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Questions Answered by Michael David Siegel
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

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I have a question regarding my mothers house I will be inheriting.

My mom passed away on 1/31/23, she had no will. At the time of her death she had a Mortgage with 219K left to pay off and 60k in credit card debt, and only 4k in savings. I would like to keep the house so I payed off her credit cards. By negotiating with the lenders I was able to reduce the 60k... View More

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

No. If there is equity, the bank will not take less, and you will be paying default interest, attorneys fees and other costs. The credit cards are different as there is really no way to collect so they take a good deal.

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2 Answers | Asked in Civil Litigation for New York on
Q: how do i find out if someone has a judgment against them?
Michael David Siegel
Michael David Siegel
answered on Jun 11, 2023

If you do not know what court you think entered it, you can run a credit report. You may need a private investigator to do it.

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1 Answer | Asked in Civil Litigation and Business Law for New York on
Q: We have been approved by the United Methodist Church of New York to disaffiliate. Our certificate to amend our

corporation petition was acted upon locally, Montgomery County NY. We received a letter from the law clerk that a corporation cannot appear pro se before the court. In speaking with other congregations, this is unheard of. Any advice?

Michael David Siegel
Michael David Siegel
answered on Jun 10, 2023

Anytime a corporation appears in court, it must have a lawyer. It is a statute. There is an exception for small claims. Thus, it is not "unheard" of. I am not sure why you are in court. Membership in the Methodist governing body is a private matter, so there must be other issues here.

1 Answer | Asked in Contracts for New York on
Q: What happens if I buy a new car but stop my check and refuse to take possession?

I wrote a down payment check and filled out all the paperwork. But I haven't taken possession of the car.

Michael David Siegel
Michael David Siegel
answered on Jun 9, 2023

You may be in breach of the contract, and sued for what you owe. You would have to have a reason for not doing it. Stopping payment of the check may have been wrongful.

1 Answer | Asked in Probate for New York on
Q: What if any grounds does one have not to comply with an order requesting production of a will, in New York .
Michael David Siegel
Michael David Siegel
answered on Jun 9, 2023

One must comply with a court order, or face contempt.

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for New York on
Q: I am my father's estate administrator. How and when can I be reimbursed for admin costs?

Can I reimburse myself prior to filing his estate taxes?

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

You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.

1 Answer | Asked in Civil Litigation for New York on
Q: A bank wants to sue a deceased family member for credit card debt and served us papers. How should we handle this?

The deceased family member lived in a different state than us and left no assets. We also had their mail temporarily forwarded to us in NY. The bank traced the forwarding and filed a suit in our state. They are unaware the family member has passed. Should we just alert them to the death and be... View More

Michael David Siegel
Michael David Siegel
answered on Jun 6, 2023

Just alert them to the death. A copy of the death certificate would be a plus.

4 Answers | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More

Michael David Siegel
Michael David Siegel
answered on May 30, 2023

It depends on who owns it now. You would need to be formally evicted by the buyer. If you do not own it at all, you have a moment of leverage to ask for money to relocate, which will facilitate the sale. You can hire a lawyer to look into it for a small fee.

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3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: my brother owns a home, i am his only sister and relative does it automatically pass to me upon his passing

should i get documentation before he passes and how would that impact me in terms of taxes

Michael David Siegel
Michael David Siegel
answered on May 18, 2023

The answers you got are right. When you say he "owns" it, are you sure only his name is on the current deed? If there is no will (which could leave it to anyone), and you are next of kin, you would inherit it. There is no tax due unless the building is worth millions. A bequest is not... View More

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1 Answer | Asked in Family Law and Education Law for New York on
Q: fees regarding representation for my autistic 4 yo son for kindergarten this upcoming year

I would like to know about your costs and fees. my son who has autism is turning 5 this year and he is starting Kindergartner and the schools that i contacted asked that he is represented by a lawyer. i don't know why and i would like to know about it if its possible. i also wanted to know the... View More

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

Your child has "special needs". As such he needs what is called an IEP. Does he have one? Also, I am not sure what school you intend on having your child attend. You may need a lawyer, but you definitely need a plan of action. More facts need to be known, like where on the spectrum... View More

3 Answers | Asked in Foreclosure for New York on
Q: My mothers husband owned property and they are both deceased. The property is in foreclosure. I've been contacted.

I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... View More

Michael David Siegel
Michael David Siegel
answered on May 9, 2023

It depends if you are an heir of the property and what you want to happen. It also depends if there is any equity. I would need much more information.

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2 Answers | Asked in Real Estate Law for New York on
Q: I believe I am a heir to my mothers ties to a property her second husband had when he passed away.

My mother is also deceased. The property is up for foreclosure and an administrator was assigned I think. I've been getting pestered by investors to sell my share and the deceased family to sign forms last three years

Michael David Siegel
Michael David Siegel
answered on May 9, 2023

I agree if someone wants you to sign something, you must have something of value that can be sold. More investigation would need to be done to determine what value to place on it, and whether you should cooperate.

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3 Answers | Asked in Family Law and Probate for New York on
Q: 97 yo aunt - no kids, sibblings, no will. 19 nieces/nephews -16 had no relationship with her. Can they be excluded?

There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... View More

Michael David Siegel
Michael David Siegel
answered on Apr 23, 2023

If she is still alive have her do a will. If she is dead then no.

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3 Answers | Asked in Banking for New York on
Q: My bank closed my account for no reason ans there not giving me my money back
Michael David Siegel
Michael David Siegel
answered on Apr 19, 2023

There is always a reason. You most likely withdrew uncleared funds on a check that bounced. However, more facts are needed.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I am an American AND Italian citizen looking for information about Chapter 7 bankruptcy in the US. I live in Italy

We used to live in New Jersey with my wife and son until 2020. During Covid, we both lost our jobs and we were priced out from the US. We moved to Italy, to be close to our family during this time of need. Unfortunately, we have not recovered financially and we are now unable to pay our credit... View More

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

There is no way to collect an American debt in Italy. Eventually, judgments will be entered in the USA. If you are never returning, there is no worry. If you come back, you can file bankruptcy then. With no jurisdiction in any American district, you cannot file bankruptcy here.

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2 Answers | Asked in Probate for New York on
Q: I am wondering if you handle a well that was written back in 2013. How would I probate this and how much time do I have?

I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him

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

The age of the will is irrelevant. You have unlimited time to probate, but if the sisters come in and say there is no will, they can take the property from you. So, file the will ASAP so you stake your claim.

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2 Answers | Asked in Collections for New York on
Q: What will happen if $4700 debt goes to the New York state general attorney office?

A university is asking me to pay it and the deadline is passed.

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

If it is a student loan from NYS, a judgment will be recorded. If it is something else, the NY attorney general is counsel to all State universities and they will sue you.

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2 Answers | Asked in Estate Planning for New York on
Q: My late parents had assets in an irrevocable grantor trust. The beneficiaries are all in agreement, and wish to disolve

My late parents had assets in an irrevocable grantor trust. The beneficiaries are all in agreement, and wish to disolve the trust. How does one go about doing that? the trust holds some funds, a residential house, and a small interest in a commercial property. Thank you.

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

It depends on the terms of the trust itself, but generally, there are forms to be created and signed by all interested parties (trustees, beneficiaries). It may require a Supreme Court order.

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3 Answers | Asked in Banking and Real Estate Law for New York on
Q: If there is a sole borrower on a mortgage, but multiple on deed is it legal for the borrower to be removed from deed ?

A father bought a house. Signed a portion of the deed over to two children causing 3 people to be on the deed but dad was sole borrower in mortgage . Dad gets sick … kids removed him from deed without his knowledge but he is sole borrower on mortgage. Will bank holding mortgage have an issue... View More

Michael David Siegel
Michael David Siegel
answered on Apr 3, 2023

While it is clearly a default to change owners, the mortgage company will not care as long as it gets paid. Also, it is impossible to remove someone from a deed without their knowledge. The only way to be removed from title is to sign a deed, which is an acknowledged document.

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