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Questions Answered by Michael David Siegel
1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: what can i do if someone hasn’t paid in full for a puppy i sold them?

She begged me for the dog and said she can pay $1000 for him now & $1350 later. She then took him to the vet several times because he had diarrhea from the food the vet said she fed him . I told her i will refund her and take him back but she said she will handle everything and now she said... View More

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

A suit of $1350 is small claims. You can sue there.

3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... View More

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2022

File the will and petition for probate of it.

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1 Answer | Asked in Real Estate Law for New York on
Q: i pd for an appraisal and I never got it, she told me she sent it to my atty. I dont have an atty. and she wont send it.

i needed one so i had to pay someone else $650. now she wont anwser my calls

Michael David Siegel
Michael David Siegel
answered on Apr 22, 2022

You can bring a small claims suit.

1 Answer | Asked in Estate Planning for New York on
Q: I have a question about if one beneficiary can or cannot sue another beneficiary of an estate.

There are 5 beneficiaries ( I will call them B-1,2,3,4,5)in our parents estate. I am one (B-5) and also the executor. B-1 & B-2 sued me for breach of duty. 9 years of court hearings finally came down in the judge finding no fault in me as executor and dismissed all charges.

The estate... View More

Michael David Siegel
Michael David Siegel
answered on Apr 18, 2022

It is not a suit by beneficiaries. You can bring a petition to surcharge the share of the one bringing the suit for the legal fees before you distribute. But, this will be another round of litigation.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I missed the 30 days for a appeal in Smalls claims court. What can I do?
Michael David Siegel
Michael David Siegel
answered on Apr 16, 2022

No. These deadlines are absolute.

1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... View More

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

1 Answer | Asked in Estate Planning, Family Law and Probate for New York on
Q: Property's owned by 3member LLC. Upon death of a member, does his spouse have a say or its just other members?

The property is owned by a three member LLC with 5%, 15%, and 85% distribution. Upon death of the member with 5%, what happens to the property? Does his wife have a say in what happens with the property? Does she get any benefits from the property? Can she make decisions on the property? If the... View More

Michael David Siegel
Michael David Siegel
answered on Apr 6, 2022

Depends on the operating agreement. If truly silent, the shares pass to the estate.

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Have private stock in my dad's estate for a family business. Would I pay taxes on the sale?

The person looking to buy is my uncle, he offered 90,000 between my two brothers and I. Would be pay taxes on the 30,000 each. The stocks still in the estate and the offer is to give money to the lawyer who would then write the checks to us and the stocks would never technically be ours. Is there... View More

Michael David Siegel
Michael David Siegel
answered on Apr 3, 2022

As you get a stepped up basis in any inherited stock, there is no tax to you for this sale, if the proceeds are distributed to you.

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1 Answer | Asked in Real Estate Law for New York on
Q: Are signed papers for purchase of a pre foreclosed house I inherited that are missing particulars filled in legal.

I inherited my father's house, it's on pre foreclosure. I just wanted to get rid of it ASAP. Signed papers with a company that said some information in the papers would be filled in later because not all information was obtainable at that time. A month later nothing has been done. Am I... View More

Michael David Siegel
Michael David Siegel
answered on Mar 28, 2022

You were likely scammed. Call the DA and see if they will do anything. Undoing what was done would cost more than things might be worth unless you get help from law enforcement. While I would need to see the papers to know for sure, you probably gave title away, and the papers represent you were... View More

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

Michael David Siegel
Michael David Siegel
answered on Jan 24, 2022

If the service was improper, there is no jurisdiction, so there is no time limit. This is why it is helpful to have a lawyer.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.

as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... View More

Michael David Siegel
Michael David Siegel
answered on Jan 18, 2022

You could bring a claim. The issue is how the "investments" were documented, and how you would prove they are a loan instead of something else.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel
answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... View More

Michael David Siegel
Michael David Siegel
answered on Jan 13, 2022

If she is not living there, she really has no rights.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... View More

Michael David Siegel
Michael David Siegel
answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... View More

Michael David Siegel
Michael David Siegel
answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... View More

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Real Estate Law for New York on
Q: a neighbor asked to help and now he is trying to hurt me I don't know what to do

Hi we needed some construction work in our property and our neighbor saw us and he volunteered to help us at no cost as a friendly neighbor gesture. I accepted and thought that he was really going to help. So i told him what i wanted done and left the property and then kept on asking for progress... View More

Michael David Siegel
Michael David Siegel
answered on Dec 29, 2021

If you never signed anything, you are likely OK. Anyone can sue anyone if they pay the fee. The question is can they win. Here, it seems not likely. Take photos of the alleged work or lack of work so you have evidence to show the court if you need to. If he puts a mechanic's lien on the... View More

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