Questions Answered by Michael David Siegel

Q: Does it matter if the county listed on your Articles of Organization(LLC),is not the county your business is located in?

1 Answer | Asked in Business Law for New York on
Answered on Nov 29, 2018
Michael David Siegel's answer
It will effect publishing, but it is not really a big issue. It impacts nothing else. If you amend for something else, change it, but no reason to spend now.

Q: How to terminate a 3 yr music contract?

1 Answer | Asked in Contracts for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
It depends what the contract says, and what it is for.

Q: My aunt left no will, need to know what steps to take next?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
If there is no will, your cousin inherits everything. You have no role here. What are you trying to do?

Q: NYC sublessee leaving with 10 days notice (agreement states 30 days min.) wants his deposit back.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
You will be governed by the agreement that you signed.

Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
It depends on the proprietary lease. In theory, yes.

Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

1 Answer | Asked in Estate Planning and Wrongful Death for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
If the decedent was not competent to make the trust, a court proceeding can invalidate it.

Q: Can my LLC have only me? Or do I need partners?

1 Answer | Asked in Business Law for New York on
Answered on Nov 23, 2018
Michael David Siegel's answer
It can have only you.

Q: In New York State , how long must an heir wait after probate for the will to be distributed ?

1 Answer | Asked in Probate for New York on
Answered on Nov 23, 2018
Michael David Siegel's answer
While there may be a reason to wait, seven months after letters are issued, which is the time for claims, is the standard time to wait. To compel payment, you would need a petition in the court.

Q: Can I claim liquidated damages when there isn't a liquidated damages clause ?

1 Answer | Asked in Contracts for New York on
Answered on Nov 23, 2018
Michael David Siegel's answer
No. It is definitional. Liquidated damages means a damages clause. You can claim damages, but not in an agreed amount.

Q: How do you go about adding a person to the deed of a house. It isn’t bank owned.

2 Answers | Asked in Real Estate Law for New York on
Answered on Nov 22, 2018
Michael David Siegel's answer
You need to do another deed. The current owners must sign. Yes, the person will be added to the taxes.

Q: My question is about a life estate. I am in New York state. The property has a unfinished house.

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 21, 2018
Michael David Siegel's answer
Yes. It is possible. It takes a Supreme Court case.

Q: After a jury verdict awarding a sum of money, 2 years after a motion granted liability, how do I collect from deft?

1 Answer | Asked in Civil Litigation for New York on
Answered on Nov 21, 2018
Michael David Siegel's answer
Your lawyer should have the money. You do not sign anything. If there was insurance, it would have been paid already. Something is not right here.

Q: How do I answer an Order to Show Cause why my attorney should NOT be allowed to withdraw as my counsel? Is there a form?

1 Answer | Asked in Civil Litigation for New York on
Answered on Nov 21, 2018
Michael David Siegel's answer
The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.

Q: If my lease was signed unconscionably, do I have to pay accelerated rent if I leave early?

1 Answer | Asked in Contracts for New York on
Answered on Nov 19, 2018
Michael David Siegel's answer
From your post you have not established unconscionability. It is a defense. Your lease governs what you pay, but there is always room for negotiation.

Q: My child attends a private middle school and just came out as gender-queer.

1 Answer | Asked in Education Law for New York on
Answered on Nov 19, 2018
Michael David Siegel's answer
None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.

Q: I was evicted from my home and left a 60% full propane tank, and the supplier is trying to bill me for the full tank.

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for New Jersey on
Answered on Nov 19, 2018
Michael David Siegel's answer
If the delivery was after the filing date of your case, it is not a part of the bankruptcy.

Q: What is a debt collector's responsibility in recording that I've paid off a debt in full?

1 Answer | Asked in Collections for New York on
Answered on Nov 18, 2018
Michael David Siegel's answer
"Record" is not a legal term. If a judgment, they must file a satisfaction in the court. If not, there is no particular obligation.

Q: Do I need to address any debts or student loans in a will that I draft for myself?

1 Answer | Asked in Estate Planning for New York on
Answered on Nov 18, 2018
Michael David Siegel's answer
No. Generally a will follows the law, and says your executor should pay your debts in general.

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