Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael David Siegel
1 Answer | Asked in Estate Planning for New York on
Q: Real estate was recently sold ( NY )and the beneficiaries were advised that the administrator / executor never obtained

an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

You would need to review with a lawyer/accountant. The answer is in the details.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Tax Law and Education Law for New York on
Q: NYS. Does the school district have the right to look at tax returns of students guardians?

Natural parent moving out of district. Signing over guardianship to the person still living in district. District is asking who will claim child on this years tax return. Does the district have the right to view either parent or guardians tax returns?

Michael David Siegel
Michael David Siegel answered on Jul 20, 2021

Absolutely. That is how they prevent the fraud of a non-resident student trying to get a better school.

1 Answer | Asked in Real Estate Law and Collections for New York on
Q: I have a judgment entered in September 2012 in the amount of $2745 .00 in Niagara County , NY.

Judgement was secured against real property which was sold . Can I seek action against the new owner?

Michael David Siegel
Michael David Siegel answered on Jul 15, 2021

Yes. If what you say is true.

1 Answer | Asked in Real Estate Law for New York on
Q: can i sue my lawyer and closing company for negligence?

During the closing, the closing company was supposed to take the money out the proceed to pay some lien on the house as per agreement. They made a mistake and refund back to sellers. Now i owed than 50000 on the property due to unpaid lien. Can i sue the closing company for for this mistake. I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 10, 2021

To me, the fact the title company denied the claim is the key issue. This is ordinarily a title claim. The "closing company" is usually the title company, so I am not sure what your distinction is. If it is a lien of the seller you can sue them. It would be Supreme Court litigation.... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: Hello. Almost 10 years ago I handed my co-op manager a check for $350 in order to add wife’s name to proprietary lease

He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 9, 2021

The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.

1 Answer | Asked in Probate for New York on
Q: Can you transfer a Deed to property of the deceased parent to her children prior to filing for Probate in New York.

There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?

Michael David Siegel
Michael David Siegel answered on Jul 6, 2021

You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

Michael David Siegel
Michael David Siegel answered on Jul 2, 2021

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Probate for New York on
Q: What is a letter of citation and renunciation and consent to appointment of administrator?
Michael David Siegel
Michael David Siegel answered on Jul 1, 2021

These are actually two forms. There is a waiver and consent, and a renunciation. A waiver and consent applies to the petition filed. If you sign, the petition will be granted. Renunciation is when a named fiduciary in a will does not want to act, and resigns.

1 Answer | Asked in Estate Planning for New York on
Q: Is the estate of the deceased responsible for the maintenance of his/her home or are those inheriting the house?

Before the will goes to probate, what is New York State law?

Michael David Siegel
Michael David Siegel answered on Jun 23, 2021

Those inheriting the house, but while in the name of the estate, the fiduciary needs to keep the beneficiary apprised of expense issues, and the transfer should be done ASAP upon probate.

3 Answers | Asked in Estate Planning for New York on
Q: My mother has Alzheimers. She has a POA document naming me as POA. Can I, as her POA, set up a revocable trust?
Michael David Siegel
Michael David Siegel answered on Jun 11, 2021

If it is usual form of POA, and all the powers are checked, then yes.

View More Answers

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can I revoke a consent from a "waiver of process consent to probate" form I was coerced into signing?

In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 8, 2021

It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.

View More Answers

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Michael David Siegel
Michael David Siegel answered on Jun 3, 2021

The judgment is recorded in New York. It is a lien on real estate the same way a NY judgment would be a lien. For other property, there would need to be a levy by the Sheriff or Marshal, like a NY judgment.

View More Answers

1 Answer | Asked in Probate for New York on
Q: I was willed a parcel of property in NY. I have signed all paperwork, paid taxes & have not received a deed.

Lawyers will not talk to me or return my calls. It has been 3 years is there something legally I can do?

Michael David Siegel
Michael David Siegel answered on Jun 2, 2021

If you know the will says you get it, bring a petition to compel distribution. While not a form, this is basic work.

2 Answers | Asked in Collections for New York on
Q: can a money judgment be enforced after 10 years if not renewed? Can a judgment be renewed after 10 years?
Michael David Siegel
Michael David Siegel answered on May 31, 2021

1. Yes. NY judgments are good for 20 years. 10 years is as a lien on real estate. Yes, it can be renewed.

View More Answers

2 Answers | Asked in Probate for New York on
Q: Do I have rights to money my co-power of attorney sold before my mother died

My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »

Michael David Siegel
Michael David Siegel answered on May 30, 2021

You can sue your sister on the power of attorney. You should also petition to be administrator of the estate to gain control of it.

View More Answers

1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This has two elements -- an Education element and a divorce element. If the divorce decree allocates how education decisions are made, then it governs. You may need to make a motion in the divorce case if the issue is unclear. As to education law, the kid must go to school in the district where... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.