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Questions Answered by Michael David Siegel
4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

Michael David Siegel
Michael David Siegel
answered on Oct 19, 2023

Anyone who pays the $210 filing fee can sue anyone for anything. Your issue is whether you can win. That will turn on the documents you have, and the facts of what you did, none of which are clear from your post.

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2 Answers | Asked in Real Estate Law for New York on
Q: Is a real estate deed still valid if it was never recorded?

Hi,

My father recently passed away. About 5 years ago my father told me that he recorded a new deed for his house. The new deed transferred ownership from him, to him and me, with joint tenancy with the right of survivorship. We found the original deed in his house, it was completed and... View More

Michael David Siegel
Michael David Siegel
answered on Sep 16, 2023

Yes it can be recorded and must be recorded to pass title. However recording a deed post death could open up a challenge from other heirs if sny.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Will -Beneficiaries cannot be located. Is their part held for them and will the money be frozen for all beneficiaries?

The house was sold and there is a Will. There is a beneficiary who cannot be found. Letters have been sent and the letters have been returned to the sender. We visited the address and they no longer live there. There is no phone to communicate. Other beneficiaries are concerned that if this... View More

Michael David Siegel
Michael David Siegel
answered on Sep 12, 2023

There is a proceeding to bring where the money can be paid into court for that person, and the others can be paid.

3 Answers | Asked in Civil Litigation for New York on
Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

Michael David Siegel
Michael David Siegel
answered on Aug 29, 2023

There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: I entered into a contract with a company to sell my property to them but have not heard back. What are my options?

As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?

Michael David Siegel
Michael David Siegel
answered on Aug 27, 2023

Maybe. Depends on the terms of the contract. But, it would take a lawsuit, and whether you can collect the costs of a suit or even a judgment, is speculative.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: We have inherited a house in Albany County and we need to transfer the title into our names. How do we go about this?

My brother & I inherited a house in Albany County and we need to transfer the title into our names. We have an active payment agreement for taxes with the Albany County Finance Department. Do you know how we go about this?

Michael David Siegel
Michael David Siegel
answered on Aug 25, 2023

Just have the estate do a deed to you.

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1 Answer | Asked in Estate Planning for New York on
Q: Can a check payable to just the name of the deceased be deposited in their estate account?

My mother passed away with a will and I am the only named beneficiary and also the named executor. Her estate was worth less than $30,000 (New York), so I filed for a Small Estate / Voluntary Administration. Two of her assets will be refund checks made payable to just her name (as opposed to... View More

Michael David Siegel
Michael David Siegel
answered on Aug 22, 2023

Yes it can be deposited in estate account.

2 Answers | Asked in Landlord - Tenant for New York on
Q: pls see below

I have rented, in Rockland County, NY, a small cottage, for more than 6 years, always paying early. There is a small shared wall in living room w/main house. The 6 month signed lease we had expired 05/31/23. Landlord emailed he agreed to renew, for 12 months this time. However, before he gave... View More

Michael David Siegel
Michael David Siegel
answered on Aug 17, 2023

I am sure the buyer does not want you there. It would de-value the property to have a lease. Thus, if you have no lease, you are a month to month tenant, and can be evicted. There is no obligation to give you a new one. You might have some leverage to ask for a few dollars to leave peacefully,... View More

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3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Michael David Siegel
Michael David Siegel
answered on Aug 17, 2023

The right to sue belongs to the estate. Someone needs to be named administrator. There can only be one case. There are specialists in this area who do only nursing home negligence cases. It is contingency fee work.

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2023

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

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3 Answers | Asked in Business Formation and Business Law for New York on
Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?

I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2023

You can do either.

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1 Answer | Asked in Contracts for New York on
Q: We are a small retail food business selling non cooked foods. We have been in business for three years and are thriving.

Problem is, we have introduced a new product that does not violate our lease or lease rider but another retail tenant opposes our right to sell our product. We have just learned that the type of product we sell violates a clause between the landlord and the other tenant BUT does NOT violate our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 5, 2023

It would depend on the terms of your lease. The two issues are whether the landlord must offer you a new lease at all, and whether this issue you are raising is relevant.

1 Answer | Asked in Consumer Law, Business Law and Collections for New York on
Q: A company issues a credit not a charge to a credit card how long do they have to correct their mistake and bill me

I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2023

They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Former friend and I went on vacation in August, and now that we've had a major falling out, he invoiced me. Do i owe?

He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More

Michael David Siegel
Michael David Siegel
answered on Jul 26, 2023

Probably not, unless you agreed to pay in writing.

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1 Answer | Asked in Consumer Law for New York on
Q: Am I able to sue someone for not paying the car loans my friend agreed to paying?

My friend wanted to get 2 cars under my name to use it for a taxi service and that he would pay for it. I agreed and I am in $120,000 in debt because he didn’t pay it.

Michael David Siegel
Michael David Siegel
answered on Jul 25, 2023

Yes, your friend, if you can prove he agreed to pay with something in writing.

1 Answer | Asked in Identity Theft for New York on
Q: My mother committed identity fraud against me. Will she still get in legal trouble if I don't press charges?

She has been committing identity fraud/theft against me since at least 2021. Various loans, credit cards, and accounts have been created using my name, date of birth, and SSN. I was not aware of this problem or consented to these accounts. I only found out after moving out and tried to apply for an... View More

Michael David Siegel
Michael David Siegel
answered on Jul 25, 2023

The lenders are not going to let you off, and her off. Someone has to pay. Thus, if you are submitting fraud affidavits, the lenders will definitely give it to law enforcement as it is Federal bank fraud. You do not choose who gets prosecuted. The DA chooses.

1 Answer | Asked in Bankruptcy for New Jersey on
Q: I want to file bankruptcy. But according to my lease, I would have to move. Is this legal im in NJ

It says If Tenant shall, (a) file for bankruptcy or for protection against Creditors under the laws of the United States or any state; (b) enter into an arrangement or composition amount creditors; or (c) have any insolvency or bankruptcy proceedings instituted against Tenant by a creditor; then... View More

Michael David Siegel
Michael David Siegel
answered on Jul 19, 2023

That is not how it works. You can assume your lease by agreeing to make payments going forward.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for New York on
Q: What happens to husband and wife holding title together after divorce?

Hi.

I’m reading a title now where the husband and wife took title in 1966 as John Doe and Jane Doe, his wife. Said husband has passed and contract of sale shows “Jane Doe as to 50% and the executrix of the will as to the decedents 50% as sellers”.

Since title was never... View More

Michael David Siegel
Michael David Siegel
answered on Jul 8, 2023

The divorce severs the entirety interest and creates a tenancy in common. Accordingly the contract is right.

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New York on
Q: I received a package with bars of Platinum in my locked PO box, the mail man signed for it, can i keep the bars?

I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More

Michael David Siegel
Michael David Siegel
answered on Jun 22, 2023

You do not get to keep them. You know the bars are not yours, and it was an error. "Finders keepers" is not a New York State law.

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1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Do stepchildren (not adopted) have any rights to my property if their mother dies before me in NY State?

If I die before my wife, she'll get all my accounts, property... and she'll do whatever she wants. But if she dies first, I want to protect my accounts and property from her son and daughter. We have a prenuptial agreement, the property is in my name, the bank accounts I refer to are in my name.

Michael David Siegel
Michael David Siegel
answered on Jun 15, 2023

If the assets have the value you are stating, then it is worth actually having a lawyer review everything. However, based solely on your post, your stepchildren inherit nothing if their mother dies first. However, you can do a trust, giving your wife lifetime income, to insure she does not pass... View More

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