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Questions Answered by Sharon M. Siegel

3 Answers | Asked in Probate for New York on

Q: Could a lawyer that practices in probate look over a final probate paper that im an heir in? I think I got robbed...

New York Delaware County

Sharon M. Siegel answered on May 11, 2017

Absolutely. If you hire a lawyer, they can perform any skills or tasks that you hire them to do. This is why it is imperative to go to a lawyer who practices in your needed area as an expert!

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1 Answer | Asked in Identity Theft for New York on

Q: I used my boss' credit card for a couple of personal purchases. Is that identity theft?

Sharon M. Siegel answered on Oct 26, 2016

No. If you had no permission, it is plain old regular illegal theft.

2 Answers | Asked in Real Estate Law for New York on

Q: Property deed doesn't match tax record. Complicating sale of home. Is this hard to correct?

Sharon M. Siegel answered on Oct 20, 2016

No. Your attorney can handle this.

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1 Answer | Asked in Business Law for New York on

Q: My brother took over our family business and paid me out.

It turns out though that a huge contract that was on the books at the time in which payment was in arrears finally came through - I did some work on the contract before I left. Am I entitled to some of that money now?

Sharon M. Siegel answered on Sep 2, 2016

It depends on what your buyout agreement says. That is the governing document.

1 Answer | Asked in Civil Litigation for New York on

Q: How do I get money owed me out of someone who is bankrupt?

Sharon M. Siegel answered on Sep 2, 2016

The short answer is you don't. That is the point of bankruptcy -- to not pay your debts. The long answer is that if there is a basis to seek non-discharge of the claim, you can make a complaint to do so.

1 Answer | Asked in Real Estate Law for New York on

Q: My neighbor claims trees on my property are blocking his view

and that it's affecting the value of his property/house. Can he go after us in any way to take down the trees or can we ignore him?

Sharon M. Siegel answered on Sep 2, 2016

Ignore, unless they overhang his property, in which case he can cut that part down.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on

Q: "town and village codes"

Need advice. I sold my home to a cash buyer. we both signed contract and everything was moving along. In the contract it stated the house was to be sold "as is, and no reduction in purchase price or claim of any kind for any change in such condition," etc...Basically the buyer knew I didnt want to... Read more »

Sharon M. Siegel answered on Sep 2, 2016

It depends on what your contract says. If it is the form, you need to legalize the deck or cancel the contract. This is a common suburban issue. I am not sure why your attorney cannot deal with it.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on

Q: Landlord keeping deposits?

I recently moved away from New York, and broke my lease at my apartment by doing so. My landlord is keeping my security +last month's rent deposits. However, I was required to continue to pay rent for the two months before he found a new tenant (who he wanted to pay a higher rent, which made it... Read more »

Sharon M. Siegel answered on Sep 1, 2016

You can bring a small claims case. The terms of your lease will govern.

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1 Answer | Asked in Estate Planning for New York on

Q: As a %50 beneficiary of a revocable trust in New York State, what are my rights?

As a %50 beneficiary of a revocable trust in New York State, what are my rights? The grantor of the trust passed away in 2015. Do I have a right to a copy of trust documents and an accounting. My trustee does not seem to know the answer, and the attorneys that penned the trust are not responding... Read more »

Sharon M. Siegel answered on Aug 31, 2016

Can you clarify if the Grantor/Trustee is deceased or alive? In other words, do you have a current beneficial interest or do you have a contingent beneficial interest. This very much affects the answer. I would presume that the Grantor is the primary beneficiary. If Grantor has passed away,... Read more »

1 Answer | Asked in Estate Planning for New York on

Q: My grandfather left money in trust for his two daughters.

Mom's share of the trust dissolves on my mother's death and then is divided between me and my siblings. Do we have to pay a lot of taxes when that happens? Is there any way to avoid it?

Sharon M. Siegel answered on Aug 31, 2016

This depends on what type of tax you are asking about and the values of your inheritance. In any event, you will get a stepped up basis to your mother's eventual date of death. You are wise to consider this now while you have time to plan for it. You and she should sit down with a lawyer and... Read more »

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