Questions Answered by Michael David Siegel

Q: If I file a NY or FL suit to get escrowed funds after seller files a FL suit for same reason, will my suit be dismissed?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jun 28, 2017

You must sue in FL. As a suit is already there, you need to answer and counterclaim in the suit that exists.
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Q: My husband passed away 4 years ago. I am the sole beneficiary of his estate. How do I get checks in his name cashed?

1 Answer | Asked in Banking for New York on
Answered on Jun 28, 2017

You need to form an estate and become administrator.
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Q: In New York if someone has already filed a petition to be administrator of estate, can you file also?

2 Answers | Asked in Estate Planning for New York on
Answered on Jun 28, 2017

Yes. But given the posture of the case, you must object to his and file a cross petition. Having done dozens of these, the court will look to have you serve together unless there is a very, very good argument not to do that.
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Q: if a will was recorded & the beneficiaries signed and agreed do you need a lawyer anymore to disperses funds

1 Answer | Asked in Family Law and Probate for New York on
Answered on Jun 27, 2017

I do not know what "recorded" means. If the executor has letters testamentary, and the funds are collected in an estate account, the funds may be disbursed. However, there are releases usually signed, and a right way to do this for which a lawyer might charge a small fee.
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Q: ex husband filed chapter 7. we still have a couple of joint account. should i file now or wait till his is done

1 Answer | Asked in Bankruptcy for New York on
Answered on Jun 27, 2017

Does not really matter. However, the bankruptcy can screw up the short sale.
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Q: Raising all defenses?

1 Answer | Asked in Foreclosure and Elder Law for New York on
Answered on Jun 27, 2017

Unless you are her guardian or have her authority, no bank will talk to you. It violates her privacy.
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Q: After the lease ends how many days does the Security Deposit need to be returned to tenant legally?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Jun 27, 2017

Whatever the lease says, or reasonable time. Bring a small claims case to get it back.
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Q: Copyright reg: does 'authorship on appl' for 'entire work' protect music and vocals in a motion picture live recording?

2 Answers | Asked in Copyright, Business Law, Entertainment / Sports and Intellectual Property for New York on
Answered on Jun 27, 2017

You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
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Q: Can a royalty deal be considered a partnership if one party owns 100% equity and the other (royalty collector) owns 0%?

2 Answers | Asked in Banking and Business Law for New York on
Answered on Jun 27, 2017

No. A royalty deal is a royalty deal.
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Q: I have an settlement agreement and the address is unknown to the U S P S.

1 Answer | Asked in Contracts for New York on
Answered on Jun 26, 2017

No. You need to perform.
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Q: can i be sued personally by an attorney that was used for our business?

3 Answers | Asked in Business Law for New York on
Answered on Jun 27, 2017

It depends on your retainer. However, this is your defense, so you should assert it.
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Q: How does my family dissolve a family LLC in New York?

2 Answers | Asked in Estate Planning and Business Law for New York on
Answered on Jun 22, 2017

File final tax returns and don't pay the annual fee.
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Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 22, 2017

It is accelerated when the lender deems it to be. The death of the borrower is no issue. Payment is due when it is due.
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Q: See below

4 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Jun 21, 2017

If you have a contract, you can file a case and place a lien on the property so they cannot close with anyone but you. Expensive, but might be worth it.
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Q: What are the laws regarding webcams and "reasonable expectation of privacy". A neighbor wants my nature cam moved.

4 Answers | Asked in Real Estate Law for New York on
Answered on Jun 21, 2017

I do not see a problem.
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Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market

3 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Jun 21, 2017

No. You must have a sales tax ID.
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Q: How much would it cost me to file for bankruptcy if I owe 15,000?and I am not an American citizen. I have a green card

3 Answers | Asked in Bankruptcy for New York on
Answered on Jun 21, 2017

The citizenship status is not relevant. Fees vary. Call around.
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Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?

3 Answers | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Jun 21, 2017

Yes you can sue. As it is an NYC issue, you can also file a complaint with the Department of Consumer Affairs. There is a form online for contractor complaints.
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Q: My sister broke into home I lived in with my dad who had just died without will and stole items can I have her arrested

3 Answers | Asked in Estate Planning for New York on
Answered on Jun 19, 2017

You can make a complaint. Arrests are in discretion of police.
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Q: MY legal residence is my fathers home, the executrix changed the locks while I was at school and now can't return home?

1 Answer | Asked in Estate Planning for New York on
Answered on Jun 19, 2017

Are you in GA now or NY. If NY, you can call the police. If you can prove you live there, it is an illegal lockout, and you cannot be locked out without a court order. As personal items are not titled, you are going to have to come here to stop anything, as the executor will claim all contents are estate's.
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