students who rents a Village Apartment Impacted by CV19 Pandemic and Closure of NYU Campus

I'm an NYU undergraduate student who rents an apartment with 3 other classmates in the Village a couple of blocks from NYU Washington Square. Due to CV19 pandemic, NYU has recently suspended classes for the rest of the semester and closed the campus and all dorms to students. We rent our place... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 19, 2020

No you cannot terminate. You will be liable for the rent although right now there are no eviction actions allowed. Try to sublet it.

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1 Answer | Asked in Education Law for New York on
Q: my son attends private school and needs tutoring district say s they don't pay for it. private school won't do anything

what can i do ? i cant pay out of pocket. private school wont keep him unless he has a tutor but they dont want to help me in any way

Michael David Siegel
Michael David Siegel answered on Mar 16, 2020

You have two choices. Get an IEP from the school district mandating tutoring paid by the district. Or, leave the private school. Private schools do not have to accommodate you on this point.

3 Answers | Asked in Probate for New York on
Q: My father recently passed away in New York we believe without a will.

My father recently passed away in New York we believe without a will. At least we have not been able to locate one. He left a considerable estate to which myself and my sister are the only airs. We were wondering what we need to do next he had several CDs in three local banks to which total almost... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 15, 2020

You need to petition for administration. The problem is that there may be a delay due to the court closures due to the coronavirus. Check with the banks to make sure there is no beneficiary designation on the accounts.

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1 Answer | Asked in Banking, Car Accidents, Contracts and Small Claims for New York on
Q: I traded my car in, they still haven't paid it off, and it will default on a few weeks. What can I do from here?

Long story short, I traded my car in back in December and it still hasn't been paid off over three months later. In response to one of the answers received: the plates were taken off and registration WAS cancelled. In January, I received a letter stating that the car was involved in an accident... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

When you traded in, you should have taken the plates and canceled your registration. Sounds like you left the plates on, which is your fault, and the part of the scam here.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: Ok we rented a house In center Marichert is the landlord required two months security and a half months we moved into a

Foreclosure notice on the door do we have to pay rent? Is it a fraudulent lease since he didn’t tell us the house was in foreclosure? And is it true that the law change that you only have to pay one month security?

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

The whole thing may be a fraud. The "landlord" may not even own the house. If you paid already, you might call the police.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: No Will. uncle died in New York. No kids. His spouse, Ben, passed. He has a niece and nephew. Who has claim to his asset

His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

I am not getting the family tree. Is it your uncle with the niece and nephew or Ben?

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3 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: Please see the below for details

Hello,

there were recently loans taken out with me as a co-signer listed. My signature was forged by my husband. I do not want to press charges, but is there any legal action I can take against this company since i was never contacted? My credit is now bad because my husband defaulted on... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

You cannot claim a bank fraud and not press charges. Either file a forgery/bank fraud complaint with the police, or be responsible for the loan. Your choice. If you are not willing to press charges and assert the crime in an affidavit to the bank, you will be responsible. Whether you should... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: a person with no relatives or heirs to his estate. no will . was married to my sister.

they finalized the divorce 20 years ago. can she inherit his home

Michael David Siegel
Michael David Siegel answered on Mar 10, 2020

No. Everyone has some next of kin. You just have to find it.

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2 Answers | Asked in Real Estate Law for New York on
Q: I recently got divorce. I want to transfer the ownership of the house to myself. My ex husband granted me the house.

What I should do?

Michael David Siegel
Michael David Siegel answered on Mar 9, 2020

"Granted me the house" is not a legal phrase. Is it in an order of the court? Is it in a deed he already signed? I am not sure where you are in the process to advise where to go. Ultimately, you need to record a decree giving you the house, or a deed signed by your ex.

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2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Is an irrevocable trust created over 5 years ago, subject to the Medicaid 5 year look back rule?

Irrevocable trust was funded with assets 6 years ago.

Michael David Siegel
Michael David Siegel answered on Mar 6, 2020

Likely not. That is the point of such a trust.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I do if I paid a lawer for bankruptcy and they have done nothing, and refuse to answer call or emails?
Michael David Siegel
Michael David Siegel answered on Mar 5, 2020

Call the Bar Association in the county where the lawyer practices. There is a grievance process you can initiate. You can also make a suit for the fees.

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1 Answer | Asked in Banking for New York on
Q: I have paid $ 15000 before and after I had a loan contract. Now I ca n’t connect to this company. What should I do?
Michael David Siegel
Michael David Siegel answered on Mar 4, 2020

Call the New York State Banking Department and see if this is a real company. If not, call the police and/or FBI.

1 Answer | Asked in Real Estate Law for New York on
Q: Can I force my girlfriend by sell a Manhattan condo we purchased 11 years ago ? I moved out 7 years ago.

It has remained her primary address but we had a legal sublet for 3 years.

Michael David Siegel
Michael David Siegel answered on Mar 4, 2020

Yes, by commencing a Supreme Court case called a partition action.

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