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New Law Requires NY Judges to Consider Pets’ “Best Interests” in Deciding on Possession
New York has recently passed a law that greatly affects how household pets are treated in divorce cases. Judges are now required “to consider the best interest of a companion animal” in deciding which of the divorcing spouse takes possession. This is a significant development in New York domestic relations law and might be an […]
December 15, 2021 Posted in Family Law Tagged divorce, pet custody, pets, pets' best interests, property division Comments Off on New Law Requires NY Judges to Consider Pets’ “Best Interests” in Deciding on Possession
How to Write a Will That Can Survive a Probate Contest
A will is an essential part of estate planning. It contains your core instructions for the management and distribution of your property upon your death. However, even a carefully written will may be subject to challenge by your heirs or other interested parties. With this in mind, you can take certain steps designed to ensure […]
November 15, 2021 Posted in Estate Planning Tagged beneficiary, no contest clause, probate, wills Comments Off on How to Write a Will That Can Survive a Probate Contest
Common Vacation Accidents and the Injuries They Cause
People enjoying themselves on vacation are likely to be more relaxed, less cautious and consequently more prone to accidents. In addition, recreational activities can present special hazards that a vacationer is not accustomed to. Therefore, an ounce of caution goes a long way towards minimizing the risk of injury. Whether traveling or spending time at […]
October 15, 2021 Posted in Personal Injury Tagged property maintenance, vacation accidents, water activities Comments Off on Common Vacation Accidents and the Injuries They Cause
Defending Yourself Against a Hate Crime Charge in New York
A hate crime is one that is motivated by a victim’s perceived race, color, national origin, ancestry, gender, religious practice, age, disability or sexual orientation. When an offense is classified as a hate crime, the law provides for greater levels of punishment, known as penalty enhancements. New York hate crimes can be misdemeanors or felonies, […]
September 15, 2021 Posted in Criminal Defense Tagged criminal defense, hate crime, protected class Comments Off on Defending Yourself Against a Hate Crime Charge in New York
New York’s New Simplified Power of Attorney: How it Can Work for You
A new law taking effect in June 2021 makes it easier for New Yorkers to prepare and execute powers of attorney to delegate the handling of financial and legal matters to an agent. The law will make it easier for people to use POAs for multiple purposes, such as estate planning. Under prior law, the […]
August 15, 2021 Posted in Estate Planning Tagged durable power of attorney, estate planning, simplified power of attorney Comments Off on New York’s New Simplified Power of Attorney: How it Can Work for You
How Easing of COVID Rules is Affecting the NY Family Courts
As COVID-19 swept the country, court operations in New York came to a virtual standstill under lockdown orders. In-person trials, conferences and hearings were postponed indefinitely. Despite the innovative use of videoconferencing technology for some proceedings, case dockets swelled as new cases were being filed and older cases were on hold. Now, as schools, restaurants […]
July 15, 2021 Posted in COVID-19, Family Law Tagged child support, COVID-19, custody arrangements, family courts, pandemic Comments Off on How Easing of COVID Rules is Affecting the NY Family Courts
Pros and Cons of Revocable Living Trusts in Estate Planning
A revocable living trust can be an effective method of distributing property to your intended beneficiaries without need of a probate proceeding. A trust is traditionally an agreement between two parties — the grantor and the trustee — directing how property is to managed and for whose benefit. But a living trust allows you be […]
June 15, 2021 Posted in Estate Planning Tagged assets, estate planning, revocable living trusts Comments Off on Pros and Cons of Revocable Living Trusts in Estate Planning
How Does a Spouse’s Wasting of Marital Assets Affect a Divorce?
When it comes to dividing property in a divorce, New York is an equitable distribution state. Most of the assets and debts acquired by either spouse during the marriage are considered marital property and are divided fairly, though not necessarily equally. The judge will take various factors into consideration in making an equitable distribution, such […]
May 15, 2021 Posted in Family Law Tagged adultery, divorce, equitable distribution, wasteful dissipation of assets Comments Off on How Does a Spouse’s Wasting of Marital Assets Affect a Divorce?
Leaving Property to “All My Children” is Not so Simple
As a parent, a major reason you should make a will is to ensure that your children are provided for — whether they are minors or adults at the time of your passing. However, leaving property to your children is not as simple as it may appear. Careful attention must be paid to the wording […]
April 15, 2021 Posted in Wills & Probate Tagged grandchildren, mirror wills, stepchildren, surviving children, surviving spouse, trustee Comments Off on Leaving Property to “All My Children” is Not so Simple
Using Living Trusts to Avoid or Minimize Probate
Anyone who owns a real estate, has substantial bank accounts and investments or possesses other valuable property needs to consider the possibility that these assets will go into probate — the legal process that decides how a decedent’s estate will be distributed at death. Probate can be expensive, time-consuming and prone to complications. Fortunately, there […]
March 15, 2021 Posted in Wills & Probate Tagged living trust, pour over will, Probate process in New York, revocable trust, small estate affidavit Comments Off on Using Living Trusts to Avoid or Minimize Probate
