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Questions Answered by Michael David Siegel
2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... View More

Michael David Siegel
Michael David Siegel
answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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2 Answers | Asked in Real Estate Law for New York on
Q: How long does a judgement against investment property last after the debt is no longer reported to credit agencies?

I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.

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

Judgments remain a lien on real property for 10 years from the date of entry unless extended by court order. If your judgment was entered in 2008, it is likely not still a lien.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My uncle failed to probate his mothers will for his personal gain of use of her property and passed away 7 years later.

My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.

Michael David Siegel
Michael David Siegel
answered on Apr 5, 2021

The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.

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3 Answers | Asked in Foreclosure for New York on
Q: My father house has a judicial foreclosure auction he settled with the summons out-of-court the buyer has not bought the
Michael David Siegel
Michael David Siegel
answered on Apr 4, 2021

Your question cut off. I do not understand it.

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2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 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... View More

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

If you had an escrow agreement, then that agreement will govern. If it is a standard form, then the title company will be responsible and you need to make a claim, like any insurance. Look at your title policy.

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2 Answers | Asked in Estate Planning for New York on
Q: If I put all of our assets into a Medicaid Asset Protection Trust, do I still have any control over those assets?

If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?

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

Yes and no. It has to be drafted a certain way.

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1 Answer | Asked in Probate for New York on
Q: Do I have to pay my wife’s credit card balances?

When my wife passed away she had credit card debt on cards that were only in her name. She also had life insurance for which I am the named beneficiary.

Can the companies make me use the life insurance proceeds to pay the credit card debts?

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

The general answer is no. There is a legal theory called the doctrine of necessaries in which they could sue you for certain types of charges, but it never happens if the balances are regular. Take the insurance, report your wife's death, and only do something if they contact you.

2 Answers | Asked in Real Estate Law for New York on
Q: No the house is not in foreclosure what can the notice of pendency turn it into a foreclosure
Michael David Siegel
Michael David Siegel
answered on Mar 30, 2021

A notice of pendency goes with an existing case. You are not right. Contact a lawyer to view your case.

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1 Answer | Asked in Consumer Law for New York on
Q: If a summons was dropped in my mailbox is it legal? Not mailed, not in an envelope. Just shoved in my mailbox
Michael David Siegel
Michael David Siegel
answered on Mar 30, 2021

If you get a copy in the mail as well, it is valid nail and mail. Do not ignore it.

1 Answer | Asked in Real Estate Law for New York on
Q: Can my house go into foreclosure when I have a notice of pendency on my property but I have answered the summons
Michael David Siegel
Michael David Siegel
answered on Mar 30, 2021

I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.

1 Answer | Asked in Real Estate Law for New York on
Q: If my father does not answer the notice of pendency,the perspective buyer can buy the house?
Michael David Siegel
Michael David Siegel
answered on Mar 29, 2021

I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... View More

2 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: hello! If there is a judgment who decides how to calculate the interest and what the amount is?

We have a judgment against us from an “old friend” who sued us and the case went all the way to trial in October of 2017. The judgment wasn’t filed until may 2019 and was never served upon us. Then the person said she wasn’t going to try to get the money anymore. We wanted to refinance and... View More

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

The judgment rate in New York State court is 9% per annum simple interest, calculated from the date of the judgment, unless the judgment itself applies something different specifically.

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1 Answer | Asked in Estate Planning for New York on
Q: My father was a beneficiary of an estate that was not settled prior to his death.

My father was a beneficiary of an estate that was not settled prior to his death. After my father passed, we hired an attorney only to probate his will and assign an executor. Our attorney got involved with the attorney for the estate my father was a beneficiary of. We were told that we should not... View More

Michael David Siegel
Michael David Siegel
answered on Mar 18, 2021

You can request the checks be made a certain way, but if I were the lawyer for the first estate, I would insist that the check be made to the Estate of your father, and a release be signed by your father's executor. If you can get the lawyer to do otherwise, it is not illegal.

1 Answer | Asked in Estate Planning for New York on
Q: What rights to cash proceeds and assets of a discontinued synagogue does the congregation have?
Michael David Siegel
Michael David Siegel
answered on Mar 6, 2021

None. That is why typically a merger with an existing congregation is done.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: As trustee and executor and poa, Can I sell a piece of property in the family trust if it willed to a family member?

My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More

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

Short answer is the documents will govern what you are allowed to do. However, if the trustee has the power to sell, and a will says it should be conveyed a certain way, there may be some inconsistency in the estate plan which needs to be addressed. But, if the property is titled in the trust,... View More

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5 Answers | Asked in Bankruptcy for New York on
Q: Am I entitled to any of the remaining balance of my house after it sold after my bankruptcy?

I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.

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

You would be unless you had other creditors. The trustee would have paid all the creditors and then if anything was left, paid you. There should have been a final report in the case.

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2 Answers | Asked in Probate for New York on
Q: My 91 yr old 1st cousin once removed passed on 1/31. No spouse. No children. My brother and are are the beneficiaries.

I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.

Michael David Siegel
Michael David Siegel
answered on Feb 14, 2021

Yes. As a post deceased beneficiary, your brother's estate would inherit. The will could have a provision dealing with deaths in close proximity, but if not, your brother inherits.

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2 Answers | Asked in Estate Planning for New York on
Q: My aunt passed away yesterday and she owns a house. She never married nor had children. The only living sibling is her

Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico

Michael David Siegel
Michael David Siegel
answered on Feb 14, 2021

This is a matter for a Puerto Rico attorney to handle.

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2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?
Michael David Siegel
Michael David Siegel
answered on Jan 24, 2021

The short answer is yes, anyone needs to be evicted by court order. There is no self help lockouts in residential cases. However, the issue will turn on why your spouse is in the property, and whether your spouse claims ownership in it.

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1 Answer | Asked in Real Estate Law for New York on
Q: Does an attorney representing the buyer in a sale of a house in NY State have a duty to ensure that the deed is recorded

by a title company?

Michael David Siegel
Michael David Siegel
answered on Jan 21, 2021

No. Recorded yes. By a title company, no.

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