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Questions Answered by Michael David Siegel
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel
answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Michael David Siegel
Michael David Siegel
answered on Jan 13, 2021

The contract governs your deal. Whatever it says about the property governs.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Michael David Siegel
Michael David Siegel
answered on Jan 11, 2021

Because the money did not add up to pay off the arrears, or your surplus of income was higher to pay it faster. The question is why were you in Chapter 13 in the first place, and whether you should re-file, or do a modification in state court.

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1 Answer | Asked in Probate for New York on
Q: Does priority debt come first in terms of sold property?

If a co op of a deceased persons estate is the type of co op which can only be handed back to the company and one can not sell it themselves or rent it themselves. Will the company be forced by the law to release all funds gotten from sale and allow the debts of the estate to be paid in order of... View More

Michael David Siegel
Michael David Siegel
answered on Jan 11, 2021

You will need to get Voluntary Letters of Administration to collect this asset, unless there is more to the estate. The funeral must be paid by someone, who will get reimbursed by the administrator.

2 Answers | Asked in Real Estate Law for New York on
Q: I live in NY and want to pay off private mortgage early.

Mortgage has 8 years left and the mortgage holder says, I have to pay all the interest on it, as if, I were to take the 8 years left to pay? I believe this is wrong and possibly illegal? Please advise.

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

Whatever the document says governs. A prepayment penalty is not illegal. A Federally insured residential mortgage cannot have one, but it is not illegal.

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3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... View More

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

Anyone can sue anyone if they pay the fee. Thus, the question is do you have a defense. It depends on what the form says. Assuming it is a true general release form, you should have a complete defense.

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: Can a bank hand over a newly opened checking account to a collection agency for a debt that is past the SOL ?

I don’t think the debt is mine and I believed I tried to dispute it off my report a while ago . I called Capital one bank to see why my New business debit card wasn’t here and they forward it to the collection agency . I don’t ever remember having any debt with capital one . My money is still... View More

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

It sounds like you are confused. To freeze an account there must be a judgment. The judgment lasts for 20 years in NY. The statute of limitations refers to the time to bring the initial case to get the judgment. To vacate a judgment you need to make a motion in the court that entered it. These... View More

1 Answer | Asked in Antitrust and Collections for New York on
Q: Hi I had procedure done for wrinkles at perfect body lazer did not go back for the other one they are scam they want

they want you to wait to see the results in 7 months the first procedure was 5,000 which I paid and also sign in for the other one at the same time I did not want to go back after 7 months I did not see any results the other procedure was 5,500 now the credit company that gave me the loan is... View More

Michael David Siegel
Michael David Siegel
answered on Dec 30, 2020

You have a defense to the claim, and you can bring the laser provider into the case. This is not a case where you get extra money for personal injury, etc., so we are just focusing on the $10,500 payment.

2 Answers | Asked in Real Estate Law for New York on
Q: Property in NYC, there are 3 beneficiaries in the family, equal parts-myself, mother and brother. I am the executor of

The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale,... View More

Michael David Siegel
Michael David Siegel
answered on Dec 29, 2020

Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: How can I compel an estate to reimburse me for final expenses that I paid?

My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... View More

Michael David Siegel
Michael David Siegel
answered on Dec 27, 2020

The release is not unusual. If you have no claims other than the one being paid, there is no downside to signing it. Depending on the amounts we are talking about, it may not be worth moving to compel payment without a release.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: A friend of 40 years died in NYC recently & has no known family, who is eligible to oversee his estate administration?
Michael David Siegel
Michael David Siegel
answered on Dec 3, 2020

The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... View More

Michael David Siegel
Michael David Siegel
answered on Dec 2, 2020

You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.

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1 Answer | Asked in Probate for New York on
Q: Is there a timeframe in which you must probate a will? Thank you.
Michael David Siegel
Michael David Siegel
answered on Dec 2, 2020

yes and no. YEs, but you can file an affidavit explaining the delay after a certain point. These are almost always sufficient to make deadlines unlimited.

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... View More

Michael David Siegel
Michael David Siegel
answered on Dec 2, 2020

I am unclear on the procedural history. Why was there a mediation. That implies there is a case in a court. Your options turn on where you are in court.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My friend died and left me the house we lived in. I have the will and the death certificate. What do i do next?

Is there a time period in which this must be done?

Michael David Siegel
Michael David Siegel
answered on Dec 1, 2020

You must probate the will, and then transfer the house from the estate to you. The fee will depend upon the value of the house and other assets.

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1 Answer | Asked in Banking for New York on
Q: I am being charged a 3500 fee from my bank on a regular basis my account is on lockdown right now and I’m being charged

Each bounced check is costing me 35.00 for each one I have enough money to pay those bills in my account I did not put it on lockdown can they do that

Michael David Siegel
Michael David Siegel
answered on Dec 1, 2020

You likely have a judgment and a levy on your account. Call your bank.

3 Answers | Asked in Real Estate Law for New York on
Q: call time is of the essence.

I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?

Michael David Siegel
Michael David Siegel
answered on Nov 30, 2020

The standard is 10 days, but the form of your notice must be very clear.

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3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... View More

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2020

It depends on whether you are on the deed or mortgage. I am unclear of the "format" of your agreement.

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2 Answers | Asked in Estate Planning for New York on
Q: Executor refusing to reimburse beneficiary the property taxes he paid on behalf of the Estate

Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... View More

Michael David Siegel
Michael David Siegel
answered on Nov 24, 2020

The beneficiary would have to file a claim first, and then compel payment of it.

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