Questions Answered by Michael David Siegel
Q: Does sweat equity count when there is a call to capital?
It depends on the formation documents. If this is an LLC it is the operating agreement. If a corporation it is the shareholders agreement.
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?
Answered on Jan 12, 2019
Q: My mother passed away due to illness. She had no will but had personal belongings that she wanted her children to divide
Not a lot. Unless these items are titled in some way, your brother will say they were gifted to him prior to death, and you have little to say against it.
Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.
Q: I have a civil judgement on me and I have no income. If I file taxes with my wife filing jointly can it be taken?
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.
Q: My father passed away over 20 years ago. It was recently discovered that he did not cash some of his pension checks
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.
Q: What happens if you buy or sell a property and the bathroom count is different than what is listed?
The listing is mere advertising, and does not count for anything. The appraiser for the bank will make an accurate count.
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
Answered on Jan 8, 2019
You have to answer but unless you said something totally beyond the pale, there is a qualified privilege and the case should be dismissed.
Q: Being sued by my title company, because they failed to research title and had to return money to mortgage company.
You need to respond. The defense depends upon the issue, which you did not disclose.
Q: Using CA Small Estate Affidavit to settle father's CA estate. How do we do NY Ancillary Probate for vacation home in NY?
Next of kin needs to petition for ancillary administration. Based on location of property, you may need a petition to sell it on top of petition for the ancillary letters. Can you do it yourself? Legally yes but if you do not understand the process, you are going to screw it up. You can repair your own car transmission too, but I use a mechanic.
Q: student loan forgiveness
Answered on Jan 2, 2019
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?
Answered on Jan 2, 2019
Q: about a stock purchased
Answered on Jan 2, 2019
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.
Q: regarding student loan
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.
Q: I am looking to transfer a property owned by a non profit to another non-profit how would i be able to do that?
It requires court and attorney general approval. There is a special proceeding to bring. Do what a title company requires.
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.
