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New York Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Based on that definition and the expectations of a fiduciary, does the client have a conflict of interest?

The client in your office is 1 of the 3 children whose mother just passed away intestate, owning only 1 piece of real estate and a bank account. The client has been living with his mother in the property and claims that he should be allowed to purchase the property from the estate, but at a lesser... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 25, 2022

I'm not sure if you are asking about New York. However, in New York, if the decent left no Will, the client can certainly petition to be appointed as Administrator. Personal representatives commonly have an interest in the estate assets that may conflict with other potential heirs. Those... Read more »

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Im a partial owner (with a parent) of a property and would like to become a sole owner. Is it taxfree
Elaine Shay
Elaine Shay answered on Jan 20, 2022

If your parent intends to make a gift of his or her interest in the property, depending on the value of the gift it may be subject to gift tax. However, New York does not impose a transfer tax on gifts of real property that are made without the payment of consideration.

0 Answers | Asked in Real Estate Law for New York on
Q: Can any numerical terms be changed after refinance loan has been consummated on a mortgage?

Company failed to include the school taxes into the escrow on disclosure and elsewhere yet indicated escrow includes school tax. Identified since cash out was shorted taking out for shcool tax, and monthly payment would increase from stated amount in disclosure, increasing 306 per month.

1 Answer | Asked in Real Estate Law for New York on
Q: How can I find law help on a no will, small estate and sibling trying to be the administrator?
Elaine Shay
Elaine Shay answered on Jan 20, 2022

What type of help are you looking for? There are many attorneys in NY that would be happy to consult with and/or be retained to assist with Estate matters. In addition, there is information posted on the Surrogate's Court website as well as a Help Center at the Courthouse that provides basic... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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0 Answers | Asked in Real Estate Law for New York on
Q: New York State Real Estate Law Suing for Past Due Rent

I was told if you bring a tenant to court to sue for past due rent, you cannot also sue for late fees, only the monthly rent amount. If this is so, can I change my leases so my rental amount includes the late fee and if the tenant pays by the 5th they can deduct the late fee from the rent?

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.

as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... Read more »

Elaine Shay
Elaine Shay answered on Jan 18, 2022

You have presented a complicated situation that is not suited to being addressed in this forum. Your questions and concerns would be better addressed by retaining competent legal representation.

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0 Answers | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash verbally, in person and via email, for me to move soon (possible but not ideal). If I agree (via email), move and they don't pay, do I have recourse options?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

If she is not living there, she really has no rights.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. The property is in P.R. there's no will. He has no children, no wife.

Our father lives here in New York.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?

Russel Morgan
Russel Morgan answered on Jan 12, 2022

You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Real Estate Law for New York on
Q: Good morning, I live in an apt in a brownstone in NYC And own my apt. The management made a mistake and never increased

My maintenance and assessment fees for a year and that they are not asking me to pay them back. Do I have any recourse?

Thank you for your time

Elaine Shay
Elaine Shay answered on Jan 3, 2022

If you own a coop, whether in a brownstone or larger building, you are responsible for the full maintenance charges to the Coop regardless of a billing error by the property manager.

0 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: What are "common maintenance charges" "elevator service" in a Queens County, NYC, NY medical office commercial lease?

I am a holdover tenant since my old lease expired May 2003.

My expired lease states,

"Tenant will, at Tenant's own cost and expense, bear, pay as additional rent the common maintenance charges for the premises known as 12-55 and 12-57 150 Street, Whitestone, New York, in... Read more »

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