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Questions Answered by Michael David Siegel
1 Answer | Asked in Probate for New York on
Q: Can you transfer a Deed to property of the deceased parent to her children prior to filing for Probate in New York.

There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?

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

You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

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

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Probate for New York on
Q: What is a letter of citation and renunciation and consent to appointment of administrator?
Michael David Siegel
Michael David Siegel answered on Jul 1, 2021

These are actually two forms. There is a waiver and consent, and a renunciation. A waiver and consent applies to the petition filed. If you sign, the petition will be granted. Renunciation is when a named fiduciary in a will does not want to act, and resigns.

1 Answer | Asked in Estate Planning for New York on
Q: Is the estate of the deceased responsible for the maintenance of his/her home or are those inheriting the house?

Before the will goes to probate, what is New York State law?

Michael David Siegel
Michael David Siegel answered on Jun 23, 2021

Those inheriting the house, but while in the name of the estate, the fiduciary needs to keep the beneficiary apprised of expense issues, and the transfer should be done ASAP upon probate.

3 Answers | Asked in Estate Planning for New York on
Q: My mother has Alzheimers. She has a POA document naming me as POA. Can I, as her POA, set up a revocable trust?
Michael David Siegel
Michael David Siegel answered on Jun 11, 2021

If it is usual form of POA, and all the powers are checked, then yes.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can I revoke a consent from a "waiver of process consent to probate" form I was coerced into signing?

In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... Read more »

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

It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.

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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Michael David Siegel
Michael David Siegel answered on Jun 3, 2021

The judgment is recorded in New York. It is a lien on real estate the same way a NY judgment would be a lien. For other property, there would need to be a levy by the Sheriff or Marshal, like a NY judgment.

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1 Answer | Asked in Probate for New York on
Q: I was willed a parcel of property in NY. I have signed all paperwork, paid taxes & have not received a deed.

Lawyers will not talk to me or return my calls. It has been 3 years is there something legally I can do?

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

If you know the will says you get it, bring a petition to compel distribution. While not a form, this is basic work.

2 Answers | Asked in Collections for New York on
Q: can a money judgment be enforced after 10 years if not renewed? Can a judgment be renewed after 10 years?
Michael David Siegel
Michael David Siegel answered on May 31, 2021

1. Yes. NY judgments are good for 20 years. 10 years is as a lien on real estate. Yes, it can be renewed.

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2 Answers | Asked in Probate for New York on
Q: Do I have rights to money my co-power of attorney sold before my mother died

My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »

Michael David Siegel
Michael David Siegel answered on May 30, 2021

You can sue your sister on the power of attorney. You should also petition to be administrator of the estate to gain control of it.

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1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This has two elements -- an Education element and a divorce element. If the divorce decree allocates how education decisions are made, then it governs. You may need to make a motion in the divorce case if the issue is unclear. As to education law, the kid must go to school in the district where... Read more »

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1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

2 Answers | Asked in Real Estate Law for New York on
Q: I own a property in Ballston Spa, NY in joint tenancy with an ex-partner. The property is in foreclosure(2year).

The ex-partner has refused four decent offers in the last year. I've just received the best offer yet, and he is refusing to respond. What legal defense is available if any?

Thank you for your response.

Michael David Siegel
Michael David Siegel answered on May 25, 2021

I do not know what you mean by defenses. To sell the property outside of foreclosure, you would need a partition action in Supreme Court. If you let it go to foreclosure, and there is a surplus, you will get it. If there is no surplus and this is a short sale issue, just let it go to foreclosure.

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1 Answer | Asked in Contracts for New York on
Q: Can a seller re- list a house if we are in a signed contract to purchase

We signed a contract in January, paid a down payment and expected to close 2 weeks ago but the title company wouldn’t release the title until a problem with the pool was fixed. The seller has now resisted the house and is holding an open house on the property today. As of yesterday the title... Read more »

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

A seller cannot relist if you have a signed contract. However, you would have to sue to stop a sale to someone else.

1 Answer | Asked in Estate Planning for New York on
Q: All siblings were in parents will. Sibling was not owner of home, which was sold without my knowledge.
Michael David Siegel
Michael David Siegel answered on May 14, 2021

What did the will say would happen to the house? Who is the executor?

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Michael David Siegel
Michael David Siegel answered on May 14, 2021

If they forged your name because you are on title, it is a crime. If they had the authority to sell as you are not on title, then you have no issue.

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2 Answers | Asked in Bankruptcy for New York on
Q: in bankruptcy, I am heir to a condo that has arrears in hoa fees and they put a lien on the property. is that my debt?

how do I list this property on my schedules

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

If it is in your name already, you need to pay the liens to keep the condo. You list them as secured debt. If it is not in your name, but will be some day, you list it on the statement of financial affairs.

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