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New York Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: I have a real estate worth $850.000 in Long island city, NY. How much tax my kids and spouse has to pay when i pass away
David Ostrove
David Ostrove answered on Feb 27, 2020

Your kids pay no estate tax. Your exemption will more than cover $850,000.

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2 Answers | Asked in Real Estate Law for New York on
Q: I am looking at putting someone on the deed to my house, I do not have a mortgage . I also need to update my will.

I Am looking for information on putting someone on my house, and updating my will. I realize they are separate issues but would like to take care of at the same time. I am in Erie County NY

Michael David Siegel
Michael David Siegel answered on Feb 26, 2020

The two have nothing to do with each other. The deed and will are separate. A deed is permanent. There is no way to revoke the transfer later. However, there are structures like a trust you can use to accomplish what I think you want to accomplish.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Do I have to file a 2nd Eviction order if my tenant doesn't move out ?

My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled to move... Read more »

Elaine Shay
Elaine Shay answered on Feb 24, 2020

The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC

1 Answer | Asked in Real Estate Law for New York on
Q: How many days does a court have to give you a notice to appear in court ?
Tim Akpinar
Tim Akpinar answered on Feb 24, 2020

It could depend on what the matter involves and what the judge chooses. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: I am a owner of a condominium. The community is being sued. Do we as owners have a right to know. Board say no

Do they have a right to withhold this information from the owners

Michael David Siegel
Michael David Siegel answered on Feb 21, 2020

You have a right to see books and records of financial information. But cases are public. Type it in the computer and look it up.

1 Answer | Asked in Real Estate Law for New York on
Q: How many days does it take a court to make a court appearance?
Tim Akpinar
Tim Akpinar answered on Feb 20, 2020

It could depend what the matter involves and what a judge ordered. Some timelines are set forth in the CPLR. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: My daughter fell & fractured her tibia. My bldg is asking what, where & when it happened. Do they have the right to ask?

I'm not filing a claim. My daughter was playing with something she shouldn't have been so it was an unfortunate accident.

Tim Akpinar
Tim Akpinar answered on Feb 18, 2020

They could assert that their right to request such information arises in their insurance coverage or standard operating procedures. It protects their interests if a claim should arise in the future. It also has the incidental benefit of serving the injured by establishing that an accident and... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can I file a quit claim on property in Puerto Rico with out going to Puerto Rico?
Tim Akpinar
Tim Akpinar answered on Feb 12, 2020

You might want to repost this under Puerto Rico, as it appears to be something that a real estate attorney who practices in that jurisdiction would be most familiar with. You'll see Puerto Rico when you click "more states," below Washington, DC, in the third column. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: I am a commercial real estate broker. My buyer & seller clients are attempting to circumvent my broker fee.

upon request, yes

Months of emails, in person meetings, calls and text messages

onsite inspections, letter of intent submission

I have everything I would need to prove I am the procuring cause

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

So you can sue. You can also get a lien on the property itself. Requires a Supreme Court action.

1 Answer | Asked in Real Estate Law for New York on
Q: How do the new rent regulation laws affect a corporate lease to a nonprofit organization?

If I want to lease the whole vacant building to a nonprofit how can we ensure that the potential tenants won't become stabilized?

Adam Leitman Bailey
Adam Leitman Bailey answered on Feb 5, 2020

If the building is operating under a municipal contract to provide housing to the homeless, then the tenants are exempt from rent stabilization. If there is no municipal contract, however, it is subject to rent stabilization unless otherwise exempt. One of those exemptions is where a charitable... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: renting 1st fl West Harrison, NY, 3 family house. Renewed verbally for 3rd year and verbally & text message for 4th yr.

I am currently renting in a West Harrison, NY, 3 family house.

I have Always paid my Rent, by check,Before it was due.

My original lease was for 2 yr with an option to renew for a 3rd year.

We renewed for 3rd year Verbally.

We renewed verbally & by text for the 4th... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 31, 2020

No. It must be in writing.

1 Answer | Asked in Real Estate Law for New York on
Q: Can I legally break lease if roommate violated lease?

I signed a lease with a roommate for one year starting Jan 2020. It is now 20 days in, and I am planning on moving out and not paying rent(which in turn does break lease) but the reason being is because roommate is violating the lease by subletting to her boyfriend and I do not feel comfortable.... Read more »

Elaine Shay
Elaine Shay answered on Jan 21, 2020

since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: Ex girlfriend on the title house

Hello I bought a house 15 years ago for $350K. The down payment was $35K and he paid for it with my own money. I put my girlfriend on the house title.I paying the mortgage. We broke up 5 years ago.I take care of this house. I did remodeling.

We were together for almost 20 years but she... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 19, 2020

She has a right to half the house, but you are entitled to credits for what you paid. If you cannot get her to sign a deed to you for her half, you have to bring a partition case.

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3 Answers | Asked in Real Estate Law for New York on
Q: Four years ago my aunt left my sister-in-law as power of attorney that the house gets spilt by the kids .

So now my aunt is 90 years old they shipped her to Italy and they sold her house and my kids never got their share that the Aunt promised them. I have it on video tape that the end gave a testimony to She said that she always had this paperwork in her safe at the bank but my sister-in-law ripped it... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

A power of attorney may allow a person to sell real estate why the person is alive. If someone promises to split a house once they die that falls under probate and a power of attorney has no effect.

If the power of attorney specifically stated proceeds were to be split there may be grounds...
Read more »

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2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can my sister get half of the money from a house that was sold by her separated husband behind her back in divorce?

My sister is currently going through a terrible divorce, the man cheated and disappeared for 4 years after a 20 year marriage leaving my sister to take care of their house for 4 years straight. She handled all the bills (with his money from their joint bank account) but told him before everything... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 15, 2020

Your post makes ownership of the house unclear. If the house was owned by the husband alone, and there was no pending divorce, he can sell it.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: What rights do I have as a buyer? The seller has been dragging his feet on closing. It’s been 4 months since we signed.

We signed contracts for a home in the middle of September (tentative closing date was October 15th). Had our mortgage commitment by mid October. As we’re waiting on a closing date, seller notifies us that their underground tank has a leak, town is involved, and they’re correcting the issue. We... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 14, 2020

I disagree with your lawyer. Time of the essence letter is required as a predicate to anything else. Then, you can bring a specific performance action and charge them with the fees.

1 Answer | Asked in Real Estate Law for New York on
Q: A modification document was filed in county records on wrong property. How do I remove mod from the wrong property?
Michael David Siegel
Michael David Siegel answered on Jan 13, 2020

It may not be relevant if it was an obvious error. A corrected document has to be filed. It is done electronically. Who are you to the deal?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How do I get an “occupant” (per lease agreement) to move out of my apartment?

My ex-girlfriend is an “occupant” on my apartment lease (via a lease rider). She refuses to move out now that we have broken up. Can I give her a written notice period to get her to move out after a certain number of days? If not, is there another process to get her out of the apartment?

Michael David Siegel
Michael David Siegel answered on Jan 11, 2020

You need to get a court order to evict her. Or, let your landlord do it.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to the... Read more »

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