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Questions Answered by Michael David Siegel
1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: I hired a contractor to add and renovate my home. The contractor did not provide me with what I asked ie, black windows

The contractor did not do the home improvements according to my architects plans

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

You can sue. The contract terms will govern.

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 7, 2022

Unless the contract addresses post termination issues, there is no deal for anything as the contract expired. Get an extension in writing.

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2 Answers | Asked in Contracts for New York on
Q: Hi, I am interested in having an employment contract looked at and seeing if it is binding.

I work for a dealership. They drew up a contract for me to go to school. I have not completed the certification and I would like to leave. I would like to know if I have to pay for the classes I have taken.

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

Obviously, it is governed by its terms. For a few hundred dollars someone like me could look at it.

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1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Are LLC membership interests in New York have to go through probate when the member dies?

In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?

Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... Read more »

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

Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.

1 Answer | Asked in Estate Planning for New York on
Q: My daughter is in hospice care and her estranged husband took over the keys to her house and she wants to get in

to get belongings. I have POA but the police won't make him give the keys back. What should I do?

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2022

Call a locksmith and break in. It is her house.

2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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1 Answer | Asked in Probate and Estate Planning for New York on
Q: Can I file a complaint to a NY agency as a third party against an executor for the mishandling of an estate settlement?

The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 19, 2022

Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Do I still need to pay NYS + NYC transfer taxes on the sale of a home in the amount of $10 between family members?
Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

There is no tax. There is a fee, and the proper ACRIS forms need to be filed with the deed. It is simple, but cannot be wrong. I charge $800, including the $177 recording fee.

1 Answer | Asked in Real Estate Law for New York on
Q: My deed states that my brother has a 1% interest in my house, and my wife + I have 99%, after we bought him out. Why?

In 2002, my brother and I bought a house. A few years later, after getting married, my wife and I wanted to buy him out, take his name off the deed, and add her name to the deed. Through a lawyer, we filed (what I believed to be) the appropriate paperwork, but I am now realizing that he is still... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

Is your brother cooperative or not? Generally, quitclaim deeds should be avoided, but re-doing the deed is the best option, just with a better form. You need your brother to sign.

4 Answers | Asked in Business Law for New York on
Q: Can a corporation denies shareholders to examine books?

A medical group with doctors as owners (PC). I am a recent shareholder, upon asking to examine the books I was denied that, stating that only managing members are allowed to see the books. The company doesn’t make distributions so I wanted to know what happens to the profits. Is that legit? What... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

In New York, any shareholder can see the books, unless that right is restricted by agreement.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Under what circumstances can one be compelled to produce a will in court in New York?

If a named executor is filing for probate ,can a named beneficiary compel production of the will

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

Yes. There is a petition to do just that. Not a form per se, but a form.

2 Answers | Asked in Real Estate Law for New York on
Q: How do I get money back from someone who thought they own a house and it turn out that they didn't
Michael David Siegel
Michael David Siegel
answered on Oct 5, 2022

You call the police. You were defrauded.

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1 Answer | Asked in Probate for New York on
Q: My sister died without a will in NYC. I have given all of the necessary documents to lawyer working with administrator.

I have provided all necessary proof of kinship as the only sibling and there is nobody else to contest that I am the sole heir. I have no living relatives. However, I am being asked to prove that my sister never married or had children - which she did not. Will a professional genealogist report... Read more »

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

You need a better lawyer. This is accomplished with an affidavit of heirship and does not require a genealogical search. Anyone who does this area of the law should know this.

2 Answers | Asked in Real Estate Law for New York on
Q: Wondering if I can take legal action against a seller/ contractor/ flipper after I the buyer waived the home inspection

I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... Read more »

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

Nothing. NY sales are "as is" unless you modified the contract both to account for conditions and for the representation to survive closing. Never waive an inspection.

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1 Answer | Asked in Business Law for New York on
Q: I booked an event space, host called stating she double booked, she ghosted me, do I have a case?

This was a craft fair open to the public. I haven't paid yet as she stated as long as I paid within two weeks of the event which hasn't passed yet. I've already collected vendor fees, did paid advertisement and put in the work to organize everything. If I cancel, I will have to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2022

I do not know what "booked" means to you. If you have a written contract, you can enforce it. If you have a promise on the phone, then you have nothing.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 26, 2022

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

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

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

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1 Answer | Asked in Estate Planning for New York on
Q: My mother passed away 8 years ago. No contact with then spouse. How do I get probate admin status for executorship

We have no clue as to where the former spouse is. I'm whom she attempted to leave as executor.

Michael David Siegel
Michael David Siegel
answered on Sep 20, 2022

There are ways to find anyone. You are going to have to find them, or a last known address.

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: My financial advisor (CFP) contacted my brother (no power) to advise him I'd made a change to my POA. Did he break a law

My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2022

I see nothing "illegal", but it is weird.

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