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2 Answers | Asked in Divorce, Tax Law and Real Estate Law for New York on
Q: Would I get hit with capital gains tax on house sold that I signed away in divorce settlement?

Signed away all rights to house in divorce, but spouse hasn’t and won’t refinance to take my name off mortgage. She plans on selling and I will get no money in the sale, would I get hit with a capital gains tax?

Michael David Siegel
Michael David Siegel answered on Nov 18, 2019

Not if all proceeds are reflected as going to her on the 1099.

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1 Answer | Asked in Business Law for New York on
Q: What happens if a director is voted off a board by other directors of a voting membership. NYS

Directors are voted in by voting members.

Mathew Paulose
Mathew Paulose answered on Nov 18, 2019

Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board?... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Do I allow child to sleep in room with double beds with 2 adults ? Am I aim violation?

There’s a section about estranging child from , making disparaging remarks, or make derogatory statements about existing significant other .

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 17, 2019

Your question does not give enough information for an answer. We have no idea of the age or sex of the child nor who the adults are. As to the "section" you refer to, it has nothing to do with sleeping arrangements.

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can I force refinance of mortgage, without divorce decree?

Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You have no options. Should have done a divorce decree. You can sue for partition to force a sale, and get the mortgage paid off.

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1 Answer | Asked in Banking, Contracts and Family Law for New York on
Q: My neighbor who has no family passed away and my family wants to claim the body. Is there any way to Access her money?

The money would be used to pay for her funeral and what not

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Not immediately for this. You can get it back later.

1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: Can an appointed trustee destroy the trust property given to him? If given promissory note, is he liable for face value?

A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... Read more »

1 Answer | Asked in Probate for New York on
Q: My aunt died, she had three brothers, one my dad, Richie,who also passed and Uncle john- Alive. Am I entitled to money?

My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be entitled... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Family Law for New York on
Q: Can one parent change the kids health insurance without the other parent’s consent?
John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

It depends on the Settlement Agreement, Court Order or Judgement of divorce

1 Answer | Asked in Immigration Law for New York on
Q: means tested public benefits in NY

Hello,

I am sponsoring an immigrant in NY and I saw the following for the affidavit of support " If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them". Are there any means tested... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

I would suggest you do not accept any public benefits if you are sponsoring or applying for any type of immigrant visa.

1 Answer | Asked in Real Estate Law for New York on
Q: We are buying a 5 acre lot that’s next to our home. Should we keep it separate or add it to our primary address?

We are purchasing this 5 acre lot that’s attached to our primary address. Part of the lot is residual. Our primary house has two acres with it that is residual and assessed for $42,000 just the land not the house. We don’t know if this will be our forever home and want to make a wise decision... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You are conflating real estate law, real estate tax law, and income tax law in a way that is creating an issue that is not an issue. If the adjoining land is a separate tax lot, you will pay two tax bills. You can consolidate tax lots, but the cost of doing so will outweigh the extra 50 cents... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Legal aid divorce

I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

They would be in the best position to advise you on that

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: how to pay judgment and notify court Paid in full with a bond,
Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Am I legally allowed to be the administrator or a co-admin of my grandfather's estate while his son (my uncle) is alive?

My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

You can object. As next of kin, he has priority, but the court can refuse him.

1 Answer | Asked in Collections for New York on
Q: If you pay at least something each month on a loan, can they still garnish your wages
Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Yes, unless you have an agreement to the contrary. Why would you pay anything without such an agreement?

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I get rid of a tenant without stating the reason. How do I start this?

The tenant is doing drugs in the appartment

Elaine Shay
Elaine Shay answered on Nov 13, 2019

Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?

Answers to these and other questions will determine your options...
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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Do I have legal grounds to be the administrator/representative or a co-admin/co-rep of my grandfather's estate and why?

My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your uncle has... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I was starting a business with a partner a few months later he step out now my landlord told me that my STDP isdouble

He told me that my credit is bad even thought I had pay him the 3 months of security deposit also he sent me a new bill saying I have not pay water for 11 months when when I show him my receipts and ask for my payments records he don’t want to show it to me

Mathew Paulose
Mathew Paulose answered on Nov 13, 2019

Greetings. Relationships with landlords are primarily governed by lease agreements. If you have one, please take your agreement to a lawyer. The lawyer will review it and the facts and provide you with a solution to your problem. Even if you don't have a lease agreement, the lawyer will be able... Read more »

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

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