Blog
State’s Court of Appeals Clarifies What Triggers a No-Contest Clause
Many people who want to be sure that their estate planning wishes will be honored include no-contest provisions in their wills and trusts. Also known as in terrorem clauses, these instructions are designed to deter beneficiaries from contesting the legality of a testamentary instrument by preventing someone who issues a challenge from collecting what was […]
Bill Aims to Establish Shared Parenting Presumption in New York
Around the country, states have taken different approaches as to whether laws governing child custody should encourage shared parenting. Generally, shared parenting jurisdictions start with a rebuttable presumption that parenting time should be split equally and legal custody should be granted jointly when parents who no longer live together. While this might sound ideal, there […]
Should You Change Your Plans Due to the Potential Reduction in the Estate Tax Exemption?
Many people associate prudent estate planning with the creation of a will or trust. However, no one should stop paying attention to estate planning once they’ve signed their documents. In some cases, life changes, such as a divorce, estrangement or new child, compel a shift in priorities. Other times, legal developments might justify revisions. When […]
State Reduces Number of Drunk-Driving Convictions Required for License Forfeiture
In New York and around the country, state legislatures continue to seek ways to reduce the incidence of driving while intoxicated. Penalties for motorists who operate a vehicle under the influence of alcohol or drugs have increased over time, and now there is a new focus on multiple offenders. A law recently enacted here makes […]
New York Launches Simplified Process for Uncontested Joint Divorces
For many years, New York was the last state that would not allow no-fault divorce. This forced many husbands and wives to make dubious allegations of misconduct against their spouses even when the truth was that it was simply for the best that the parties go their separate ways. Finally, in 2010, the state authorized […]
Injuries Frequently Caused by Wintertime Accidents
Wintertime brings an increased risk of slips and falls due to icy and snowy conditions, often leading to serious injuries. Understanding these common injuries and the importance of prompt medical evaluation and legal consultation is crucial for effective recovery and potential compensation. The following are some of the most common injuries suffered in winter accidents: […]
Bringing Up the Topic of Estate Planning With Your Parents
Talking to parents about estate planning can be a sensitive conversation, but it may become necessary. It involves planning not only for distribution of wealth upon death but also for providing for their well-being and guarding against the expenses of possible disability during their later years. Approaching this topic with empathy, respect and preparation will […]
Using Auto and Health Insurance Coverage for Accident Injuries
In New York State, individuals involved in car accidents can obtain reimbursement for the costs of injuries through their automobile and health insurance policies. The state’s no-fault insurance laws prioritize first-party coverage for medical and other expenses in many cases, while preserving the right to sue third parties in cases of serious injuries. This system […]
Understanding Your Right to Damages if Bitten by a Dog
In New York, victims of dog bites are often able to recover money damages, but there are important evidentiary requirements that must be met. New York follows the “one bite” rule, which holds a dog owner strictly liable under certain circumstances but also limits the type of damages that a victim can recover. The “one […]
The Most Prosecuted Illegal Drug Crimes in New York
New York’s drug laws are among the strictest in the nation, focusing on both punishing offenders and abating the opioid crisis. The illegal drugs most frequently prosecuted in the state include cocaine, heroin, fentanyl, methamphetamine and MDMA (Ecstasy). These drugs are often the targets of take-down operations aimed at distribution rings, but even simple possession […]
