Questions Answered by Michael David Siegel

Q: I need to write a new will and have questions re power of attorney can 2 people be joint /dual power of attorney for

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Feb 11, 2019
Michael David Siegel's answer
Two people can definitely be joint POA and the form has a box to check if the two must act together, so yes.

Q: My mother passed away. She lived in NY for almost 5 years before that in Maryland. Do I have to do public notices?

1 Answer | Asked in Estate Planning for New York on
Answered on Feb 10, 2019
Michael David Siegel's answer
No. There is no need for the will or probate. The accounts go to you, and the annuity, on presentation of the death certificate, will go to the beneficiaries. If there is nothing else, you are done.

Q: What happens to the back taxes after the foreclosure claim is dropped

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Answered on Feb 7, 2019
Michael David Siegel's answer
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.

Q: I got homestead exemption in ny, I have full equity in my home. Do the trustee still have to sell the house? For Chap. 7

5 Answers | Asked in Bankruptcy for New York on
Answered on Feb 6, 2019
Michael David Siegel's answer
I do not understand your question. If your equity exceeds the homestead exemption, that excess value could cause your home to be sold in a bankruptcy.

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Michael David Siegel's answer
If the house was sold at foreclosure, you have to be formally evicted to get out. But, the case is over and you are going to have to leave. Sometimes to avoid eviction, the buyer will pay you to leave more quickly, but you cannot go to court.

Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

3 Answers | Asked in Consumer Law and Collections for New York on
Answered on Feb 2, 2019
Michael David Siegel's answer
Answer the summons. Your bank account can be frozen if there is a judgment. You might be able to unfreeze it with an exemption. Do not send a letter. Answer the case. Now that the case is in court, and payment arrangement should be in writing and a court order.

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: In chapter 13 for more then a year, found a great paying job and then got laid off !

3 Answers | Asked in Bankruptcy for New Jersey on
Answered on Jan 27, 2019
Michael David Siegel's answer
If you are in bankruptcy, you do not have good credit. Also, you cannot do anything with your mortgage without court and trustee approval. Thus, the advice you are getting makes no sense all around. If no foreclosure has started, it takes years to foreclose. If you want to sell in the Spring, you will have plenty of time. The problem is in bankruptcy that takes court approval as well. Your bankruptcy lawyer needs to review whether your case is helping you at this point.

Q: How can one be sued and lose a judgement for a 10yr old debt that has never shown on a credit report or affected score

2 Answers | Asked in Consumer Law for New York on
Answered on Jan 26, 2019
Michael David Siegel's answer
Anyone can sue anyone. The statute of limitations is a defense that must be pled. If you defaulted, you can lose.

Q: Hi, I was given a business check in Nov 2012 as payment for money owned my my former business partner as we parted ways.

1 Answer | Asked in Business Law and Collections for New York on
Answered on Jan 25, 2019
Michael David Siegel's answer
You should sue both, but as it is 2019, you are likely barred by the statute of limitations unless something tolled or reset that clock.

Q: Does sweat equity count when there is a call to capital?

1 Answer | Asked in Business Formation for New York on
Answered on Jan 17, 2019
Michael David Siegel's answer
It depends on the formation documents. If this is an LLC it is the operating agreement. If a corporation it is the shareholders agreement.

Q: My mother passed away due to illness. She had no will but had personal belongings that she wanted her children to divide

1 Answer | Asked in Probate for New York on
Answered on Jan 12, 2019
Michael David Siegel's answer
Not a lot. Unless these items are titled in some way, your brother will say they were gifted to him prior to death, and you have little to say against it.

Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 11, 2019
Michael David Siegel's answer
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.

Q: I have a civil judgement on me and I have no income. If I file taxes with my wife filing jointly can it be taken?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 10, 2019
Michael David Siegel's answer
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.

Q: My father passed away over 20 years ago. It was recently discovered that he did not cash some of his pension checks

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Jan 10, 2019
Michael David Siegel's answer
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.

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