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Questions Answered by Michael David Siegel
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.... View 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... View More

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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... View 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.

2 Answers | Asked in Real Estate Law for New York on
Q: I own a property in Ballston Spa, NY in joint tenancy with an ex-partner. The property is in foreclosure(2year).

The ex-partner has refused four decent offers in the last year. I've just received the best offer yet, and he is refusing to respond. What legal defense is available if any?

Thank you for your response.

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

I do not know what you mean by defenses. To sell the property outside of foreclosure, you would need a partition action in Supreme Court. If you let it go to foreclosure, and there is a surplus, you will get it. If there is no surplus and this is a short sale issue, just let it go to foreclosure.

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1 Answer | Asked in Contracts for New York on
Q: Can a seller re- list a house if we are in a signed contract to purchase

We signed a contract in January, paid a down payment and expected to close 2 weeks ago but the title company wouldn’t release the title until a problem with the pool was fixed. The seller has now resisted the house and is holding an open house on the property today. As of yesterday the title... View More

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

A seller cannot relist if you have a signed contract. However, you would have to sue to stop a sale to someone else.

1 Answer | Asked in Estate Planning for New York on
Q: All siblings were in parents will. Sibling was not owner of home, which was sold without my knowledge.
Michael David Siegel
Michael David Siegel
answered on May 14, 2021

What did the will say would happen to the house? Who is the executor?

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Michael David Siegel
Michael David Siegel
answered on May 14, 2021

If they forged your name because you are on title, it is a crime. If they had the authority to sell as you are not on title, then you have no issue.

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2 Answers | Asked in Bankruptcy for New York on
Q: in bankruptcy, I am heir to a condo that has arrears in hoa fees and they put a lien on the property. is that my debt?

how do I list this property on my schedules

Michael David Siegel
Michael David Siegel
answered on May 12, 2021

If it is in your name already, you need to pay the liens to keep the condo. You list them as secured debt. If it is not in your name, but will be some day, you list it on the statement of financial affairs.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can my brother change the locks on me and keep me from being inside our home?

My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... View More

Michael David Siegel
Michael David Siegel
answered on May 12, 2021

It may be legal depending on who owns the house now. You said it was passed to you in part, but did not say how you know that to be true, or if you own it now. If you are on the deed, and claim you live there, you can call the police and they will require you to get in. You cannot lock out a... View More

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1 Answer | Asked in Elder Law and Probate for New York on
Q: Mother has passed. My sister wants to be co administrator. Mom lived with me, can my sister enter my home to take items?

My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... View More

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

No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.

1 Answer | Asked in Collections for New York on
Q: How long can a creditor come after me? What is the SOL for a debt judgement? And how many times can it be renewed?

A collector did a credit pull recently, it dropped my score and will be on my report for 2 years. I'm pretty sure my debt was payed by my fathers estate due to a lien on the property that was left to myself and 3 others in my fathers will. My father passed in 2011, that would mean the estate... View More

Michael David Siegel
Michael David Siegel
answered on May 7, 2021

The whole issue makes no sense. You have no liability for your father's debt. A lien on property follows the property. I do not think this collector was trying to collect this debt, unless you were on the card also. The SOL is six years from the last payment. Based on your post, even if... View More

3 Answers | Asked in Estate Planning for New York on
Q: I'd like to speak with a lawyer about planning for retirement, and estate planning. In NYC Upper West Side.
Michael David Siegel
Michael David Siegel
answered on May 5, 2021

Talk to a few lawyers, like you would in considering any professional. The right plan takes an understanding of what you have now, and what you want to happen in the future.

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2 Answers | Asked in Real Estate Law for New York on
Q: When do you file a claim against your title insurance

the title agent made a mistake and forgot to pay one of the lien on the house. As a result, i end up owing 50000 dollar plus interest. can i file claim against the title insurance?

Michael David Siegel
Michael David Siegel
answered on May 4, 2021

Yes. It is like any insurance. You have a policy with a number, and in that policy, it will say where to send claims and how to do it.

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1 Answer | Asked in Contracts for New York on
Q: Does withdrawal of an affirmation “unbind” my attorney of his promise to waive fees ?

As stated in my attorneys email, “i will ask the court to release me as your attorney and waive 100% of my bill. it is in your best interest to find another attorney” 

I found an attorney. Now he is holding my file ransom saying: 

“ My research this weekend shows that my... View More

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

I think the first email controls, as you relied on it in getting another attorney. Holding a file for fees is called a charging lien. There are rules governing this.

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

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

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

2 Answers | Asked in Real Estate Law for New York on
Q: company's mistake

i closed on a property in dec 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am supposed... View More

Michael David Siegel
Michael David Siegel
answered on Apr 26, 2021

The obligation to pay should be in a one page escrow agreement the title company likely made you sign. This is enforceable and you can take them to court.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can I get back money for down payment on condo placed before the coronavirus?

I signed a contract to purchase a condo in 2019 (before the coronavirus) and put a 10% down payment for the condo. However, after the coronavirus hit, my business took a very hard hit, and I am unable to pay for the amount of the condo. When I had purchased it, the plan was to pay for the condo in... View More

Michael David Siegel
Michael David Siegel
answered on Apr 26, 2021

It depends upon the terms of your contract. However, you need to be a tough guy to make things harder for the seller so you can get some back.

2 Answers | Asked in Business Law and Contracts for New York on
Q: In New York State can two business enter a parking sharing agreement if one of the businesses owns the lot?

Let’s say Business A owns the lot and let’s customers use the lot between 9 am - 5 pm. Business B wants to use the lot between 5 pm and 10 pm for its customers. How could they go about striking an agreement to do this in NYC?

Michael David Siegel
Michael David Siegel
answered on Apr 24, 2021

It would be a license agreement. Not too complicated or fancy.

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1 Answer | Asked in Estate Planning for New York on
Q: Can an Irrevocable Trust Trustee be changed if all parties agree? Does it take a consent modification or dissolution?

I’d like to change my Trustee from my cousin to my son, all parties are in agreement but I have an irrevocable trust and am not sure if I can just modify it with a consent modification or if I need to dissolve the whole trust and start a new one. Please advise.

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

The terms of the trust are relevant, but generally, if all interested parties consent, you can amend it. There is a form for doing this. As it is a form, it is not very expensive.

1 Answer | Asked in Banking for New York on
Q: i send a wire and I enter the wrong account number what can i do ?

and my bank tried to contact that person but the that person ignoring

we send that through Chase to Citibank and Citibank don't went to talk to me

so the bank tell me that is nothing to do

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

The wire should have been rejected if the name on the account did not match the account number. Are you sure it went through?

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