Questions Answered by Michael David Siegel

Q: Voluntary discontinuance. form Foster and Garbus in case however its don't say with prejudice was my dads debt.

1 Answer | Asked in Consumer Law and Identity Theft for New York on
Answered on Oct 1, 2018
Michael David Siegel's answer
It does not matter now. The statute of limitations would be expired. Plus, you are not liable for dad's debts.

Q: Does notice to judgment debtor in ny get mailed in plain white envelope marked personal & confidential?

1 Answer | Asked in Collections for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
Yes. So does a summons. Whatever you got requires a response.

Q: The leasing office asks me to sign an agreement for not suing them.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
They do not have to let you out of your lease. If you want the deal sign the form.

Q: A friend asked me if he can add me to his deed for his house in New York using a quick deed

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
There is no such thing as a "quick deed", but using a proper deed it can be done if he signs a deed. Hire a lawyer to prepare and record the deed and accompanying forms. I charge $800 for this.

Q: Can we remove my son from the deed. he refused to sign a QCD

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
Without your son's consent, your only option is a partition case in Supreme Court. You would buy him out at the sale.

Q: If Broker 1 identifies a buyer, who later buys when Broker 2 is listed broker, who gets commission?

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 26, 2018
Michael David Siegel's answer
It depends on what agreements were signed, and how the termination was effected. You may owe both. You can also pay the commission into court, and let them fight over it.

Q: Can we use the grandfather clause

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 26, 2018
Michael David Siegel's answer
Only a surveyor can answer that issue. Whatever is recorded is what there is.

Q: How can I bury my brother?

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
You can do it. Just call the morgue. Do not reference the wife. Just say you are the sister and go from there.

Q: If a fraudulent bank foreclosed on my home and sold it to someone else, don't I still own it?

1 Answer | Asked in Civil Litigation for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
What is a fraudulent bank? If there was a court case, you were served, and you failed to respond, you do not still own it.

Q: My business partner embezzled corporate funds without my knowledge. How do I protect both myself and the business?

1 Answer | Asked in Business Law for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
You need to sue him in what is called a derivative action.

Q: Are you legally entitled to enroll your child in any publish school district of your choosing?

1 Answer | Asked in Education Law for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
Absolutely not. Only in the one that the child resides in.

Q: I have a rural property, 12 acres that the deed is in my name and also in my EX-boyfriends name.....

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
Both parties have rights to possess the whole. You cannot just put in a cabin for yourself. You need to bring a partition case, and have the property sold (and you buy it), or force a settlement. The present arrangement is a litigation certainty.

Q: Father died, no will in NY leaving surviving spouse & grown children. Spouse is selling off items before probate

2 Answers | Asked in Probate for New York on
Answered on Sep 25, 2018
Michael David Siegel's answer
Someone (i.e.you) needs to file for an administration. Personal property, like untitled stuff, is hard to prove it is not marital property. But, only an administrator can even make the argument.

Q: For real property tax reduction because I am over 65 and income under limit, I need the deed to my house amended.

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 24, 2018
Michael David Siegel's answer
The survivorship clause means you cannot bequeath your interest to anyone. Title passes to the co-owner at your death by operation of law. The deed does not need amending for STAR. There is an affidavit/form you need to sign. Call the tax assessor in your town.

Q: My brother passed. No will. Wife of less than a year already filed papers swearing of no living relatives to him.

1 Answer | Asked in Probate for New York on
Answered on Sep 23, 2018
Michael David Siegel's answer
His wife is next of kin. She controls all property. You need to ask her. You have no legal rights.

Q: when i bought my house i was told that the seller paid the transfer tax. now i received a bill for the transfer tax.

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 22, 2018
Michael David Siegel's answer
It should have been a closing document. You should have a title bill and payment to title company.

Q: How would creating a lifetime revocable trust allow me to avoid probate?

2 Answers | Asked in Estate Planning for New York on
Answered on Sep 22, 2018
Michael David Siegel's answer
If all of your property is in the trust, then the trust controls disposition and you do not need a court order.

Q: Who do I report an incidence of identity theft to in New York? My city? Or some higher-up entity?

1 Answer | Asked in Identity Theft for New York on
Answered on Sep 22, 2018
Michael David Siegel's answer
The police, and any company impacted like your bank, etc. Also, put a fraud alert on your credit report.

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