Cohen & Lombardo, P.CHow retirement accounts are divided in NY divorces2020-03-23T21:44:00Z2020-03-23T21:44:00Z<h2 style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px; margin-block-start:1em; margin-block-end:1em;">
Considering the factors that go into asset division
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What accounts qualify for division?
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Planning for your new life
</h2>Later life divorces come with unique challenges when it comes to asset division. Pursuing a divorce after many years of marriage is a daunting task, especially when concerns over your future finances might make you even more apprehensive. One of the common complications of asset division during such divorces involves retirement accounts and pension plans. Considering the factors that go…5 reasons your estate plan may need updating2020-02-25T18:51:00Z2020-02-25T18:51:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://www.fidelity.com/life-events/estate-planning/update-estate-plan">
regularly check your plan
</a>
</p>
</div>You’ve made the smart decision to create an estate plan early in life. If anything should happen to you, your family won’t have to make tough decisions or go through a difficult court process. Your plan can protect them from losing out on your income while transferring your assets smoothly. However, the circumstances of your life are not set in…Why is forgiveness vital in divorce?2019-11-19T17:43:00Z2019-11-19T17:43:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/forgiveness/art-20047692" target="_blank">
forgiving your partner
</a>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://www.divorcemag.com/blog/6-steps-to-forgiving-your-former-spouse-for-good" target="_blank">
learning to forgive your former spouse
</a>
</p>
</div>A couple may choose to end their marriage for a variety of reasons. You and your partner might no longer love each other. Or perhaps infidelity crept in between you, you find it impossible to agree on financial decisions or your careers are pulling you in different directions. No matter your reasons for dissolving your marriage, you might feel betrayed,…Co-parenting tips: How to make sure you’re putting your children first2019-10-03T16:41:00Z2019-10-03T16:41:00Z<h2 style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px; margin-block-start:1em; margin-block-end:1em;">
Maintain a boundary between the divorce and the children
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<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://smartcouples.ifas.ufl.edu/divorceremarriage/divorcing-with-mutual-respect-/healthy-coparenting-after-divorce/" target="_blank">
pieces of advice
</a>
</p>
</div>
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Communicate, communicate, communicate
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<p style="margin:0px;">
<a href="https://www.helpguide.org/articles/parenting-family/co-parenting-tips-for-divorced-parents.htm" target="_blank">
Some suggestions for effective communication
</a>
</p>
</div>
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Remember it's not a competition
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Establish - then respect - the rules
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Focus on quality over quantity
</h2>A divorce, no matter how amicable, is a tectonic shift in your family life. The underlying structure of the day-to-day has been altered, and even little things will change. Amidst all this, however, is one thing you do not want to see impacted: the well-being of your children. While co-parenting after a separation comes with challenges, it is certainly not…When can a parent seek a child support modification?2019-07-05T05:00:00Z2019-07-05T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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When two New York parents decide to separate or end their marriage in divorce, they will have to make many difficult decisions about how they will continue to provide for and love their children. Some of their decisions will focus on child custody, such as where their kids will live and how the parents will make choices about raising them. Other decisions will address their children's financial needs.
</p>
</div>
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Child support is the financial maintenance that parents pay to ensure their kids have what they need to live. Both of a child's parents are expected to provide money to support them even if their relationship with their spouse has ended, and parents who do not have custodial rights often provide more child support than parents who are responsible for their children's day-to-day needs. Child support is either ordered by the courts or agreed to between parents and once support plans are adopted they must be followed.
</p>
</div>
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However, as time passes families may find that their child support plans are insufficient to meet their children's needs. A child may need more support than originally established in their order, or a parent's capacity to provide support may diminish if they lose their job. When changes in circumstances occur, parents can petition the courts to establish new child support parameters, so that they can continue to support their kids.
</p>
</div>
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Violations of child support agreements and orders can result in penalties against parents who have not kept up with their payments.
<a href="https://family.findlaw.com/child-support/child-support-modification.html" target="_blank">
Modifications
</a>
can help parents stay on track as they work to support their kids.
<a href="https://2371757.findlaw2.flsitebuilder.com/family-law/">
Family law and divorce
</a>
attorneys can help individuals hoping to change their child support orders and agreements with completing this important process.
</p>
</div>When two New York parents decide to separate or end their marriage in divorce, they will have to make many difficult decisions about how they will continue to provide for and love their children. Some of their decisions will focus on child custody, such as where their kids will live and how the parents will make choices about raising them.…A charitable trust as an estate planning tool2019-06-27T05:00:00Z2019-06-27T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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Trusts are useful estate planning devices that allow New Yorkers to pass their property to others without the burdens and costs of having it go through probate. While it is often the case that individuals set up trusts to support themselves and their family members, from time to time estate planners wish to benefit charitable organizations through their end of life planning. In this capacity, charitable trusts can be helpful to implement.
</p>
</div>
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A
<a href="https://estate.findlaw.com/trusts/types-of-trusts.html" target="_blank">
charitable trust
</a>
is a trust that benefits a charity. They are often set up as charitable remainder trusts. Under this scheme, a trust creator may establish a trust through which their needs are taken care of during their lifetime. Then, when they pass away, the remainder of their trust would be passed onto the charity that they have named.
</p>
</div>
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Charitable trusts can help estate planners meet many of their goals. Aside from allowing their generosity to have an outlet in their end of life planning, charitable trusts may have positive financial outcomes as well. When estate planners establish and use charitable trusts they may reduce the overall size of the estates and avoid some of the taxes that may be imposed on larger collections of assets and wealth.
</p>
</div>
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Choosing a charity to benefit through a charitable trust may be a special process for an individual who wishes to give through their
<a href="/estate-planning-probate/">
end of life estate
</a>
. When it comes to creating such a trust, however, estate planners can benefit from seeking legal guidance and support. Estate planning attorneys can help individuals ensure that the requirements of their trusts are met so that they effectuate the estate planner's wishes and desires.
</p>
</div>Trusts are useful estate planning devices that allow New Yorkers to pass their property to others without the burdens and costs of having it go through probate. While it is often the case that individuals set up trusts to support themselves and their family members, from time to time estate planners wish to benefit charitable organizations through their end of…Is spousal support a part of every divorce?2019-06-25T05:00:00Z2019-06-25T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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While the topic of divorce may be familiar to readers of this New York legal blog, the specific nature of individual divorces can be very different. That is to say, the resolution of one divorce and its related family law issues may be very different than the resolution of similar topics in another divorce. The unique factors and circumstances of each divorce will dictate when and how it will conclude.
</p>
</div>
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For example, not every divorce will involve
<a href="https://family.findlaw.com/divorce/spousal-support-alimony-basics.html" target="_blank">
spousal support
</a>
negotiations. Spousal support is intended to provide a financially dependent party with financial help from their ex so that they may be able to provide for themselves in the future. In some cases spousal support may be a short-term obligation between former marital partners, but in other cases it may be long-term.
</p>
</div>
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In some situations spousal support may not be necessary. If both of the parties to a divorce have jobs and are able to provide for their own post-divorce needs, then the spousal support may be left out of the parties divorce negotiations. However, if one party claims that they will need spousal support once their marriage is over, the divorce court will look into whether that claim should be validated with a judgment.
</p>
</div>
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Parties to divorce proceedings can agree to spousal support arrangements and these agreements can become part of their divorce resolution. Readers are encouraged to talk to their
<a href="/family-law/">
divorce and family law
</a>
attorneys about whether spousal support will be necessary for them to pursue in their legal proceedings. This post does not advocate for any legal position or offer legal advice to its readers.
</p>
</div>While the topic of divorce may be familiar to readers of this New York legal blog, the specific nature of individual divorces can be very different. That is to say, the resolution of one divorce and its related family law issues may be very different than the resolution of similar topics in another divorce. The unique factors and circumstances of…Navigating aggressive custody battles2019-06-23T05:00:00Z2019-06-23T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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As a parent, you are biologically programmed to be protective of your child. When you are facing the prospect of dividing time with them or losing touch with them, this can be extremely scary. It is natural to feel anger and panic in this situation. However, it's likely that these emotions will be of little help to you. Instead, you should try and remain calm while thinking logically about maximizing your chances of success.
</p>
</div>
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If your ex is aggressively fighting a custody battle, it is important that you make sure that the law is on your side. In the majority of circumstances, the child custody courts want to ensure that both parents have a good relationship with their child. You should not be overly concerned unless your ex is making serious claims against you. The following are some strategies for navigating an aggressive custody battle.
</p>
</div>
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<b>
Don't add fuel to the fire
</b>
</p>
</div>
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If your ex is using aggressive language or trying to provoke you, you should stand your ground without retaliating. It may be the case that your ex wants to spark emotion from you. Any aggressive action on your part will only add fuel to the fire, creating an even tougher process.
</p>
</div>
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<b>
Focus on the child's best interests
</b>
</p>
</div>
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As long as you are aligning your petition with what you would regard to be in the
<a href="https://family.findlaw.com/child-custody/how-child-custody-decisions-are-made.html" target="_blank">
child's best interests
</a>
, it is likely that you will be successful. The courts always make child custody decisions based on what they would consider to be in the best interests of the child. This means that they want to protect children from all abusive situations while promoting healthy relationships and a strong routine.
</p>
</div>
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<b>
Let the courts figure out the truth for themselves
</b>
</p>
</div>
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By giving the courts no reason to see you as a bad parent, you should be able to trust that they will come to a just and fair conclusion, even if your partner is making claims about you. It's important that you focus on simple things such as punctuality and a good understanding of the legal procedure.
</p>
</div>
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<p style="margin:0px;">
If you want to ensure that you
<a href="/family-law/child-custody-visitation/">
keep custody of your children
</a>
in New York, it is important that you take action to understand how to successfully do this.
</p>
</div>As a parent, you are biologically programmed to be protective of your child. When you are facing the prospect of dividing time with them or losing touch with them, this can be extremely scary. It is natural to feel anger and panic in this situation. However, it’s likely that these emotions will be of little help to you. Instead, you…Laws surrounding intestate succession in New York2019-06-19T05:00:00Z2019-06-19T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-4-1-1.html" target="_blank">
Intestate succession
</a>
refers to the process of distributing a decedent's estate when the decedent does not have a will. As our readers are aware, a will is an important testamentary document that provides guidance on how the assets and property of a person's end-of-life estate should be distributed once they have passed on. While a will gives a person control to make important decisions about their wealth and property, the absence of one give these powers to the state.
</p>
</div>
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A person who dies without a will generally has their estate assets pass to their spouse and children. Their spouse will take $50,000 of the estate plus half of the remainder, and the decedent's children will take the other half. If a person dies without a spouse, their children will take their whole estate and, if they die without kids, their spouse will take their whole estate.
</p>
</div>
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Things become more complicated when a person dies without kids or a spouse. Next in line will be their parents, and if they have no parents living then the decedent's estate may pass to their siblings. Intestate succession generally climbs up the family tree and down the nearest branches to give decedents' estates to their most closely-related relatives.
</p>
</div>
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While some of our readers may find comfort in knowing the laws of the state will still benefit their loved ones if they die without wills, individuals can exert much more control when they plan for how to distribute their own property and wealth. To avoid having one's estate distributed by intestate succession, a reader can get more information about
<a href="/estate-planning-probate/">
estate planning
</a>
options.
</p>
</div>Intestate succession refers to the process of distributing a decedent’s estate when the decedent does not have a will. As our readers are aware, a will is an important testamentary document that provides guidance on how the assets and property of a person’s end-of-life estate should be distributed once they have passed on. While a will gives a person control…Establishing a health care power of attorney2019-06-12T05:00:00Z2019-06-12T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
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A previous post here discussed the importance of including durable powers of attorney in the
<a href="/estate-planning-probate/">
estate plans
</a>
of Buffalo residents. In review, a
<a href="/blog/2019/01/new-yorkers-may-want-to-execute-a-durable-power-of-attorney/">
durable power of attorney
</a>
gives a named party the right to make financial decisions on the part of another person who is unable to do so due to incapacity. Incapacity can happen to anyone at any time. An accident or unexpected illness may leave an otherwise healthy individual without the power to take care of their own affairs.
</p>
</div>
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Similarly, individuals may also want to consider creating health care powers of attorney which are also known as a health care proxies. Like a durable power of attorney, a health care power of attorney gives decision-making rights to a named party as an agent. However, through this form of estate planning document, the powers granted to the named party revolve around the medical care of the incapacitated person, not their money and assets.
</p>
</div>
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When incapacity occurs, it may be unclear to the affected person's family members what they want done to treat them. While some people want all life-saving and life-prolonging actions to be taken, others may wish to have medical efforts stopped if it is clear that they will not recover from their impairments. A
<a href="https://estate.findlaw.com/living-will/healthcare-power-of-attorney.html" target="_blank">
health care power of attorney
</a>
or Health Care Proxy may explain these and other issues and give the power to enforce them to someone that the document's creator trusts.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Anyone can benefit from having a health care power of attorney in their estate plan. In order to begin the process of creating one, it is important to understand your own unique estate planning needs. Contact one of our attorneys to discuss what your options are and how you can benefit from this type of estate planning.
</p>
</div>A previous post here discussed the importance of including durable powers of attorney in the estate plans of Buffalo residents. In review, a durable power of attorney gives a named party the right to make financial decisions on the part of another person who is unable to do so due to incapacity. Incapacity can happen to anyone at any time.…New businesses in New York need legal support2019-06-10T05:00:00Z2019-06-10T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Many New York residents dream of starting their own businesses and becoming their own bosses. They may have envisioned futures in which they set their own goals, work their own schedules and enjoy their own profits. Not everyone who has these fantasies will follow through and create their own business entity, and not everyone who does will do so in a way that is sustainable.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Many new businesses fail within their first year of operations. Not many new businesses last for more than a few years. There are many reasons that businesses fail to find their footholds and not all new business owners understand the intricacies of running an entity with a corporate structure. For individuals who want to arm themselves with knowledge and know-how before starting up their dream businesses, it is important that they receive sound legal guidance.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
At our law firm, we offer our clients a wide range of
<a href="/other-practice-areas/corporate-law/">
banking, business and corporate
</a>
legal services. New business owners should undertake a variety of considerations before they open their doors; the right legal guidance is crucial.
</p>
</div>
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<p style="margin:0px;">
From choosing an organizational structure and selecting a name, to filing the appropriate paperwork to have a business legally recognized by the state, new business owners have many boxes to check before they may open their doors. At our law firm, we encourage our clients to take proactive steps to open their new businesses with confidence and success. With the right approach to legal issues, business owners may be able to help building a lasting model for their companies.
</p>
</div>Many New York residents dream of starting their own businesses and becoming their own bosses. They may have envisioned futures in which they set their own goals, work their own schedules and enjoy their own profits. Not everyone who has these fantasies will follow through and create their own business entity, and not everyone who does will do so in…What are the basics of contract under business law?2019-06-06T05:00:00Z2019-06-06T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Business law permits verbal contracts in many situations, but most businesses in New York rely on written contracts when making an agreement with another entity. Because contract formation is so integral to many businesses, it is important to understand what the elements of contract formation are, so that the final agreement is legally enforceable.
</p>
</div>
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<p style="margin:0px;">
First, a contract must contain a
<a href="https://www.thebalancesmb.com/basics-of-business-contracts-and-agreements-397811" target="_blank">
specific offer, acceptance and mutual consent
</a>
. The parties to the contract must agree to it without coercion and of their own free will, so it is important that the terms of the agreement are specific, and that the parties have a mutual understanding of the terms.
</p>
</div>
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In addition, there must be an exchange of "consideration" for a contract to be valid. Consideration is simply something of value. Two common forms of consideration include the exchange of money for goods or for services. Consideration must be given by both parties to the contract -- gifts do not constitute consideration.
</p>
</div>
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The parties forming the contract must be competent to do so. This means they understand what they are agreeing to under the contract. For example, a child cannot enter into a contract nor can a person who is intoxicated.
</p>
</div>
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Finally, the purpose of the contract must be legal. People cannot agree to a contract that ultimately has an illegal purpose. For example, an agreement to sell drugs will not be enforceable, because selling drugs is against the law.
</p>
</div>
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<p style="margin:0px;">
Keep in mind that if a contract is missing one of the elements discussed in the post, the contract is not illegal -- it simply means that it is unenforceable should one party claim it was breached.
<a href="/other-practice-areas/corporate-law/">
Business contracts
</a>
can be incredibly complex and may include elements not discussed here. Therefore, businesses looking to execute a contract may want to seek legal advice, which this post does not provide.
</p>
</div>Business law permits verbal contracts in many situations, but most businesses in New York rely on written contracts when making an agreement with another entity. Because contract formation is so integral to many businesses, it is important to understand what the elements of contract formation are, so that the final agreement is legally enforceable. First, a contract must contain a…Working out a parenting plan isn’t always easy, but must happen2019-05-27T05:00:00Z2019-05-27T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the most contentious issues for parents who are divorcing is what will happen with the children. Child custody matters can pit one parent against the other. When coupled with the negative emotions that come with divorce, there can be a lot of stress and difficulty involved in making the parenting plan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Unfortunately, you need to get the
<a href="https://www.ourfamilywizard.com/blog/7-strategies-overcome-conflict-co-parenting" target="_blank">
parenting plan
</a>
done quickly so that you are able to help your children adjust to the new way of life quickly. This will depend, in part, on your ability to negotiate and compromise with your ex. If this isn't going very well, there are some options that you might have to make the situation work.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Don't let the past creep up
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is often difficult to put your own feelings aside when you are dealing with your ex. When it comes to child custody, you need to stop thinking about what led to the divorce and focus solely on what the kids need to thrive. The only time that the past should come up is when there was something between your ex and your children that must be addressed. An example of this is if there were instances of abuse or neglect.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Keep an open mind
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Part of working out a
<a href="/family-law/child-custody-visitation/">
parenting agreement
</a>
is being able to work as a team. This might not be easy, and you might be convinced that your way is the best way to handle things. Even if that is true, you must go into the process with the mindset that you will compromise. If you need time to think about an option, take a few minutes or longer to look into the pros and cons of the situation. You might not have that luxury for important decisions or ones that need to be made quickly.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Prepare for court in Buffalo
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are cases that just can't be resolved through negotiations. In these instances, you should prepare for court. This is likely going to be more stressful than working something out together.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Regardless of how the matter is handled, you and your ex will need to be respectful to each other so that you can successfully live as a parenting team. Not only can this help to keep your own stress down, it can also help your children to adjust since they won't have to witness battles between you and your ex.
</p>
</div>One of the most contentious issues for parents who are divorcing is what will happen with the children. Child custody matters can pit one parent against the other. When coupled with the negative emotions that come with divorce, there can be a lot of stress and difficulty involved in making the parenting plan. Unfortunately, you need to get the parenting…How can financial infidelity affect a couple’s marriage?2019-05-23T05:00:00Z2019-05-23T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is a leap of faith to decide to marry another person. While love can get a couple pretty far in life, the partners to a union must also have a confidence in each other's power to make decisions that will support their shared and familial interests. When trust issues arise in Buffalo marriages, it can take a lot of work for the partners to get their marriages back in order.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Different problems can cause the solid foundations of a marriage to crumble, and it is an unfortunate truth that money is often the root of those problems. When the partners to a marriage have different spending habits or disagree about how to financially plan for their future, they may discover that they cannot stay married to each other. One financial problem that affects many American couples is financial infidelity, and it entails exactly what readers may expect.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://www.npr.org/2019/04/29/716452865/keeping-money-secrets-from-each-other-financial-infidelity-on-the-rise" target="_blank">
Financial infidelity
</a>
involves deceit between partners with regard to money issues. It may happen when a person lies to their spouse about how much money they spend, or it may happen when a person takes on debts without their spouse's knowledge. Financial infidelity can break the trust and confidence that partners have in each other and getting past such problems can be impossible for some individuals.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Money issues like financial infidelity are often the causes of divorces for New Yorkers. When partners cannot work together to plan for how their money is used, they may lose confidence in their ability to find common ground with their partners on other issues. A lack of confidence in one's spouse may cause a person to want to make a change, and when divorce is on the table individuals can discuss their questions with trusted
<a href="/family-law/">
divorce and family law
</a>
attorneys.
</p>
</div>It is a leap of faith to decide to marry another person. While love can get a couple pretty far in life, the partners to a union must also have a confidence in each other’s power to make decisions that will support their shared and familial interests. When trust issues arise in Buffalo marriages, it can take a lot of…Why pets should be included in your estate plan2019-05-16T05:00:00Z2019-05-16T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When most people sit down with an attorney to write their will, they consider which family heirlooms and other physical objects they'd like to pass on to family members. However, in making plans for minor children, your estate and your assets, it's important not to leave out a very important member of the family -- your pet!
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Here are a few reasons why it's important for pet owners to include their pets in their will.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Pets are considered property
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Many people may not realize it, but pets are considered a person's property by law. That means if you select a guardian to care for your minor children in
<a href="/estate-planning-probate/">
your will
</a>
, your pet wouldn't necessarily go with your children unless you grant the guardian this asset explicitly.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Similarly, if you leave most of your estate to one person, keep in mind that this person will also receive any pets you have if you fail to make any specific provisions stating otherwise.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Choosing the best pet parent
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If your pets should outlive you, it's important to consider who would be the best caretaker for them. In some cases, this may not be a relative. For example, if you own a bird and your family members live out of state or are unfamiliar with the animal, they may not be a viable parent for your pet.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Once you've decided who would be the most sensible choice to care for your animal, you should discuss the prospect with them and be sure to get their permission before updating your will.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Covering the expense of pets
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
You may know which of your beneficiaries would be happy to care for your pet. However, you should also consider whether this person will have the financial means to do it. If, for example, your beneficiary has more children in the future or enters an unstable career, your animal could be sacrificed to a humane society.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
To avoid this, you can
<a href="http://www.nysba.org/Journal/2018/Aug/Pet_Trusts__An_Important_Planning_Tool/" target="_blank">
set up a trust for your pet
</a>
that allocates the new pet owner funds to cover the cost of food, medical appointments, dog-walker fees, grooming and more. This can also help your beneficiary feel more confident about the potential of taking on this new responsibility.
</p>
</div>When most people sit down with an attorney to write their will, they consider which family heirlooms and other physical objects they’d like to pass on to family members. However, in making plans for minor children, your estate and your assets, it’s important not to leave out a very important member of the family — your pet! Here are a…What types of child custody are there in family law and divorce?2019-05-09T05:00:00Z2019-05-09T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Breaking up a family because of a divorce can be hard on parents and hard on kids. New Yorkers may look for ways to minimize the impacts of divorce on their children, but often it is hard to completely prevent children from experiencing challenges as their family transitions. During a divorce a parent's commitment to their children's custodial needs is imperative to helping their children move into the future.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://family.findlaw.com/child-custody/child-custody-basics.html" target="_blank">
Child custody
</a>
involves two important sets of rights: physical rights that dictate who will have the child in their care and when, and legal rights to control how one's children are raised. Parents can share both forms of custody or both forms may be granted exclusively to one parent. Sometimes one parent will have sole physical custody of their kids while the other has visitation rights, but both parents will share legal custody over their children.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
How a family decides to split up their child custody responsibilities will depend on many considerations and when parents cannot work out their own custodial negotiations their divorce court may intervene. When it comes to child custody and other matters that concern children, courts look to protect the child's best interests when they make judicial determinations.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A parent who has physical custody of their child may have that child live with them at least some of the time. A parent who has legal custody of their child may be involved in making important decisions about how their child is raised. Case-specific questions about child custody and other related family law matters can be addressed by
<a href="/family-law/">
family law and divorce
</a>
attorneys.
</p>
</div>Breaking up a family because of a divorce can be hard on parents and hard on kids. New Yorkers may look for ways to minimize the impacts of divorce on their children, but often it is hard to completely prevent children from experiencing challenges as their family transitions. During a divorce a parent’s commitment to their children’s custodial needs is…What should be done to secure a business loan?2019-05-03T05:00:00Z2019-05-03T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Not every individual who wishes to start their own business has the financial capacity to do so without help. In New York and throughout the nation, new businesses are started and financed with the help of loans from different types of lenders. Getting a
<a href="https://smallbusiness.findlaw.com/starting-a-business/applying-for-a-loan-do-s-and-don-ts.html" target="_blank">
business loan
</a>
is not always easy, and this post offers some helpful guidance to those who may wish to prepare themselves for the process of applying for a loan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
First, a business start-up needs to have an accurate idea of how much money it will need in order to get it off of the ground. Lenders will generally not give businesses as much money as they want without justification about why these sums are required. Individuals should be prepared to come to loan meetings with accurate financial documents that reflect their businesses' needs and plans for growth.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Second, business owners should be prepared to discuss how they will repay their loans when they become due. This can include projections for profits and identifying sources of collateral that may be used to secure any loans that are issued for the business' growth. Put simply, preparation is the key to securing a necessary and important business loan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are many other considerations that should be reviewed before a person goes into a meeting with a prospective lender. To be ready for the issues that may arise in one's own business meeting, readers should secure their own legal counsel. This post is informative but provides no legal guidance; such assistance should be sought from trusted
<a href="/other-practice-areas/corporate-law/">
business law
</a>
professionals.
</p>
</div>Not every individual who wishes to start their own business has the financial capacity to do so without help. In New York and throughout the nation, new businesses are started and financed with the help of loans from different types of lenders. Getting a business loan is not always easy, and this post offers some helpful guidance to those who…Residency requirements for a New York divorce2019-04-25T05:00:00Z2019-04-25T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Not just anyone from anywhere can get a divorce in New York. In order to use the state's courts to end their marriages, individuals must meet
<a href="https://statelaws.findlaw.com/new-york-law/new-york-legal-requirements-for-divorce.html" target="_blank">
residency requirements
</a>
. The residency requirements that New York law impose on those who wish to use their services prevent non-residents from burdening the system and taking advantage of how New York applies its laws.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are several ways that individuals can meet the state's residency requirements. One way is by having been married in New York. If two people join in marriage within the borders of the state, then they may use the state's courts to get a divorce.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For couples who got married outside of New York, the residency requirement may be met by living together in New York as a married couple with at least one of the partners having lived in New York for at least a year before filing to divorce. Yet another way that couples can meet the residency requirement is by citing a grounds for divorce that occurred within the state, such as an act of adultery between one of the parties and a third party that occurred within New York's borders.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Finally, if either party to the marriage has lived in New York for at least two years then the partners may use the courts to get a divorce. Residency is only one of the many requirements that individuals must satisfy in order to end their marriages.
<a href="/family-law/">
Divorce
</a>
attorneys throughout the state can help their clients protect their rights and meet the necessary requirements for ending their marriage in the state of New York.
</p>
</div>Not just anyone from anywhere can get a divorce in New York. In order to use the state’s courts to end their marriages, individuals must meet residency requirements. The residency requirements that New York law impose on those who wish to use their services prevent non-residents from burdening the system and taking advantage of how New York applies its laws.…What should New Yorkers know about the probate process?2019-04-19T05:00:00Z2019-04-19T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are many legal concepts that people in New York may have heard of, but that may be somewhat confusing when it comes to understanding the details. One of those concepts is probate. Many people in Buffalo may have heard of this process and may know that it concerns the estates of decedents. Beyond that, however, people may be unsure of what probate really is.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://estate.findlaw.com/probate.html" target="_blank">
Probate
</a>
is a legal process that is initiated when a person passes away. It is the process that involves identifying the decedent's estate property and collecting it, so that it can be distributed to the decedent's heirs. During probate, a decedent's debts are paid off, creditors and heirs are found, and accounts are settled so that the decedent's estate can be processed, distributed and eventually closed.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Overall, probate may not sound like that bad of a thing. And it generally is not. Probate can, though, take months or even years to complete when challenges and questions arise concerning the decedent's heirs, assets and estate. While probate is resolving, a decedent's estate may be reduced due to costs, and therefore the decedent's heirs may receive less than they would have if the probate process had not taken place.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is not unusual for some individuals to attempt to avoid probate all together. These individuals may use certain testamentary devices and property ownership structures to ensure that their property and assets pass directly to beneficiaries without having to be probated. Achieving an estate that does not have to go through probate may be complicated, but it can be pursued with the assistance of
<a href="/estate-planning-probate/">
estate planning and probate
</a>
attorneys.
</p>
</div>There are many legal concepts that people in New York may have heard of, but that may be somewhat confusing when it comes to understanding the details. One of those concepts is probate. Many people in Buffalo may have heard of this process and may know that it concerns the estates of decedents. Beyond that, however, people may be unsure…Can I write my will myself?2019-04-18T05:00:00Z2019-04-18T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a target="_blank" href="https://www.aarp.org/money/investing/info-2017/half-of-adults-do-not-have-wills.html">
6 out of 10 Americans
</a>
don't have an estate plan. It's not that they don't care about how their family will have to handle their estate one day. Most of the time, people just don't know where to begin the process or how long it will take.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Can you just write down your wishes when the time comes or is there another way? Here are a few of the options you have for creating a will in New York.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Holographic wills
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A holographic will is a will that you write out by hand. Before typewriters and then computers came along, this is how all wills were made.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
But, today, handwritten wills are only valid in the state of New York if it is done by a member of the armed forces during an armed conflict, such as war or perhaps a police shootout. The will must also be entirely handwritten by this person, so it's not incredible likely or common for many reasons.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Oral wills
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
"Okay, well what if I just explain what I want to happen?" you may be asking. Oral wills, wills that are spoken aloud abide by the same parameters of a written will in New York. Unless you are a service member in armed conflict, your spoken wishes won't be honored by the courts.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
DIY wills
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A "do-it-yourself" will is a term popularly used to describe a last will and testament that can be made using an online service instead of an attorney. These packages are usually marketed as being a quick, easy and inexpensive way to outline your wishes.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, the money you save on this option might end up costing your heirs. Because a professional isn't helping you with the will individually, the online tools will likely produce a will that is too broad or too vague to use. This could make the entire will invalid, leaving inheritance up to intestate law.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Working with an attorney
</b>
<b>
on your will
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Writing, speaking or typing out your wishes won't result in a legitimate will and testament for your family to use. Thankfully, there's an easier, most secure alternative.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Working with an experienced attorney to create your will is the most sure-fire way to know that your family will have a legitimate reference point to look to after your passing. Before even beginning work on your estate plan, you can
<a href="/contact/">
conduct a short consultation
</a>
with a lawyer to learn more about what to include in a will and how long the entire process can take.
</p>
</div>6 out of 10 Americans don’t have an estate plan. It’s not that they don’t care about how their family will have to handle their estate one day. Most of the time, people just don’t know where to begin the process or how long it will take. Can you just write down your wishes when the time comes or is…Important factors during child custody determinations2019-04-17T05:00:00Z2019-04-17T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Although a divorce is ultimately about severing a marital couple's relationship, it can involve so much more. New York families that have worked through divorces understand that the process affects everyone in the divorcing couple's household, including the partners' children. Issues like child custody and support can therefore be both important and difficult for individuals to address when they decide to end their marital unions.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When it comes to child custody, courts look to many
<a href="https://statelaws.findlaw.com/new-york-law/new-york-child-custody-laws.html" target="_blank">
sources of information
</a>
to determine what actions and arrangements may serve the best interests of the child. They will assess if both or only one of the parents is suited to having the kids live with them, and they will investigate if violence or abuse has ever occurred between a parent and the children. Parents who are not emotionally capable of caring for their kids on their own may not be granted full custody of their kids if such arrangements may be detrimental to the children.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In New York a child may have the option of weighing in on where they will live after their parents go through a divorce. However, some children may be too young to be involved in this process or may lack the requisite capacity to have a say in this legal process, and readers should talk to their attorneys about whether this may be a consideration in their own custody proceedings.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Every child has different needs and during divorce proceedings, New York courts try to offer kids the best possible outcomes regarding their custody.
<a href="/family-law/">
Family law and divorce
</a>
attorneys can provide their clients with case-relevant guidance and information so that their clients can prepare themselves to do what is best for their children and their post-divorce needs.
</p>
</div>Although a divorce is ultimately about severing a marital couple’s relationship, it can involve so much more. New York families that have worked through divorces understand that the process affects everyone in the divorcing couple’s household, including the partners’ children. Issues like child custody and support can therefore be both important and difficult for individuals to address when they decide…Buffalo attorneys support local family law clients2019-04-02T05:00:00Z2019-04-02T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Divorces are not uncommon, but they can be highly stressful for New York families who are caught up in their proceedings. Even though divorces only dissolve the legal relationship that exist between two married people, other people such as the parties' children can feel the weight of the proceedings in their own lives. Because divorce can have far-reaching impacts on the lives of the parties and others, many New York residents look for ways to minimize the damages that can affect their families.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One step that individuals can take to protect themselves and their loved ones from the traumas of divorce is to associate with knowledgeable and trustworthy legal counsel. The law firm of Cohen & Lombardo P.C. has been serving the needs of Buffalo residents for more than 80 years and providing them with legal advice and support to work through the specific struggles that they face in their divorce proceedings. The attorneys of the firm are dedicated to protecting their clients' rights all while advocating for their legal needs and personal expectations.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Divorces can be complicated by many factors and individuals should be prepared to weather legal storms with supportive and zealous legal advocates. The attorneys of Cohen & Lombardo P.C. know how to fight for their clients' needs and know when to work toward negotiating with other parties to find peaceful resolutions to divorce differences.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Cohen & Lombardo P.C. is a local Buffalo law firm. that serves local Buffalo residents as well as others in New York. The firm's family law practice was established long ago and continues to provide legal guidance to members of the community. More information about how the law firm of Cohen & Lombardo P.C. can serve New Yorkers may be found online through the firm's
<a href="/family-law/">
family law and divorce
</a>
webpage.
</p>
</div>Divorces are not uncommon, but they can be highly stressful for New York families who are caught up in their proceedings. Even though divorces only dissolve the legal relationship that exist between two married people, other people such as the parties’ children can feel the weight of the proceedings in their own lives. Because divorce can have far-reaching impacts on…Where should I store my will?2019-03-29T05:00:00Z2019-03-29T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Since wills that are handwritten or spoken are only allowed in certain extreme situations, you'll more than likely go through the entire estate planning process with an attorney to procure your will.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
But, what happens next? Where should a will go to be both accessible and secure after you're gone?
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Is
</b>
<b>
my house
</b>
<b>
a safe place
</b>
<b>
?
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Those who are married may feel confident leaving their will in a safe place at home for their spouse. After all, you're more than likely to already have a place to store your other important documents, such as your birth certificate, social security information, banking information, bills, etc.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, keeping your will in your home may present challenges for the rest of your family if you and your spouse are both involved in an accident.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Wills are full of backup plans, so it's important to consider how other family members who do not live with you would know how to find your will. You should also consider investing in a lock box to secure the will and your other important documents in case of an intrusion, fire, flood or another potential threat.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Can I leave it with the attorney?
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There may be a retaining fee to keep your will safe with your attorney. However,
<a href="/estate-planning-probate/wills-trusts/">
leaving your will with your attorney
</a>
can be advantageous in the future if you decide to make updates to your plan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It can also be helpful for your beneficiaries if you select your attorney as the executor of your estate. With your will ready to go, the attorney can initiate the probate process much sooner.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
So long as you plan to keep working with your attorney, it's a good idea to leave a copy of your will with him or her at the very least.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
The
</b>
<b>
complications in using a
</b>
<b>
safe deposit box
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A safe deposit box is specifically designed to keep important items secure and safe from those who would tamper with them. However, using one for your will and testament will present your executor with a few hoops to jump through.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In order to gain access to a deceased person's
<a href="https://trten-my.sharepoint.com/personal/sami_johnston_thomsonreuters_com1/Documents/Documents/2019%20Assignments/03/3.22/Cohen%20&%20Lombardo,%20P.C/Things%20your%20executor%20should%20know.docx" target="_blank">
safe deposit box in New York
</a>
, you will need:
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Getting an order will involve paperwork, potential fees and a copy of the deceased person's death certificate. But, this could still be the most organized and secure way to store a will for families that are not living near one another.
</p>
</div>Since wills that are handwritten or spoken are only allowed in certain extreme situations, you’ll more than likely go through the entire estate planning process with an attorney to procure your will. But, what happens next? Where should a will go to be both accessible and secure after you’re gone? Is my house a safe place? Those who are married…Single adults in New York should have an estate plan in place2019-03-25T05:00:00Z2019-03-25T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a New York resident creates an estate plan, they may do so to ensure that their legal wishes are recorded in the event that they perish before their children are grown. A document like a will may provide guidance on who may take care of a person's kids if they become incapacitated or pass away. Trusts and other estate planning documents may be set up so that children are financially provided for even if their parents are not around to care for them.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Estate plans are therefore important to individuals who have spouses and families, but they should also be important to
<a href="https://www.forbes.com/sites/christinefletcher/2019/03/15/5-estate-planning-strategies-for-singles/" target="_blank">
single adults
</a>
who choose not to formalize their relationships or have children. A person who dies without an estate plan, regardless of whether they are married, may have their assets pass to relatives that they do not like per state intestacy statutes. Their property may become tied up in probate and may be depleted through the legal process of collection and distribution.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Single adults should prepare several important estate planning documents so that their wealth and assets are protected in the event that they pass on. They should prepare health care proxies and powers of attorney to give others the rights to make medical and financial decisions for them, and they should prepare wills that explicitly state where their assets should go upon their deaths. They may also set up trusts for particular purposes to meet their estate planning goals.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="/estate-planning-probate/">
Estate plans
</a>
are not just for the wealthy. They are not just for people with families. Single adults can benefit from having their own estate plans so that their wishes are recognized and honored with regard to the distribution of their end of life wealth.
</p>
</div>When a New York resident creates an estate plan, they may do so to ensure that their legal wishes are recorded in the event that they perish before their children are grown. A document like a will may provide guidance on who may take care of a person’s kids if they become incapacitated or pass away. Trusts and other estate…What is a sole proprietorship under business law?2019-03-19T05:00:00Z2019-03-19T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are a number of different ways that New York residents can choose to structure their businesses and a variety of factors that should be considered to determine what structures are best for their use. If more than one person will be involved in the business, a partnership may be appropriate for its establishment. If only one person will start and operate an entity, then a sole proprietorship may work for them.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A
<a href="https://smallbusiness.findlaw.com/incorporation-and-legal-structures/starting-a-sole-proprietorship-faq.html" target="_blank">
sole proprietorship
</a>
is a simple business structure. A business that is set up as a sole proprietorship must have a unique name and it must be fully permitted and licensed to do the work that the owner intends to do. However, unlike other business structures, sole proprietorships do not have to be registered with the state.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A sole proprietorship is connected to its owner, so the owner is not shielded from liability if the sole proprietorship cannot pay its debts. In other words, if a business set up as a sole proprietorship cannot pay its loans and incurs liabilities for its delinquencies, the business owner can be held personally responsible for those debts.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are advantages to setting up businesses as sole proprietorships. Tax obligations for them are relatively straightforward, and sole proprietorships can be turned into different business structures if they grow or have plans to expand. As with all business structure and
<a href="/other-practice-areas/corporate-law/">
business law
</a>
matters, it is important that readers seek the help of knowledgeable legal professionals. Individuals who work in this field of law can advise their clients on what business structure options may serve their needs and provide their new entities with opportunities to grow.
</p>
</div>There are a number of different ways that New York residents can choose to structure their businesses and a variety of factors that should be considered to determine what structures are best for their use. If more than one person will be involved in the business, a partnership may be appropriate for its establishment. If only one person will start…Does sentimental value matter in property division?2019-03-15T05:00:00Z2019-03-15T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Some people might give their left arm to keep an heirloom in the family -- even if it's not worth more than a few hundred dollars. Chances are you've got a thing or two that's worth more to you than it may be valued at.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
But, when it comes down divvying up assets in a divorce, the sentimental value may only make a difference in some situations.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Antiques
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Whether your ex started a collection or went antique hunting, they may have been told that the story behind their asset increases its value significantly. If this object came with an interesting history that can be proved, you may be able to claim that your ex is getting a higher value for the item than it would normally be worth.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
To determine this officially, you'll need to know how much it can sell for. Most courts would allow you to do this by using an appraiser to attest to the value of the item.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Heirlooms
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If you know that your ex would give you the 70 inch TV in exchange for a plastic toy he or she had growing up, you may feel tempted to use this in your negotiations. However, items that were gifted or inherited by your ex are considered separate property -- not marital property. That means the item would not be subject to property division.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Special items
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Either you or your ex may have other items that hold more sentimental value than monetary value. However, the two of you should be splitting your shared property in an equitable manner, according to their monetary value.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
That being said, you can make a case as to why something of sentimental value should come to you, instead of your ex, as long as they receive something of similar monetary value.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Pets
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Most pets hold more sentimental value than monetary value. According to the law, pets are property and should thus be given to one spouse or the other based on its monetary value.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, the courts can make some other considerations, such as who pays for the animal's care and who regularly tends to the animal's needs.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Have a plan
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The best way to go about handling property division is to
<a href="/family-law/">
go in with a plan
</a>
that includes your priorities, potential compromises and fallbacks. By working with an attorney ahead of time, you can go into property division with an understanding of what to expect. The attorneys at Cohen & Lombardo are prepared to help you come up with a plan.
</p>
</div>Some people might give their left arm to keep an heirloom in the family — even if it’s not worth more than a few hundred dollars. Chances are you’ve got a thing or two that’s worth more to you than it may be valued at. But, when it comes down divvying up assets in a divorce, the sentimental value may…Spousal support in New York can be single or ongoing payments2019-03-12T05:00:00Z2019-03-12T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The parties to a divorce must make several important decisions about how they will separate their lives and manage their ongoing shared responsibilities. Often those responsibilities relate to the care and support of children, but in some
<a href="https://statelaws.findlaw.com/new-york-law/your-new-york-divorce-the-basics.html" target="_blank">
New York divorces
</a>
the parties must determine if spousal support should be awarded. Spousal support is the payment of money from one person to their ex after their marriage is over, and is often referred to as alimony in other states.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Spousal support can look a lot like child support. It may be ordered to be paid each month on a set date and in a set amount. Those payments may last the entire lifetime of the recipient or they may be ordered for a shorter period of time if the spousal support is only meant to help the recipient get back on their feet financially after their divorce.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, spousal support can also be paid in a
<a href="https://family.findlaw.com/divorce/spousal-support-alimony-basics.html" target="_blank">
lump sum
</a>
. When a lump sum spousal support payment is ordered, the paying party provides their ex with a single sum of money and only once. As soon as that transfer of money is made, the paying spouse has fulfilled their obligation to the other and the recipient spouse is entitled to no more support from their ex.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Whether spousal support will be awarded and in what form are decisions that must be made based on the individual facts of unique
<a href="/family-law/">
family law
</a>
cases. A court may look at a number of different issues to decide just how best to serve the needs of the parties who arrive in their chambers to secure divorces. Those who want more information on spousal support or other family law topics can seek the professional guidance they need to better understand these issues.
</p>
</div>The parties to a divorce must make several important decisions about how they will separate their lives and manage their ongoing shared responsibilities. Often those responsibilities relate to the care and support of children, but in some New York divorces the parties must determine if spousal support should be awarded. Spousal support is the payment of money from one person…Are alternative forms of wills recognized in New York?2019-03-05T06:00:00Z2019-03-05T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In order to execute a valid will in New York a person must meet certain signatory and witness requirements. These requirements are in place to ensure that the wishes and rights of the testator -- that is, the person creating the will -- are protected and that duress and fraud do not play a role in the creation of their testamentary documents. However, in some extreme circumstances individuals may not be able to put together technically valid wills before reaching the ends of their lives. They may be able to execute
<a href="https://statelaws.findlaw.com/new-york-law/new-york-wills-laws.html" target="_blank">
holographic or nuncupative wills
</a>
that will be recognized as valid if certain circumstances exist.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A holographic will is one that is physically written out by the testator. For such a will to be recognized as valid in New York it must be drafted by a member of the armed services or a military support employee and that drafting must happen during a war or other active conflict. Additionally, mariners at sea may draft holographic wills.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Nuncupative wills may also be drafted by the same individuals and under the same sets of circumstances. A nuncupative will is an oral will in which the testator dictates their intentions regarding the disposition of their possessions and estate, and the making of the nuncupative will and its content are clearly established by two or more witnesses.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In the end, New York recognizes certain
<a href="https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-3-2-2.html" target="_blank">
alternative forms of wills
</a>
but only in limited circumstances and for a limited part of the greater population. Those who have questions about the validity of their will or other
<a href="/estate-planning-probate/">
estate planning and probate
</a>
topics may want to seek professional guidance. A poorly executed will may be open to challenges and may languish in probate due to preventable mistakes and errors.
</p>
</div>In order to execute a valid will in New York a person must meet certain signatory and witness requirements. These requirements are in place to ensure that the wishes and rights of the testator — that is, the person creating the will — are protected and that duress and fraud do not play a role in the creation of their…What does it mean under business law to take a business public?2019-02-26T06:00:00Z2019-02-26T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In recent years certain ubiquitous enterprises have "gone public" and have made their debuts on the stock exchange. However, for individuals in New York who are outside of the corporate world, the distinction between a private company and public company may not be clear.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Put simply, a private company is one that is held and controlled by a small number of people. A family business may be privately held, as may a bigger enterprise that is financed and managed by an individual or team of partners. In contrast, a public company is one in which many people may own shares of its worth and serve as stakeholders in the enterprise's management.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When an
<a href="https://smallbusiness.findlaw.com/business-finances/pros-and-cons-going-public.html" target="_blank">
entity goes public
</a>
it offers to the public the opportunity to buy shares of it in exchange for some control over how the entity is run. When the entity makes financial gains, shareholders may see the value of their ownership shares increase. When important corporate decisions must be made shareholders may have a voice in what happens with the entity.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Taking a private business public can be an overwhelming and complex legal process, with many steps that must be completed and regulations that must be satisfied. Individuals who are interested in exploring this option for their own enterprises are encouraged to discuss the advantages and disadvantages of doing so with their
<a href="/other-practice-areas/corporate-law/">
business law
</a>
attorneys. Not every business enterprise is well-suited to a public offering and individuals may be able to avoid some problems if they do their research before taking the journey down this path.
</p>
</div>In recent years certain ubiquitous enterprises have “gone public” and have made their debuts on the stock exchange. However, for individuals in New York who are outside of the corporate world, the distinction between a private company and public company may not be clear. Put simply, a private company is one that is held and controlled by a small number…Understand how child support fits into a New York divorce2019-02-18T06:00:00Z2019-02-18T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A divorce may offer its parties new beginnings for their lives, but before they can move on they must work through several family law issues that will establish their relationship in the future. Particularly if the parties share a child together, they will they have to decide where their child will live and how they will work together to support their child's financial needs.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Though all family law and divorce matters are different, it is often the case that when a child lives with one of their parents after a divorce, the other parent will pay
<a href="https://statelaws.findlaw.com/new-york-law/new-york-child-support-guidelines.html" target="_blank">
child support
</a>
to help with the costs of raising the child. These payments may be used for several costs related to the child's care, from paying the rent that provides them with housing to buying them the clothing, food and other necessities they require to live.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Child support is an obligation that may be created through an agreement or a court order. In either case, it will carry the weight of judicial authority if it is adopted into a final divorce decree and will bind a parent or both parents to certain financial terms regarding the future support of their kids.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The attorneys of Cohen & Lombardo, P.C., recognize that many parents want what is best for their children and therefore will work to ensure that they meet or exceed the obligations imposed on them by the courts. Child support is one of many important
<a href="/family-law/">
family law and divorce
</a>
issues that individuals must address when they choose to end their marriage, and the law firm of Cohen & Lombardo, P.C., is prepared to support their clients' needs as they meet those issues during their divorce.
</p>
</div>A divorce may offer its parties new beginnings for their lives, but before they can move on they must work through several family law issues that will establish their relationship in the future. Particularly if the parties share a child together, they will they have to decide where their child will live and how they will work together to support…How can New Yorkers benefit from a living trust?2019-02-11T06:00:00Z2019-02-11T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A living trust is a powerful testamentary tool that can help a Buffalo resident achieve many of their estate planning goals. While this post will address many of the advantages that individuals may derive from using living trusts, readers should note that not all estate plans may need or benefit from them and that all individuals should contact their trusted estate planning attorneys with their questions about the use of living trusts.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A
<a href="https://estate.findlaw.com/trusts/revocable-living-trust.html" target="_blank">
living trust
</a>
is a trust that is created during an individual's lifetime. Often individuals make their living trust revocable so that it can be changed or destroyed before the individual passes on. Living trusts can for some purposes take the place of wills but readers are again cautioned to seek their own counsel on the specific details of their own estate plans.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The benefits of living trusts are numerous. Living trusts do not go through the probate process. Instead, the property contained in a living trust will pass directly to the named trust beneficiaries. Living trusts can also ensure some level of privacy, because trusts are not public like the probate process.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Because revocable living trusts can be changed or cancelled, individuals can manage some control over how their property is managed during their lifetimes and can also make changes to their trusts when they wish should circumstances change. These are only some of the benefits that individuals may derive from the use of living trusts; more exist that can aid individuals in accomplishing their
<a href="/estate-planning-probate/">
estate planning
</a>
goals. Living trusts should be viewed as part of a comprehensive estate plan for many New York residents.
</p>
</div>A living trust is a powerful testamentary tool that can help a Buffalo resident achieve many of their estate planning goals. While this post will address many of the advantages that individuals may derive from using living trusts, readers should note that not all estate plans may need or benefit from them and that all individuals should contact their trusted…Regulations impose requirements on New York businesses2019-02-05T06:00:00Z2019-02-05T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Starting a new business in New York is a big undertaking. A person may have to line up commercial space and vendors, secure licenses and hire employees. They may formulate growth plans in order to get financing for projects and seek the advice of industry experts to avoid missteps that often befall new businesses. And top of all of that, they must also meet all of the legal and regulatory requirements that apply to their entity.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://smallbusiness.findlaw.com/business-laws-and-regulations.html" target="_blank">
Regulations
</a>
come from many parts of the government and can apply to many different business practices. For example, if a business will serve food and drinks, it must meet health and safety standards imposed by various regulatory groups. If a business will need to hire a staff, it must ensure that its workers are legally eligible to hold jobs and earn income.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Businesses that produce waste products may run into regulatory issues with regard to how those hazardous products are disposed of. If the business plans to expand its facilities, it may have to address regulatory restrictions on how the expansion may be built or if it will extend into protected environmental space.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Needless to say, regulations can affect practically every part of a business' operations, and the failure of a business to abide by those rules can cost it dearly. Staying on top of regulatory compliance can be a tough job for someone who is fighting to keep the doors of their new business entity open. It can be beneficial for a new business owner to seek the advice needed from a
<a href="/other-practice-areas/corporate-law/">
business law
</a>
professional to understand matters related to regulatory compliance.
</p>
</div>Starting a new business in New York is a big undertaking. A person may have to line up commercial space and vendors, secure licenses and hire employees. They may formulate growth plans in order to get financing for projects and seek the advice of industry experts to avoid missteps that often befall new businesses. And top of all of that,…What is a no-fault divorce in New York?2019-01-28T06:00:00Z2019-01-28T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In New York, individuals may pursue either no-fault or fault-based grounds for divorce. The grounds of fault that the courts recognize include cruel treatment of one spouse to the other, adultery, incarceration of one spouse for at least three years, and abandonment of one spouse by the other for at least a year. Of course, not all couples will have these serious issues existing between them. Therefore, many parties who decide to file for divorce will use the state's no-fault option to get it into the courts.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A
<a href="https://statelaws.findlaw.com/new-york-law/new-york-legal-requirements-for-divorce.html" target="_blank">
no-fault divorce
</a>
is one in which the parties cannot point to the actions of one to fully take the blame for the breakdown of their relationship. When a spouse is gone due to abandonment or incarceration, it is more obvious to note their transgressions against the other as reasonable grounds for letting the non-offender out of their legal relationship. In a no-fault divorce, the parties to the marriage may have simply decided that they would be better off apart and would like to end their marriage to pursue their own happiness.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In order to begin a no-fault divorce in New York, the parties to a marriage must live separate and apart for at least a year. That means that they must effectively end their interactions as a couple and live in separate spaces to solidify the breakdown of their marriage. A
<a href="/family-law/">
family law
</a>
attorney can help their clients better understand the separation element of no-fault divorces.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
New York residents must meet other standards in order to use the courts to end their marriages. It is important that a person has the best possible legal information before they begin the divorce process, and as such readers are reminded that this informational post is not to be read as legal advice or guidance.
</p>
</div>In New York, individuals may pursue either no-fault or fault-based grounds for divorce. The grounds of fault that the courts recognize include cruel treatment of one spouse to the other, adultery, incarceration of one spouse for at least three years, and abandonment of one spouse by the other for at least a year. Of course, not all couples will have…New Yorkers may want to execute a durable power of attorney2019-01-22T06:00:00Z2019-01-22T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Estate plans and the documents that are included in them often focus on what will happen to an individual's assets after they have passed away. These plans are undoubtedly important as they help to ensure that Buffalo residents' wishes are honored after they die. However, when drafting their estate planning documents New Yorkers may also want to include some plans for what should happen if they are alive but can no longer make decisions for themselves because they are mentally or physically incapacitated.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A
<a href="https://estate.findlaw.com/planning-an-estate/durable-financial-power-of-attorney.html" target="_blank">
durable power of attorney
</a>
is a tool that can benefit anyone. Through it, a person may identify another individual who has the power to make financial decisions for them if the document creator is incapacitated and is unable to make these decisions on their own. Illnesses, accidents and injuries can all cause individuals to lose their abilities to manage their own affairs, and the establishment of a durable power of attorney for financial purposes can help a person make sure that their financial affairs will be properly managed.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are specific rules that apply to the execution of durable power of attorney documents, and a person's estate planning attorney can help them with those. A durable power of attorney is an important component of a well-rounded estate plan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The end of a person's life is a time of great struggle and grief for those who know and love them. Creating sound
<a href="/estate-planning-probate/">
estate planning
</a>
documents like durable powers of attorney can help loved ones make responsible decisions about how their ailing relative would have wanted their financial affairs managed.
</p>
</div>Estate plans and the documents that are included in them often focus on what will happen to an individual’s assets after they have passed away. These plans are undoubtedly important as they help to ensure that Buffalo residents’ wishes are honored after they die. However, when drafting their estate planning documents New Yorkers may also want to include some plans…What will be considered in a child support hearing in New York?2019-01-14T06:00:00Z2019-01-14T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Family law and divorce proceedings can be complicated by many issues, but at their core the courts that handle these legal issues seek to protect the best interests of the children who will be affected by their decisions. That means that when it comes to matters of child custody and support, courts will look at many factors relevant to the parties and their children to make reasonable decisions. This post will address some of the factors that may be evaluated when courts consider requests for child support in general, but as with all legal matters readers should not use this post as a basis for any legal action regarding their own child support matters.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In New York a set of statutorily established
<a href="https://statelaws.findlaw.com/new-york-law/new-york-child-support-laws.html" target="_blank">
guidelines
</a>
provide a basic framework for how much child support a parent should be required to pay for the benefit of their child. However, it is possible for courts to allow for deviations from those guidelines if individual cases warrant such action. For example, if a child has special needs that require more financial support from a paying parent than is allowed through the guidelines, a court may raise the payments the parent is required to pay to accommodate the child's needs.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Also, a court can investigate the financial resources of the child's parents. If the child's custodial parent is more financially solvent than their noncustodial parent then the custodial parent may be required to carry a larger share of the child rearing costs. The child's standard of living, the parents' non-financial contributions to the child's life and other factors can be weighed when deciding how much child support should be paid.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Children should not be disadvantaged when their parents go through a divorce or separate. When
<a href="/family-law/">
child support
</a>
matters are under consideration, many factors will be considered to ensure that the child has what they need to live and satisfy their best interests.
</p>
</div>Family law and divorce proceedings can be complicated by many issues, but at their core the courts that handle these legal issues seek to protect the best interests of the children who will be affected by their decisions. That means that when it comes to matters of child custody and support, courts will look at many factors relevant to the…Important business law terms in a partnership agreement2019-01-08T06:00:00Z2019-01-08T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A partnership is a popular form of business structure for Buffalo residents to use when they are establishing their new business entities. A partnership requires more than one owner and generally will be governed by the partnership agreement that the partners make at the outset of their venture. This post will address some of the terms that a partnership agreement should include, but as with all legal matters, readers are reminded that independent legal counsel should be sought for advice on specific business law matters.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A
<a href="https://smallbusiness.findlaw.com/incorporation-and-legal-structures/write-a-partnership-agreement.html" target="_blank">
partnership agreement
</a>
should name the partners to the entity as well as the name that they have chosen for their venture. The agreement should dictate what authorities the partners have, and if there are any powers that they will not share who will hold each of those powers independently. Additionally, the agreement should make clear how the partners will profit from the successes of their entity or, if necessary, the partners will cover the losses of the partnership.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Many businesses anticipate growth, and therefore a partnership agreement should explain if and how new partners may be joined into the entity. It should also explain how the business will handle the leaving or death of a partner to it. As with all agreements, a partnership contract should provide guidance on how the partners may settle disagreements if they arise between those included in the venture.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Partnership agreements are extensive documents that govern the working relationships of the partners. They can be drafted with the assistance and oversight of
<a href="/other-practice-areas/corporate-law/">
business law
</a>
attorneys who understand the important elements that different business documents require in order to be successful.
</p>
</div>A partnership is a popular form of business structure for Buffalo residents to use when they are establishing their new business entities. A partnership requires more than one owner and generally will be governed by the partnership agreement that the partners make at the outset of their venture. This post will address some of the terms that a partnership agreement…Should you consider a prenuptial agreement?2019-01-03T06:00:00Z2019-01-03T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is hard to find the person you want to spend your life with. Now that you have, you feel lucky, and you cannot wait to start your life together. You have heard of prenups, but you are not sure it is the right decision for you and your future spouse. Here are four reasons to sign a prenuptial agreement.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Forces conversations about money
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the most common things couples argue about is money. Couples even split up over financial disagreements. When you
<a href="/family-law/marital-agreements/">
sign a prenuptial agreement
</a>
, you and your soon-to-be partner sit down and talk about money. You find out what your future partner owns, owes and his or her financial goals. You also reveal the same information. Creating a prenuptial agreement forces financial honesty from the beginning of your marriage, and it could prevent later arguments.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Protects certain assets
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
You may already own assets like a home, a retirement savings account or a treasured painting from your grandma. Separate property typically remains separate after a divorce. After you are married for some time, your assets start to co-mingle. You may have a hard time proving your treasured painting is solely yours. If you want to protect certain items, a prenuptial agreement can stipulate that.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Prevents an ugly divorce battle
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
You and your partner are not planning to divorce. However, it happens. By drafting a prenuptial agreement, you decide together about asset division. The court does not get to make these decisions. It also allows you to make these decisions now, while you are both calm and rational. It can prevent hard decisions that may lead to hurt feelings in the future.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Social media clause
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
So much of your life is lived online now. You share the fantastic burger you ate, the deal you got on those new boots and your new promotion. You also share the bad things like your never-ending flight delay and your car breaking down on your way home from work.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When people get divorced, they often share the ugly details of that online too. An increasingly popular thing to include in a prenup is a
<a href="http://time.com/money/4801340/prenups-what-to-include/" target="_blank">
social media clause
</a>
. A social media clause usually states that neither you nor your ex can say nasty things about each other online or share embarrassing photos. A person who violates the clause would have to pay a fine.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
No one wants to think their marriage will end in divorce. However, signing a prenup does not mean you are planning for that to happen. It just gives you a little peace of mind, if that does occur. It also encourages an honest discussion about finances, which will likely be good for the health of your marriage.
</p>
</div>It is hard to find the person you want to spend your life with. Now that you have, you feel lucky, and you cannot wait to start your life together. You have heard of prenups, but you are not sure it is the right decision for you and your future spouse. Here are four reasons to sign a prenuptial agreement.…Now is a good time to get estate planning documents in order2018-12-31T06:00:00Z2018-12-31T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The New Year is right around the corner and residents of Buffalo may be busy making resolutions and plans for 2019. While most people will focus on making changes to their lifestyles that will introduce health and happiness into their lives, everyone should be taking into account an important consideration about the future: their estate plan.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Most people have heard of estate planning and some may even know something about it. A select group of others may have wills in place and others may have more complex plans developed for the protection of their assets. In general, an estate plan is a set of documents that instructs others of how to distribute a person's assets after that person passes away, what kind of end-of-life care the person wants, and who should make critical health care and financial decisions if the person becomes incapacitated.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Everyone should have an estate plan in place. Even if a reader of this blog believes that the items they own do not warrant an extensive set of planning tools, they can still benefit from having a basic estate plan in place. When a person dies without an estate plan their assets will pass according to the laws of New York, even if those laws conflict with the decedent's wishes.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The law office of Cohen & Lombardo works with clients of all financial backgrounds to develop and execute
<a href="/estate-planning-probate/">
estate plan
</a>
s that meet their needs and ensure that their wishes will be effectively communicated at their deaths. To begin the process of creating a personalized estate plan, readers are invited to visit Cohen & Lombardo's estate planning website. There they can learn more about the tools they can use to prepare their estates.
</p>
</div>The New Year is right around the corner and residents of Buffalo may be busy making resolutions and plans for 2019. While most people will focus on making changes to their lifestyles that will introduce health and happiness into their lives, everyone should be taking into account an important consideration about the future: their estate plan. Most people have heard…What is necessary for a business contract to be valid?2018-12-27T06:00:00Z2018-12-27T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Individuals who operate businesses in Buffalo may be aware of how pervasive contracts are in their industries. Whether they run restaurants or shops, engage in corporate or financial undertakings or endeavor into other lucrative fields, business owners cannot thrive if they do not have strong contracts in place. These can exist in the agreements they create with their employees and vendors, in the leases they sign for the use of physical space and tech-based products and a myriad of other arenas related to their particular fields.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
At its core, though, a
<a href="https://smallbusiness.findlaw.com/business-contracts-forms/contracts-basics.html" target="_blank">
contract
</a>
is simply a promise by the parties to do or not do something. A contract is formed when one party makes an offer to another, and the receiving party accepts the offer or makes a counter-offer. Once an offer or counter-offer is accepted the parties may decide what form of compensation will be given for the performance of the offeror's promise and what penalties may be used to sanction any parties that fail to follow the agreement's terms.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is generally a good idea for business contracts to be in writing. Written documents that are signed by the parties can be used as evidence when breaches of contract are alleged and written contracts may be consulted when disagreements about contractual terms arise. Business owners can always have their trusted business attorneys review the contracts they plan to execute to ensure that their documents are clear.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Business contracts are used for many different reasons but all play significant roles in the success of the entities they support. Additional information on business contracts can be attained from private consultations with
<a href="/other-practice-areas/corporate-law/">
business law
</a>
attorneys.
</p>
</div>Individuals who operate businesses in Buffalo may be aware of how pervasive contracts are in their industries. Whether they run restaurants or shops, engage in corporate or financial undertakings or endeavor into other lucrative fields, business owners cannot thrive if they do not have strong contracts in place. These can exist in the agreements they create with their employees and…Many factors will influence the outcome of a custody hearing2018-12-20T06:00:00Z2018-12-20T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the most challenging aspects of ending a marriage is managing the emotional and physical well-being of any children who may be affected by their parents' split. In New York, parents can seek physical and legal custody of their kids and based upon the needs and interests of those children, family law courts can establish parenting plans to accomplish those ends. However, as every child will present different priorities, it is imperative that courts look at
<a href="https://family.findlaw.com/child-custody/focusing-on-the-best-interests-of-the-child.html" target="_blank">
many factors
</a>
before making custodial determinations.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Courts will investigate the fitness of the parents to serve as physical and legal custodians of their kids. This can include assessments of their physical and mental health, and can also include reviews of their prior drug or alcohol use and abuse. Any histories of sexual, physical, and emotional abuse may be considered at custody hearings.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Also, a child's physical needs will be evaluated in their custody hearing. If one parent is better suited to attend to the child's requirements, then that parent may be granted more time in the presence of the child. In some scenarios, the preferences of the child may be used as a factor for their placement in the custody of a parent.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A child's religious, educational, and community development may all be factored into how best to serve their best interests in the custody of one or both of their parents. Having a voice in a child's custody hearing can be an important part of staying involved in the life of one's own child. A committed
<a href="/family-law/">
family law
</a>
attorney can support their client's desires to retain custody of their children.
</p>
</div>One of the most challenging aspects of ending a marriage is managing the emotional and physical well-being of any children who may be affected by their parents’ split. In New York, parents can seek physical and legal custody of their kids and based upon the needs and interests of those children, family law courts can establish parenting plans to accomplish…Why does everyone need an estate plan?2018-12-10T06:00:00Z2018-12-10T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A Buffalo resident who is just establishing their career or who has not taken the plunge into marriage or parenting may not feel as though an estate plan is important for them to create. Even individuals who care for dependents may not worry about the future of their estates if they perceive their incomes and property holdings to be minimal. These assumptions are generally not accurate, and it is to the benefit of individuals of all life scenarios and financial stations to create estate plans that reflect their wishes and desires.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
This is because the failure of a person to create an estate plan can financially deplete their estate and may give their assets to individuals who the decedent never intended to benefit. Property that is not designated to others through certain testamentary documents must be probated at the
<a href="https://estate.findlaw.com/planning-an-estate/what-is-estate-planning.html" target="_blank">
probate process
</a>
can be a cumbersome undertaking. Additionally, property that is not identified as the inheritance of named parties may pass according to the state's laws of intestacy.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a person dies without a will, they are considered to have died intestate.
<a href="https://estate.findlaw.com/planning-an-estate/understanding-intestacy-if-you-die-without-an-estate-plan.html" target="_blank">
Intestacy laws
</a>
generally permit close relatives, like spouses, children and parents, to benefit from decedents' estates before more distant relations. However, if a person has a strained or failed relationship with a close relative that person may still benefit from the decedent's end of life wealth, if they are allowed to inherit through intestacy.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Making an
<a href="/estate-planning-probate/">
estate plan
</a>
is not something that only the wealthy should do. It is important for anyone who wants control over the disposition of their wealth and property at the end of their life. Estate planning attorneys can counsel interested parties on how best to start the estate planning process.
</p>
</div>A Buffalo resident who is just establishing their career or who has not taken the plunge into marriage or parenting may not feel as though an estate plan is important for them to create. Even individuals who care for dependents may not worry about the future of their estates if they perceive their incomes and property holdings to be minimal.…How do I start a probate in Erie County?2018-12-06T06:00:00Z2018-12-06T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If you recently lost a parent or other loved one, you probably wonder what to do next. You know your family needs to do something with the estate, but you may not be sure what that is, exactly. Perhaps your loved one told you that he or she named you as executor in the will, and you need to know what that means. Here are a few steps to help you get started with a probate in Erie County:
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The probate process can seem confusing at first, but now that you know the initial steps, you will be ready to file a petition with the court to open a probate.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
</p>
</div>If you recently lost a parent or other loved one, you probably wonder what to do next. You know your family needs to do something with the estate, but you may not be sure what that is, exactly. Perhaps your loved one told you that he or she named you as executor in the will, and you need to know…Spousal support may be an issue in your divorce2018-12-03T06:00:00Z2018-12-03T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family's children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may decide that everyone will be better off if he gives up his job to provide care to their children.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Because of these and other balancing needs in families, individuals may arrive at the decision to
<a href="https://statelaws.findlaw.com/new-york-law/your-new-york-divorce-the-basics.html" target="_blank">
divorce
</a>
with very different financial perspectives. The mother in the scenario above may have a good job and high earnings, but the father may not have any leads on employment when his marriage comes to its end. As partners make different contributions to their relationships and sacrifices to support each other, financial obligations between former spouses can endure even after divorces are finalized.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a person is required to provide their ex with financial support after a divorce, the payments are called
<a href="https://family.findlaw.com/divorce/spousal-support-alimony-basics.html" target="_blank">
spousal support
</a>
or alimony. Alimony can be paid in a lump sum or as periodic payments. Many factors will be evaluated when a court is asked to decide if alimony is appropriate given the circumstances of divorcing parties.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Getting spousal support from one's ex may be a necessary step to starting over as a single person in the wake of a divorce. A knowledgeable
<a href="/family-law/">
family law and divorce
</a>
attorney should be able to advise their clients on whether support is a good path to pursue and how best to secure financial help into the future.
</p>
</div>Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family’s children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may…What is a business merger?2018-11-27T06:00:00Z2018-11-27T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It can be hard for a New York business to get going and find success in its first years of operation. An
<a href="https://www.investopedia.com/slide-show/top-6-reasons-new-businesses-fail/" target="_blank">
estimated half
</a>
of all new small businesses close within their first 5 years. It can be hard for some business owners to keep fighting for their dreams when it seems as though the world is stacked against them. However, complete closure is not the only end that a small business may face. If there is interest, a business may be approached about participating in a
<a href="https://smallbusiness.findlaw.com/business-finances/mergers.html" target="_blank">
merger
</a>
.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
While it is usually mergers between big companies that make the evening news, mergers can happen between smaller, local entities. A merger happens when two businesses agree to join together into a single business. A merger may involve one company buying another and folding its operations into the purchaser's operating scheme, but this is often referred to as an acquisition.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Mergers are not always good business decisions. If a company chooses to merge with another and the second entity is struggling financially, the first company may not want to take on the second's liabilities. It is important that businesses and their owners attempt to find out as much information as possible about the companies they plan to merge with before they start the processes.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Carrying a business through a merger can be an overwhelming experience, especially if the business owner has fostered their own small business from its inception, up to the point of merging. It is always a good idea for individuals to get help with their
<a href="/other-practice-areas/corporate-law/">
business law
</a>
needs from the help of attorneys who are familiar with their legal needs.
</p>
</div>It can be hard for a New York business to get going and find success in its first years of operation. An estimated half of all new small businesses close within their first 5 years. It can be hard for some business owners to keep fighting for their dreams when it seems as though the world is stacked against them.…What types of trusts are available to Buffalo estate planners?2018-11-20T06:00:00Z2018-11-20T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Most New York residents understand the purpose of having a will. A will is a testamentary document that spells out how a person wants their property distributed when they pass away. A will can also describe how and who may have the right to support the deceased party's kids in the event that the children are left without parents.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, wills are not the only tools that New Yorkers should have in their estate plans. Trusts are effective property management devices that individuals can use to prevent their property from going to probate. A
<a href="https://estate.findlaw.com/trusts/types-of-trusts.html" target="_blank">
trust
</a>
is effectively a way for a person to divest themselves of ownership in their property by giving it to the trust and therefore preventing their property from being probated and tied up by the process.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Trusts can be created during the lifetimes of individuals or may be created at the time of their deaths through their wills. Trusts can be revocable or irrevocable, and each format has different benefits and drawbacks for the trust creators. Trusts can also serve special interests, such as supporting particular charities or providing for loved ones who may have special needs or limited powers to manage their own money.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Trusts can serve a wealth of
<a href="/estate-planning-probate/">
estate planning
</a>
goals but can be hard for individuals to set up on their own. When preparing one's estate plan it is important that they have a serious conversation with their attorney about the benefits of using trusts. Local estate planning lawyers can advise their clients on how state and federal laws may impact their plans to use trusts to protect their wealth.
</p>
</div>Most New York residents understand the purpose of having a will. A will is a testamentary document that spells out how a person wants their property distributed when they pass away. A will can also describe how and who may have the right to support the deceased party’s kids in the event that the children are left without parents. However,…Estate planning and probate and the voluntary administrator2018-11-14T06:00:00Z2018-11-14T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With estate planning and probate in New York, there are a litany of rules that must be followed. Some have terms and requirements that can be confusing to a great many people. However, understanding them is crucial to the process and failure to do so can be a major hindrance.
<a href="https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1303.html" target="_blank">
One such law
</a>
that must be understood with estate planning is the voluntary administrator and how circumstances impact who it will be. This can differ depending on whether the person had a will (was testate) or did not have a will (was intestate).
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If the person died intestate, the voluntary administrator will be the surviving spouse of the decedent. If there is no spouse or that person renounces this right, it will then fall in the order specified by the statute to a child, grandchild, parent, sibling or other relative of the decedent, provided this person is a competent adult. Eligiblity to act will systematically go beyond the surviving spouse to the first distributee and so on. If none of those people provided for in the statute will act, the responsibility will fall to the county's chief fiscal officer, who in Erie County, New York is tghe Public Administrator.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When the person died with a will, there will be an executor named in the estate planning document. He or she has the first right to be the voluntary administrator when the will has been filed. If the nominated executor fails to file the necessary affidavit within 30 days of the will being filed in surrogate's court or the responsibility is renounced, any adult who is entitled to file a petition for letters of administration can move forward with filing the affidavit and be the voluntary administrator.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Losing a loved one is difficult enough without facing problems with probate and other legal issues. Understanding how the voluntary administrator is determined and what his or her role is will be critical to the process. This is true for decedents who died without a will or had a will in place. A law firm that handles
<a href="/estate-planning-probate/">
estate planning and probate
</a>
can assist with these situations and be useful in gaining a reasonable resolution.
</p>
</div>With estate planning and probate in New York, there are a litany of rules that must be followed. Some have terms and requirements that can be confusing to a great many people. However, understanding them is crucial to the process and failure to do so can be a major hindrance. One such law that must be understood with estate planning…Do you need a social media prenup?2018-11-10T06:00:00Z2018-11-10T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For engaged couples, creating a prenup is usually an act of financial responsibility, allowing you and your fiancé to protect your assets in case your marriage ever comes to an unforeseen end. But did you know that you can also use a prenup to protect yourself on social media?
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
According to
<a href="https://abcnews.go.com/Lifestyle/love-perfect-watch-facebook-social-media-prenups/story?id=23977608" target="_blank">
a report by ABC News
</a>
, more young couples are acknowledging their active social media usage, and see their online reputations as an asset worth protecting. This means that couples can draw up prenups that include a social media clause, ensuring that both parties agree not to post embarrassing photos about the other person.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If you and your fiancé are active social media users, you may want to consider the advantages of including a social media clause in your prenup:
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Protecting your career
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
You do not have to be a world-renowned celebrity to have your social media activity directly affect your career. Embarrassing personal photos can impact anyone, whether you are a teacher with colleagues and students following you online, or a business owner whose entire brand is built around your name. When people watch what you share online, your reputation is subject to public opinion.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Protecting your personal life
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Ending a marriage on bitter terms can inspire one party to take revenge on the other. With a social media clause in your prenup, you and your fiancé can define certain boundaries around how you represent each other online in the event of divorce. For example, your ex could be required to seek your permission before posting certain photos, or may be restricted from posting them altogether.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Your online reputation may be your most important asset
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In this day and age, many of us cannot help but document our lives on Instagram and Facebook. If you and your fiancé are determining what assets to protect in your prenup, your online reputation is certainly worth considering.
</p>
</div>For engaged couples, creating a prenup is usually an act of financial responsibility, allowing you and your fiancé to protect your assets in case your marriage ever comes to an unforeseen end. But did you know that you can also use a prenup to protect yourself on social media? According to a report by ABC News, more young couples are…Retired athlete says family law and divorce agreement is too high2018-11-06T06:00:00Z2018-11-06T06:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Former baseball star and current broadcaster Alex Rodriguez is
<a href="https://www.foxnews.com/entertainment/alex-rodriguez-locked-in-legal-battle-with-ex-cynthia-scurtis-over-massive-support-payments" target="_blank">
embroiled in a dispute
</a>
with his former wife about support. Mr. Rodriguez has been trying to reduce the amount -- approximately $155,000 per month -- paid to his ex-wife and for the support of his two daughters, ages 13 and 10. They divorced a decade ago. According to the documents, the amount of support was supposed to be changed after his retirement as a player.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Since Mr. Rodriguez earned $30 million per year as a player and that has been reduced to $3 million per year in his post-career endeavors, he wants the payments lowered. Another factor in the attempt to lower the payments is that his ex-wife has a new fiancé, a child, owns multiple properties and vehicles, and has a substantial amount in the bank. He believes he is paying for her new lifestyle. Mr. Rodriguez wants to pay $20,000 monthly for his kids, which is around $1,000 more than is needed. His ex-wife wants $50,000. The case is ongoing.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a famous person with significant assets gets a divorce, we often see a massive settlement and support payments to the former spouse. This is especially true if there were children from the relationship. However, as time passes, these famous people may experience a decline in assets and income. The circumstances of their former spouse could also change with a new marriage and other factors. With family law and divorce, it is important for those who are facing life changes to understand how to go about altering the agreement and the Court order if it is necessary and legally viable.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Although this is a case of extreme wealth and fame, the issues can easily fit into the problems that people of lesser means face when dealing with ex-spouses, child support, income changes and more. For the supported former spouse, there can be many justifications to continue receiving the same amount or of not reducing the amount of scheduled changes as much as the paying former spouse wants. From the supporting former spouse's perspective, the drastic reduction in means and an agreement to reduce those payments upon the happening of certain events should warrant the changes. A law firm that understands all aspects of
<a href="/family-law/">
family law and divorce
</a>
can be of assistance in any case and should be contacted for advice.
</p>
</div>Former baseball star and current broadcaster Alex Rodriguez is embroiled in a dispute with his former wife about support. Mr. Rodriguez has been trying to reduce the amount — approximately $155,000 per month — paid to his ex-wife and for the support of his two daughters, ages 13 and 10. They divorced a decade ago. According to the documents, the…How does an emancipated child impact family law and divorce?2018-10-30T05:00:00Z2018-10-30T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a couple in New York State decides to end their marriage and there are children from the relationship, it is likely that one parent will be ordered to pay child support to the other. There can be many contentious issues in a family law and divorce case, and one of the most complex is determining the payments required to provide for a child. The supporting parent might not want to pay the amount ordered, and the custodial parent will frequently ask for more.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are numerous factors which the court will consider when determining the amount required for child support. Of course, there are other issues to consider as well besides the proscribed amount. Payments will stop once a child
<a href="https://www.nycourts.gov/CourtHelp/Family/emancipatedChild.shtml" target="_blank">
is emancipated
</a>
. But what is emancipation? Understanding when this will take place is important for both sides. Obviously, when a child reaches the age of 21, he or she is responsible for their own circumstances and is emancipated. However, there are other times when a child can be under 21 and be emancipated.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Emancipation means that the child does not reside with a parent and supports him or herself. When a child remains financially dependent, he or she will not be considered emancipated. Even if the child was emancipated prior to turning 21, if he or she again becomes dependent on a parent, emancipation is no longer in effect. For a person under 21 to be emancipated, at least one of the following must apply: the individual has gotten married; has joined the military; has completed four years of college; is 18 and is working full-time; or has left the home on a permanent basis and terminated the parent-child relationship without a good reason except in cases where there was abuse.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For parents who are either paying or receiving child support, understanding when their child is considered emancipated will be imperative as to how much is paid and how long the parent is still legally required to make the child support payments. If there are questions or disagreements as to emancipation and child support, calling a law firm that specializes in
<a href="/family-law/child-support/">
family law and divorce
</a>
can help with a case.
</p>
</div>When a couple in New York State decides to end their marriage and there are children from the relationship, it is likely that one parent will be ordered to pay child support to the other. There can be many contentious issues in a family law and divorce case, and one of the most complex is determining the payments required to…With business law in New York, should I use a C corp?2018-10-23T05:00:00Z2018-10-23T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It takes a certain amount of intestinal fortitude and fearlessness for anyone to start a business, but when that business will begin in New York, it is even more impressive given the competition and challenges. Regardless of the business idea and how viable it is, there are aspects of business law that cannot be ignored. One is determining what type of corporation to use. One of the most common is a C corp.
<a href="https://www.sba.gov/business-guide/launch-your-business/choose-business-structure" target="_blank">
Knowing the difference
</a>
between the different alternatives is key to making an informed decision and avoiding problems as time passes. Legal help is always critical in any such endeavor.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With a C corp, the entity itself will be separate from the owners. Using this method provides protection for the owners. They can be taxed, garner profits and be legally liable for issues, but it also provides protection from personal liability issues. The tradeoff with using a C corp and having that protection is that it costs more than other types of corporations. The records must be kept more accurately and extensively, there are different processes for operation, and reporting requirements differ.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Corporations pay income tax on profits. This is different from a limited liability company (LLC), a partnership, and a sole proprietorship. They might even be taxed twice based on profit and dividends to shareholders. Shareholder departures will not impact the C corp. It can be useful to accruing capital because stock is sold to get the funds. For businesses in which there is a higher risk, a C corp is a solid alternative as it helps with raising money, allows for a public offering, and can be more easily sold.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For people who are starting a business, the formation is key to success. Understanding when it is wise to use a C corp or to consider some other method is one of the most important decisions that can be made. Having legal advice from the beginning can be crucial to choosing the right form. A law firm experienced in New York
<a href="/other-practice-areas/corporate-law/">
business law
</a>
can help.
</p>
</div>It takes a certain amount of intestinal fortitude and fearlessness for anyone to start a business, but when that business will begin in New York, it is even more impressive given the competition and challenges. Regardless of the business idea and how viable it is, there are aspects of business law that cannot be ignored. One is determining what type…How is abandonment defined in New York family law and divorce?2018-10-16T05:00:00Z2018-10-16T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With family law and divorce in New York, there are certain requirements that a person must meet when they are ending their marriage. Understanding this is critical to a successful resolution to a case. While couples who want to divorce can simply say there is an irretrievable breakdown in the relationship - also referred to as "no-fault" - it is not an automatic guarantee that the divorce will be granted. For many, it is wise to be more specific with the reason(s) they are parting ways.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One issue that might come up is
<a href="http://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf" target="_blank">
abandonment
</a>
. Knowing when there was abandonment in a marriage is integral to citing it as a reason for the divorce. If the plaintiff in the divorce case asserts that the defendant abandoned him or her for at least one year before the filing, it is justification to claim abandonment. Abandonment can fall into the category of the defendant simply leaving the marital home without intending to return for at least one year before the action commences. This will be done without a viable reason and without the plaintiff giving consent.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Constructive abandonment is also a justification to claim that the plaintiff was abandoned. If the spouse refuses to take part in sexual relations for at least one year and does so consecutively before the action commences and this continues despite repeated requests for that behavior to change, it is also abandonment. A "lock out" is another form of abandonment. If a spouse refuses to let the other spouse back into the marital home for at least one year and does so without interruption for that time-period, this falls into the category of abandonment.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For divorcing couples, it is important to know the legal justifications for which the petition can be granted. Abandonment is one. Knowing the different ways in which there can be abandonment gives the plaintiff several reasons to use it to explain why a divorce is necessary. A law firm that understands these factors and more in
<a href="/family-law/">
family law and divorce
</a>
can be of assistance in a case.
</p>
</div>With family law and divorce in New York, there are certain requirements that a person must meet when they are ending their marriage. Understanding this is critical to a successful resolution to a case. While couples who want to divorce can simply say there is an irretrievable breakdown in the relationship – also referred to as “no-fault” – it is…From popping the question to breaking the news you want a divorce2018-10-14T05:00:00Z2018-10-14T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Arguments may have evoked threats of separation or divorce. Many couples find themselves verbally pushing hot buttons, making assumptions, accusations and expressing suspicion. But when do you know it is really time to go your separate ways? How do you make it clear to your partner that the arguments are over and you are resolute in your decision to legally divorce?
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It can be a painful time to face the destroyed state of your relationship and feel there is no hope re-building it, especially if you have already sought counseling and therapy services. The mental process of divorce can last long after the legal process is finalized. You may feel a push and pull towards and away from this person, depending on the memories and the moments you cherish and wish to feel again.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Questions to ask yourself before raising the divorce talk to your spouse:
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Here are some questions you might want to think about before you approach your spouse with
<a href="https://www.psychologytoday.com/us/blog/divorce-grownups/200911/telling-your-spouse-you-want-divorce" target="_blank">
divorce
</a>
papers or raise the topic in all seriousness. When you make an emotionally charged decision, you can move forward half blind towards your intended outcome. It is better to fully analyze and prepare yourself for the decision you are about to make.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Do you have peace about getting a divorce?
</b>
– If you don’t feel peace about getting divorced, it may not be the best thing or the right timing. You should always tune into your intuition when it comes to making major decisions like divorce.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Are you prepared for divorce financially
</b>
<b>
and logistically
</b>
<b>
?
</b>
– Are you ready now to divorce? Do you feel prepared for the financial setback you might encounter? Are you ready to enter the workforce if you have been a stay at home parent? You need to have a financial plan in place as well as consider the logistics of where will you move and how will you adjust to single life once again?
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
What is your plan for your children? Do you anticipate cooperation when it comes to making custody arrangements?
</b>
<b>
–
</b>
Consider how your children will react and what their questions and feelings will be. It is good to prepare yourself with your plan for custody and school involvement and arrangement. Your spouse will likely raise the question of your children when you begin discussing divorce.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Divorce is a huge life adjustment for everyone, especially any children involved. The more you anticipate questions and think carefully about your plan and vision for your future, the better. Raising a serious discussion on divorce is not easy. However, it helps when you have done your homework and you feel peace about your decision.
</p>
</div>Arguments may have evoked threats of separation or divorce. Many couples find themselves verbally pushing hot buttons, making assumptions, accusations and expressing suspicion. But when do you know it is really time to go your separate ways? How do you make it clear to your partner that the arguments are over and you are resolute in your decision to legally…What is an Order of Filiation in family law and divorce?2018-10-10T05:00:00Z2018-10-10T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the most important aspects of child support, child custody and visitation rights in a New York State family law and divorce is identifying the biological father. Frequently, this is referred to as paternity. Part of establishing paternity is seeking an
<a href="http://www.nycourts.gov/Courthelp/family/paternityOrder.shtml" target="_blank">
Order of Filiation
</a>
in Family Court. There are certain circumstances when this might be necessary. For parents who fall into this category, it is important to understand these circumstances to ensure they enjoy all the rights they are entitled to under the law. Having legal assistance is an important factor in any family law case.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a mother and apparent father have not signed an Acknowledgement of Paternity which names the biological father and they are not married, or the mother is married to someone other than the man who is believed to be the father, there can be an Order of Filiation. With the Order of Filiation, there will be a court order naming a man as the child's father. The father will subsequently have the rights accorded to any legal parent including visitation and custody. It is also possible he will be ordered to pay child support.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is possible to have this order "on consent." By that, the parents will simply agree as to the identity of the father and they will not ask for a DNA test to show that it is in fact accurate. When an Order of Filiation is given based on consent, it is difficult to change. Parents are advised to understand this before agreeing unless they are completely certain that the man is the child's biological father. After an Order of Filiation, it will immediately activate a child support case so the man will be obligated to help the mother with the child's care and upkeep.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A child is generally better off in myriad ways when there is a known father listed on the record. Since these cases can be complicated, a paternity determination is not always based upon whether the parents are married. An Order of Filiation can be beneficial to everyone involved, but it is wise to have legal assistance before agreeing to it. A law firm that specializes in New York State
<a href="/family-law/">
family law and divorce
</a>
can help with deciding if this is the best course and whether to move forward.
</p>
</div>One of the most important aspects of child support, child custody and visitation rights in a New York State family law and divorce is identifying the biological father. Frequently, this is referred to as paternity. Part of establishing paternity is seeking an Order of Filiation in Family Court. There are certain circumstances when this might be necessary. For parents who…Creating a legal will for estate planning and probate2018-10-02T05:00:00Z2018-10-02T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is common to see news stories of people in dispute over an estate in New York. In some instances, it will be due to the decedent dying intestate and not having a will at all. In others, it is because the estate planning and probate did not yield what many heirs and prospective heirs expected to receive. To avoid any rancor and confusion, drafting an estate plan should adhere to the law. Knowing the
<a href="https://statelaws.findlaw.com/new-york-law/new-york-wills-laws.html" target="_blank">
basic requirements
</a>
to creating a will and how it can be created is a key factor in its validity and effectiveness.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When creating a will, there are certain requirements that must be in place for the testator. He or she must be at least 18-years-old and be of sound mind and memory. Sound mind refers to the person understanding what they are doing when they create the document. When the document is completed, the testator must sign it or acknowledge it with two witnesses there to attest to its validity. Should the testator request that the witnesses sign it, they must do so and write their addresses.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When the will is nuncupative (oral), it will only be valid if it was made by a person who is in the armed forces and in service while there is a war or armed conflict in progress, a person who is accompanying the armed forces during this time, or a mariner who is at sea. A holographic will is handwritten. This will only be valid should it be written by a member of the armed forces while an armed conflict is in progress. The handwriting must be of the testator.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Putting estate planning on the backburner is a mistake that many people will make. That applies to people young and old, healthy and not. Regardless of the individual situation and the assets that are at stake, it is always a smart idea to have a valid will and be prepared for every eventuality. Knowing how to create a legal document is the first step. A law firm that understands
<a href="/estate-planning-probate/wills-trusts/">
estate planning and probate
</a>
and creating a valid will can help and should be called for advice in the matter.
</p>
</div>It is common to see news stories of people in dispute over an estate in New York. In some instances, it will be due to the decedent dying intestate and not having a will at all. In others, it is because the estate planning and probate did not yield what many heirs and prospective heirs expected to receive. To avoid…Family law and divorce and modifying child support payments2018-09-26T05:00:00Z2018-09-26T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For noncustodial parents in New York State, the requirement that they pay child support to the custodial parent is an important issue in family law and divorce. The amount they are ordered to pay will be deemed sufficient to provide for the child and the custodial parent's needs and to meet the child's best interests. However, it is not unusual for noncustodial parents to want to modify what they are paying. It is also possible that the amount due will be changed because of a cost of living adjustment (COLA). Understanding
<a href="https://www.childsupport.ny.gov/dcse/non_custodial_parent_services.html" target="_blank">
the details
</a>
about these issues is critical.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The noncustodial parent can request a modification by filling out a form. For it to be approved, it is required that the person show there was a "substantial change in circumstances." It can also be modified if it became effective on or after Oct. 13, 2010 and one of the following factors are in place: it has been three years since the order went into effect, was changed, or altered; the gross income of the noncustodial or custodial parent has changed by at least 15 percent since it went into effect, was changed or altered; the noncustodial parent is incarcerated.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Regarding the COLA, this too can warrant a change in child support. The following two factors must be in place for a change due to COLA: the order must be a minimum of two years old; the amount in the percentage change for the Consumer Price Index for Urban Consumers must be equal to or more than 10 percent. The amount that must be paid will change according to the increase in COLA. If COLA changes by 12 percent, the child support will change by 12 percent.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Child support is a frequent issue up for dispute in a New York family law case. For noncustodial parents, it can be problematic to make the payments in full and on time not because they do not want to, but because they are unable to. Seeking a modification requires that certain criteria are met, but it can be done. Having legal advice and guidance from a
<a href="/family-law/child-support/">
family law and divorce
</a>
lawyer can help with the modification.
</p>
</div>For noncustodial parents in New York State, the requirement that they pay child support to the custodial parent is an important issue in family law and divorce. The amount they are ordered to pay will be deemed sufficient to provide for the child and the custodial parent’s needs and to meet the child’s best interests. However, it is not unusual…Family law, divorce, and the custody and visitation hearing2018-09-17T05:00:00Z2018-09-17T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In New York, it is always preferable for the participants in a child custody case to agree on how custody and visitation will be allocated. However, with family law and divorce, it is rarely simple to reach an agreement. Oftentimes, individuals will have their own reasons for wanting custody or seeking certain concessions with visitation rights. This is true whether the dissolution is amicable or contentious. Having legal assistance can be critical toward understanding the
<a href="http://www.nycourts.gov/courthelp/family/custodyHearing.shtml" target="_blank">
various aspects
</a>
of a child custody and visitation hearing, and ensuring that your and your child's best interests are protected.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
At a child custody hearing, there will naturally be a judge. The judge decides on custody and visitation with a focus on the child's best interests. Witnesses, who are called by the parents, can testify about information that may be pertinent to determining what sort of arrangement will support the child's best interests. Relatives and others who know the situation can also provide input as witnesses. If it is necessary, the child might have a caseworker or some other official or medical professional provide a report to the court about the parents.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In some cases, the child could have a lawyer of his or her own. The judge will generally appoint the lawyer to speak to the child privately, and he or she will then tell the judge of the child's wishes. A guardian ad litem (GAL) can be named for the child as someone who investigates and gives a report to the judge, too. The GAL will often be asked to give recommendations as to the child's best interests.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Once the judge has gathered all the necessary information and feels like a fair decision can be made, an order will be given regarding custody and visitation. As always, the child's best interests are paramount and take precedence over what the parents want. Despite the judge making the decision based on what is believed to be best for the child, the parents must also remember that their goals can be met by presenting a solid case and giving a reasoned argument. For that, having legal assistance experienced with all aspects of
<a href="/family-law/">
family law and divorce
</a>
- especially child custody and visitation - can help.
</p>
</div>In New York, it is always preferable for the participants in a child custody case to agree on how custody and visitation will be allocated. However, with family law and divorce, it is rarely simple to reach an agreement. Oftentimes, individuals will have their own reasons for wanting custody or seeking certain concessions with visitation rights. This is true whether…New York State business law and forming an LLC2018-09-11T05:00:00Z2018-09-11T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the main reasons that New York residents avoid starting businesses even if they have a good product or service to sell is a failure to understand the legal details about how a business must be structured. Business law can be a key part of success. Failing to adhere to the law might result in many problems down the road. Lack of proper structure can even hinder a business from getting off the ground in the first place. The appropriate business form depends on the business at hand. There are many options available. One that is commonly used is a limited liability company (LLC). Before using this form, it is important to know
<a href="https://www.dos.ny.gov/corps/llcguide.html" target="_blank">
what it is and how it can be formed
</a>
.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When there is a business that is run by one or more people, is unincorporated, and they have limited liability, it is an LLC. By utilizing this structure, a limit is placed on the responsibility the owners have toward contractual obligations and different liabilities. Provided the business is lawful, it is possible to form an LLC. The idea behind the LLC is to use a combination of different types of corporation options and maintain the flexibility that is inherent in a partnership.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A LLC lets owners tailor their business to what they need. Instead of being partners or holding shares in the company, the LLC owners are considered members. Any legal entity - partnerships, an individual, a corporation - can be a member of an LLC. To form an LLC, there are certain steps that must be taken. For example, Articles of Organization must be filed in accordance with state law. There is no requirement for who can organize the LLC. It can be a person or a business entity. The organizer is not required to be a member of the LLC, but can be if they choose to.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
People who are taking the risk of starting a business and wanting to know what form they should use must be aware of the benefits of an LLC compared to other business structure options. A law firm that understands all areas of
<a href="/other-practice-areas/corporate-law/">
business law
</a>
can give guidance and advice when making the determination of whether an LLC is preferable over other options. Calling a business law firm is therefore often the first step toward getting a business off the ground and adhering to the legal requirements that come with it.
</p>
</div>One of the main reasons that New York residents avoid starting businesses even if they have a good product or service to sell is a failure to understand the legal details about how a business must be structured. Business law can be a key part of success. Failing to adhere to the law might result in many problems down the…Family law and divorce often features disputes over property2018-09-06T05:00:00Z2018-09-06T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a New York couple concludes that their marriage is not working and they decide to move forward with a divorce, there are many issues that will need to be addressed throughout the process. If there are children, for example, child custody and visitation may become a major issue that leads to extensive disagreement. Other matters that are often problematic in family law and divorce are child support and property division. No matter where a couple resides in New York, the property they own can have extensive financial and sentimental value. This can lead a couple to argue over very specific items. For this reason, it is often imperative to have the assistance of legal counsel before proceeding with the property division process.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The importance of legal counsel can be seen in one ongoing case involving a couple who lives in a wealthy area and has significant assets. They
<a href="https://therealdeal.com/2018/08/19/one-of-staten-islands-most-luxurious-and-pricey-homes-caught-in-divorce-battle/" target="_blank">
are in the middle
</a>
of a contentious divorce. One of the assets at the heart of their disagreement is their mansion. The divorce is anything but amicable, and they are in an ongoing dispute regarding other assets. The husband is said to be falling behind on paying bills for the tuition of their children's school, too. The wife says that he is spending the money to finance a lavish lifestyle. For his part, the husband's representative says that the claims are inaccurate and are being made for the sake of drama.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With a high-end divorce, couples frequently need to sell expensive property so that its value can be equitably divided. The home in this case was listed for sale after the wife filed for divorce. The asking price was more than $6 million. It was then taken off the market as the case proceeded forward.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Whether it is in New York City or Upstate New York, real estate is sometimes a chip that both parties want to retain when they end a marriage. This is true even in agreeable divorces. When there is a dispute and acrimony, it can be even more difficult to sift through the property at hand and come to a resolution that will satisfy both sides.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
It is not just real estate that is often the focus of a high-asset divorce. Motor vehicles, bank accounts, retirement accounts, jewelry, sentimental items, and even a business can be part of a tug-of-war between the parties. Having legal assistance when dealing with this issue may allow an individual to avoid a back-and-forth between the spouses and obtain a reasonable result. Calling a law firm experienced with high-end
<a href="/family-law/divorce/">
family law and divorce
</a>
cases is therefore oftentimes of critical importance.
</p>
</div>When a New York couple concludes that their marriage is not working and they decide to move forward with a divorce, there are many issues that will need to be addressed throughout the process. If there are children, for example, child custody and visitation may become a major issue that leads to extensive disagreement. Other matters that are often problematic…Singer with no will shows failure in estate planning and probate2018-08-31T05:00:00Z2018-08-31T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
New Yorkers who are debating whether or not they need a comprehensive or even a basic estate plan should pay attention to the news and stories of prominent people who choose not to formulate these documents. It is frighteningly common for people of significant means to fail in estate planning and leave many questions for family members and potential heirs after they have died. One recent case in which estate planning and probate has come to the forefront is
<a href="https://www.cnn.com/2018/08/22/entertainment/aretha-franklin-will/index.html" target="_blank">
with the death
</a>
of singer Aretha Franklin.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
According to reports, Ms. Franklin did not create any documents to detail how her estate was to be handled at the time of her death. There was no will, nor was there a trust. She had four sons and they have filed to be labeled as interested parties to her estate. When she died in mid-August at 76, this information came to light. Her niece filed to be appointed as her personal representative. Since she died intestate - without a will - state law in Michigan, where she resided, says the estate will be divided among her children.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Ms. Franklin's entertainment attorney stated that he encouraged her to create a trust, but she failed to do so. While the initial information suggests that there have not been family disputes about the estate, when there are significant assets and multiple parties seeking to receive a portion of it, it can lead to disagreements and extended court battles.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For people who are unsure that their financial situation warrants an estate plan, it is important to remember that everyone has items that they want to leave to their heirs. Others have young children who need to be protected in the event of the person's death. This is true whether it is a wealthy person, a middle-class person, or someone who has limited assets. Motor vehicles, homes, items of sentimental value, retirement accounts and more should be listed in an estate plan. A legal professional experienced in wills and trusts can explain the details and emphasize the importance of
<a href="/estate-planning-probate/wills-trusts/">
estate planning and probate
</a>
and assist in crafting a plan to avoid issues after the person's death.
</p>
</div>New Yorkers who are debating whether or not they need a comprehensive or even a basic estate plan should pay attention to the news and stories of prominent people who choose not to formulate these documents. It is frighteningly common for people of significant means to fail in estate planning and leave many questions for family members and potential heirs…Avoid these common mistakes when starting a new business2018-08-30T05:00:00Z2018-08-30T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The number of responsibilities new business owners take on when launching a new venture may seem immeasurable. Business owners in New York make many decisions - big, small and in between - during the formation process that can have long-lasting effects on the business down the line.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There's no definitive guide for starting a new business and finding success in that endeavor. Every business and owner varies from the others, but there are a few key missteps to be wary of in the beginning of your company's development.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Formation and agreements
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the first steps in starting a new business is
<a href="https://www.sba.gov/business-guide/launch-your-business/choose-business-structure" target="_blank">
choosing the entity and structure
</a>
of the company. If you're going into business independently, establishing a sole proprietorship structure gives you complete control of your business as well as sole responsibility for any future liability.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If the business is a joint venture, a few business structure options may best suit the new endeavor. Whether establishing a partnership, limited liability company (LLC) or some form of a corporation, multi-owner businesses need clearly defined ownership agreements.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
In case of future changes such as one owner's divorce, death or outside business ventures, your company will benefit from a solid agreement that defines expectations for potential future developments. Your business should not end up tangled in a mess of personal conflict because of a failure to plan ahead from the beginning.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Human resource needs
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A mistake that could prove detrimental to a new business down the road is not addressing human resource needs from the start. Everyone associated with the business from owners and managers to employees and contractors should know the
<a href="https://www.forbes.com/sites/aileron/2014/07/02/top-10-legal-mistakes-small-businesses-make/#61d533ff242f" target="_blank">
expectations for their performance and conduct
</a>
.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Put together an employee handbook with guidelines for everyone associated with the business. Use this resource to lay out civility expectations, codes of conduct, hours of operation, the chain of command, benefits and more.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Even without a dedicated human resources department, utilize
<a href="/blog/">
outside legal and business resources
</a>
to create a tangible, enforceable set of guidelines for those affiliated with your business. Future disputes can find quicker resolutions if expectations are defined and available for all from the very beginning. Your business deserves the best chance for success from the beginning. Consult the necessary resources to ensure its productive future by avoiding some major errors at the start.
</p>
</div>The number of responsibilities new business owners take on when launching a new venture may seem immeasurable. Business owners in New York make many decisions – big, small and in between – during the formation process that can have long-lasting effects on the business down the line. There’s no definitive guide for starting a new business and finding success in…Estate planning and probate and the fiduciary’s role2018-08-28T05:00:00Z2018-08-28T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a loved one dies in New York State, there will be many issues to navigate. Different people will have different roles in handling the probate and administration of the estate. It is important for people who have been entrusted with certain duties to know what they are supposed to do and how they can best fulfill their responsibilities. One issue that will come up is the role of the
<a href="https://www.nycourts.gov/CourtHelp/WhenSomeoneDies/fiduciary.shtml" target="_blank">
fiduciary of the estate
</a>
.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The person's estate will be divided after they have died. There are different terms for people who will serve different functions. This depends on the structure of the estate. When there is probate, the fiduciary is referred to as the executor and is general named in the decedent's will. With a small estate, the fiduciary is the voluntary administrator. Should a person die intestate -- without a will -- the Surrogate's Court will name the fiduciary who is called an administrator and it is often the closest relative, if there is one.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Regardless of the will structure and the term used to describe the fiduciary, all will be legally obligated to act in good faith with the estate. Their interests cannot take precedence. It is possible that the Surrogate's Court will want the fiduciary bonded prior to appointment. This is akin to an insurance policy and will give security to the assets in the estate. Should the fiduciary fail to properly care for the estate, the bonding company must reimburse the estate for whatever losses were incurred.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are three basic responsibilities the fiduciary will have. They are: collecting, taking inventory and appraising the assets; paying the bills, taxes and other expenses of the decedent; and transferring property based on the will or based on the law if the person died intestate. For those who are moving forward with estate planning and thinking about how to decide who should handle the affairs after death or someone is concerned about what they must do as a fiduciary, it is essential to have legal help. A law firm that is experienced in every aspect of estate planning from the formulation of the plan to probate and more can help. Calling an
<a href="/estate-planning-probate/">
estate planning and probate
</a>
attorney is critical.
</p>
</div>When a loved one dies in New York State, there will be many issues to navigate. Different people will have different roles in handling the probate and administration of the estate. It is important for people who have been entrusted with certain duties to know what they are supposed to do and how they can best fulfill their responsibilities. One…What are different types of custody with family law and divorce?2018-08-27T05:00:00Z2018-08-27T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One of the most complicated issues related to family law and divorce in New York State is child custody. Not only is this difficult in a legal sense, but it can be an emotional roller coaster as well. As the decision is made to end a marriage, child custody will come to the forefront. Knowing the basics such as the difference between
<a href="https://www.nycourts.gov/courthelp/family/custody.shtml" target="_blank">
legal custody and physical custody
</a>
is important when trying to sift through the options, come to an agreement, or choose to go to court. As with any family law matter, legal help is always beneficial.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When there is a custody order, the child's care will be decided upon. There are two separate parts to child custody. They are legal custody and physical custody. The best interests of the child are paramount regardless of the decision that is made. Without a court order, the parents will each share an equal level of rights with physical and legal custody.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With legal custody, that parent will have decision making authority regarding such issues as the child's medical care, religion that is adhered to, and schooling among other factors. With joint legal custody, the decisions regarding the child will be made by both parents together. The living arrangements are irrelevant. The parents are required to come to an agreement on the child and how he or she is raised. Should a parent be granted sole legal custody, all decisions will be made by that parent.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Physical custody (also referred to as residential custody) means that the parent with physical custody will be responsible for the child's care and will handle supervision. When there is joint physical custody, the child will reside with each parent equally. Should the judge award sole physical custody, the child will live with that parent more than half the time. The other parent will generally get visitation rights.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Because child custody can be one of the more difficult factors in a divorce case, it is critical to have legal assistance from the start. This is true if the case is contentious, amicable or somewhere in between. Calling a law firm that specializes in
<a href="/family-law/child-custody-visitation/">
family law and divorce
</a>
in New York State is one of the most important steps to take not just for the parents, but for the child too.
</p>
</div>One of the most complicated issues related to family law and divorce in New York State is child custody. Not only is this difficult in a legal sense, but it can be an emotional roller coaster as well. As the decision is made to end a marriage, child custody will come to the forefront. Knowing the basics such as the…Serving the child’s best interests in family law and divorce2018-08-08T05:00:00Z2018-08-08T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a couple in New York divorces, children often end up getting caught in the middle. There can be disagreements about custody, visitation rights, child support and more. The court is intent on ensuring the child is cared for appropriately and will focus on the
<a href="https://www.nycourts.gov/courthelp/family/bestInterest.shtml" target="_blank">
best interest of the child
</a>
when making its determinations. Understanding what is considered within that context is important for the parents, so they can be prepared for their case.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With regards to the phrase, "best interest," there is no established standard as to what it entails. However, the judge will consider numerous factors, so the child's health and safety are addressed. With the best interest of the child in mind, there will not be any favoritism of one parent over the other. Custody and visitation hinge on how the child's interests are served. Before moving forward with the case, parents should have a grasp on what will be assessed.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
One parent might have been the predominate caregiver during the marriage. If that is the case, then this will be considered. Different parents have different skills when it comes to parenting. These will be part of the process in determining which parent will have custody and what the visitation arrangements will be. The parents can have different mental and physical health -- this can be important.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Domestic violence will always be a significant factor. Parents might have various work schedules that make it easier or harder to provide a stable environment for the child. This is key. If there are siblings, this will be weighed. The child, if he or she is of sufficient maturity to give an opinion, can state a preference. The parents' ability to be agreeable and amicable with one another and if there are lingering problems that can sabotage a plan is also imperative.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
With a divorce, the children should be paramount. For parents who are in the middle of a divorce or are thinking about it, how it affects the children must not be ignored. Understanding the factors of the best interests of the child standard when it comes to
<a href="/family-law/child-custody-visitation/">
family law and divorce
</a>
can be key to reaching an appropriate result.
</p>
</div>When a couple in New York divorces, children often end up getting caught in the middle. There can be disagreements about custody, visitation rights, child support and more. The court is intent on ensuring the child is cared for appropriately and will focus on the best interest of the child when making its determinations. Understanding what is considered within that…Claiming fault in your New York divorce2018-08-02T05:00:00Z2018-08-02T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Divorce may prove difficult for all parties involved, and many couples do not make the decision to divorce quickly or lightly. Yet for others, the decision to separate turned out to be a matter of safety or necessity.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
New York law, although not required, allows for a party to claim fault in a divorce case. Claiming fault may give you a better chance of obtaining custody of your children or receiving more assets after separation. If your marriage ended directly due to an action of your spouse, you may wish to cite a fault in your divorce proceedings.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Fault states versus no-fault states
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Most of the United States operates as no-fault states. New York proves one of them. However, strictly no-fault states do not require or accept reasons that lead to your divorce to be cited in court--you must simply file, and the court distributes your assets based on equitable distribution or community property laws.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Because New York does not operate as a strictly no-fault state, you have the ability to offer specific examples of how your ex-spouse made decisions that lead to your divorce. Doing so, you may be eligible for any larger share of assets including:
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
Grounds for fault in New York
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The state of New York offers four faults upon which you may cite
<a href="https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml" target="_blank">
reasons for divorce
</a>
. Each fault requires proof to be admissible in court.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Divorcing spouses should understand that divorces that cite fault prove lengthy. Investigations and splitting assets requires time and analysis. Grueling, emotional hearings take place. Yet if you experience the fault grounds for divorce, you hope to obtain comparable retribution by directing blame on your ex-spouse.
</p>
</div>Divorce may prove difficult for all parties involved, and many couples do not make the decision to divorce quickly or lightly. Yet for others, the decision to separate turned out to be a matter of safety or necessity. New York law, although not required, allows for a party to claim fault in a divorce case. Claiming fault may give you…Family law and divorce and collecting past due child support2018-07-27T05:00:00Z2018-07-27T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
A major issue that often arises between New York parents who are no longer together is child support payments and making certain they are paid on time and in full. While it is ideal if the parents are on good terms and the payments are made as they should be, for a variety of reasons this does not always happen. The custodial parent who is supposed to be getting child support from the noncustodial parent should be aware of the tactics that can be used for
<a href="https://www.childsupport.ny.gov/dcse/support_enforcement.html" target="_blank">
child support enforcement
</a>
and getting what is owed.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When the child support is overdue -- also knows as arrears -- the supporting parent can be compelled to pay through a variety of means. These can be done without the need to go to court. However, before any administrative procedure starts, the noncustodial parent will receive a notice. It details the procedures that will be used, a deadline will be given and instructions to comply with the order to avoid penalties will be listed.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If the child support is not paid after that, the authorities can do the following: use income execution (IEX) by deducting the payments from the supporting parent's wages; intercept unemployment insurance benefits (UIB), if there are any; intercept any tax refunds that are due to the supporting parent; inform credit bureaus of the delinquency to negatively impact the person's credit rating and hinder the chance to receive loans; intercept lottery winnings; seize property; suspend a driver's license; deny a passport renewal; place a lien on real estate or personal injury claims; and inform the New York State Department of Taxation and Finance so remedies can be initiated.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Children need to be cared for, especially when the parents have divorced. If one parent is not living up to his or her financial obligations and fails to make the required child support payments to the other parent, it can spark a multitude of problems. Although it is preferable for it not to get to that point, when it does, it is crucial to understand
<a href="/family-law/child-support/">
family law and divorce
</a>
laws pertaining to child support.
</p>
</div>A major issue that often arises between New York parents who are no longer together is child support payments and making certain they are paid on time and in full. While it is ideal if the parents are on good terms and the payments are made as they should be, for a variety of reasons this does not always happen.…What are basic grounds for divorce in New York?2018-07-24T05:00:00Z2018-07-24T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For couples in Buffalo who are considering divorce, the emotional impact and concerns will often come to the forefront as they decide what to do next. This can obscure the
<a href="https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml" target="_blank">
basic legal issues
</a>
that should also be factored in when the decision is made. These issues include deciding what grounds the divorce will be based on.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
There are seven grounds for divorce in New York State. One ground is an irretrievable breakdown that has been in place for a minimum of six months -- also referred to as a "no-fault" divorce. To cite this as a ground for divorce, issues such as property division, spousal support and all other considerations must have been settled upon. Another ground is cruel and inhuman treatment. This requires the judge assessing the marriage and any of the problems that happened in the previous five years. Arguments are not sufficient; there must be danger mentally or physically. Abandonment is also a ground for divorce. A spouse will have abandoned the marriage if that spouse left the other spouse for at least one year. This includes departing the home or refusing to have sex with the other party.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Imprisonment is a ground for divorce if the spouse was in jail for at least three consecutive years and it happened after the marriage started. This can be used for as many as five years after the spouse's release. Adultery is also a ground for divorce if it is shown that it occurred during the marriage. A caveat is that it can be hard to prove as it is necessary to have evidence from other sources that it happened. If the couple has been a legally separated, have signed and filed a valid agreement for separation and have lived apart for at least one year, this can be grounds for divorce. Finally, there is the unusual circumstance of a divorce after judgment of separation. The Supreme Court is involved in this ground and will draw up a judgment of separation once the couple has lived separately for a minimum of one year.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
When a couple believes they cannot continue with their marriage, divorce might be the best alternative. However, there are criteria for getting a divorce, which must be fully understood before starting the process to avoid delays and other problems. Those with questions about
<a href="/family-law/">
family law and divorce
</a>
issues should seek the help needed to make informed decisions.
</p>
</div>For couples in Buffalo who are considering divorce, the emotional impact and concerns will often come to the forefront as they decide what to do next. This can obscure the basic legal issues that should also be factored in when the decision is made. These issues include deciding what grounds the divorce will be based on. There are seven grounds…How does a small estate affect estate planning and probate?2018-07-13T05:00:00Z2018-07-13T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Buffalo residents who are taking the initiative and preparing for the future by having an estate plan should be aware of certain factors that will affect the process. Knowing the difference in how the estate is classified under the law is one key that should not be ignored. This is especially important with estate planning and probate as it will influence how the case is filed whether there was a will, other estate planning devices and more. Knowing what a
<a href="https://www.nycourts.gov/courthelp/WhenSomeoneDies/smallEstate.shtml" target="_blank">
small estate
</a>
is and who will fall into this category is a foundational aspect.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
If there was less than $30,000 in personal property in the estate, it will be categorized as a small estate. Technically, this is known as voluntary administration. With such an estate, it makes no difference whether there was a will or not. However, people will generally have an idea as to whom they want to be their heirs, where property should go and other factors. For cases in which there might have been a wrongful death or a potential lawsuit related to it, there should be a probate proceeding or an administration proceeding regardless of how much the personal property belonging to the decedent was worth.
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The estate of a decedent who owned real property such as land or a home is not considered a small estate unless it was owned jointly with another person and there was less than $30,000 in personal property in the estate. When there is a small estate and a will, the executor of the will is named the voluntary administrator. With the small estate, the executor will file the original will as well as a certified copy of the death certificate. This will be done in the county in which the decedent resided.
</p>
</div>
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Many people are unaware of the different classifications that the law dictates how an estate is viewed. Although the small estate has contingencies for people who died without a will (also known as dying intestate), it is always wise for a person to have an estate plan even if they do not have or do not believe they have significant assets. Discussing the situation with a law firm that is experienced in
<a href="/estate-planning-probate/">
estate planning and probate
</a>
can provide advice for how to structure an estate plan, small estate or not.
</p>
</div>Buffalo residents who are taking the initiative and preparing for the future by having an estate plan should be aware of certain factors that will affect the process. Knowing the difference in how the estate is classified under the law is one key that should not be ignored. This is especially important with estate planning and probate as it will…An introduction to probate2018-07-06T05:00:00Z2018-07-06T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
For many people, probate is a subject that is shrouded in mystery. Perhaps the only time they have even heard of it is when an estate planning lawyer is advertising ways to avoid it. In this post, we will give a brief introduction to New York probate.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<a href="https://www.nycourts.gov/courthelp/WhenSomeoneDies/probate.shtml" target="_blank">
New York law
</a>
uses the term probate to refer to the process of checking that a will meets all the legal requirements, so that the estate can be distributed according to the wishes of the deceased. The process of distributing the estate is known as estate administration. Typically, a will appoints an executor, or personal representative, to manage this process.
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The executor begins by filing the original will and a certified copy of the death certificate with the court in the county where the deceased had his or her primary residence. Along with these documents, the executor must file a probate petition asking for legal authority to distribute the estate and listing all the deceased person's heirs.
</p>
</div>
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The court reviews these documents and checks to make sure the will meets all the required formalities. The court informs the heirs of their interest in the estate, and they have a chance to contest the will if they think that the deceased made it under duress or undue influence. Will contests can lead to very difficult disputes.
</p>
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Fortunately, in most cases, a will contest is not an issue. Most probate cases are relatively straightforward. That is not to say they are easy, however. Those who have been appointed as executors should speak to a lawyer with experience in
<a href="/estate-planning-probate/">
probate and estate administration
</a>
.
</p>
</div>For many people, probate is a subject that is shrouded in mystery. Perhaps the only time they have even heard of it is when an estate planning lawyer is advertising ways to avoid it. In this post, we will give a brief introduction to New York probate. New York law uses the term probate to refer to the process of…Should you buy a pet to cope with divorce?2018-06-26T05:00:00Z2018-06-26T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Life looks different after divorce. You're facing a long transition into your new life and you may be grieving over the loss of your marriage. When it all feels a little hopeless, you may consider the possibility of getting a pet.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
But is it a good idea?
</p>
</div>
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<p style="margin:0px;">
Consider these factors if you're questioning whether a new pet will help you get through your divorce:
</p>
</div>
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<p style="margin:0px;">
<b>
Commitment
</b>
</p>
</div>
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In the wake of a divorce, getting home to feed your pet might be what pulls you through the day -- just be sure you can stay committed to the animal for the next 5,000 days. Cats and dogs can live for over fifteen years, while birds can live well into their twenties. Sending an animal right back to a shelter isn't fair or humane, so be sure you can commit to feeding, training, exercising and bonding with your new pet.
</p>
</div>
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<p style="margin:0px;">
<b>
Stress and Anxiety
</b>
</p>
</div>
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<p style="margin:0px;">
<a href="https://www.webmd.com/balance/stress-management/features/pet-prescription" target="_blank">
A pet can reduce blood pressure and stress
</a>
, lower the risk of a heart attack, improve exercise habits and lessen the likelihood of depression. The unconditional love of a pet may help you come to terms with the end of your martial relationship. If you're sorting through
<a href="http://aldf.org/resources/other-issues-regarding-your-companion-animal/what-to-do-if-you-are-involved-in-a-custody-battle-over-your-companion-animal/" target="_blank">
pet custody issues
</a>
with your ex-spouse, a new pet may also help fill another void.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
However, if the stresses of the divorce has made you impatient or irritable, try
<a href="https://www.cdc.gov/violenceprevention/pub/coping_with_stress_tips.html" target="_blank">
other healthy ways to cope with stress
</a>
before adopting a new pet. Pets take a tremendous amount of patience and training them can be frustrating. It's important that you're able to love your pet unconditionally in return.
</p>
</div>
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<b>
Children
</b>
</p>
</div>
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<p style="margin:0px;">
If you and your ex-spouse have a child together, you may consider adopting a new pet to lift your kid's spirits. A pet can serve as a distraction from the emotional upset of divorce by helping children feel safe, giving them something to care for and making their new home more positive.
</p>
</div>
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<p style="margin:0px;">
However, even if you are ready to commit to a new pet, it's important to assess whether your child is also in favor of the change. If you notice your child being resentful of change or struggling with aggression, it may be in the child's best interest to avoid major changes.
</p>
</div>
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Divorce is a complex and long process. It's important to be honest with yourself about whether you and your children will benefit from adopting a new pet during divorce. In the meantime, talking to an attorney may help the logistics of your divorce become less overwhelming.
</p>
</div>Life looks different after divorce. You’re facing a long transition into your new life and you may be grieving over the loss of your marriage. When it all feels a little hopeless, you may consider the possibility of getting a pet. But is it a good idea? Consider these factors if you’re questioning whether a new pet will help you…Better Business Bureau rating: an easy way to find a great lawyer2018-06-19T05:00:00Z2018-06-19T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Often times, when you need to hire a lawyer, you're going through a stressful period in your life. Perhaps you're going through an acrimonious divorce, or maybe you're trying to recover damages following a devastating car accident. Whatever your circumstance, taking the time to research and compare different attorneys can seem like an overwhelming task.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
You want someone who's going to get the job done, but you also want someone who's going to work ethically and transparently-for your best interest. You don't need to schedule initial consultations with multiple law firms, and you don't have to spend hours skimming through Yelp reviews. The
<a href="https://www.bbb.org/en/us/overview-of-bbb-ratings">
Better Business Bureau (BBB) rating system
</a>
provides a simple way to see exactly what you're getting at a glance.
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
<b>
What does the BBB rating mean?
</b>
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
The BBB rates law firms-and other businesses-around the country using a letter grade system ranging from F to A+. An A+ rating signifies that the BBB has the utmost confidence that the law firm operates in a trustworthy way. Such a law firm:
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Has been in business for a long time with a good track record,
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Receives overwhelmingly positive feedback from clients-and promptly resolves complaints, if they arise,
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Upholds transparent business practices,
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Works legally and ethically within the marketplace,
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Maintains all necessary licensing and
</p>
</div>
<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
· Honors its commitment to the founding values of the BBB.
</p>
</div>
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<p style="margin:0px;">
Cohen & Lombardo P.C. is proud to have received an
<a href="/about-us/">
A+ rating
</a>
from the BBB. We have been privileged to serve our neighbors in greater Buffalo for 85 years, and we look forward to continuing this tradition for years to come.
</p>
</div>Often times, when you need to hire a lawyer, you’re going through a stressful period in your life. Perhaps you’re going through an acrimonious divorce, or maybe you’re trying to recover damages following a devastating car accident. Whatever your circumstance, taking the time to research and compare different attorneys can seem like an overwhelming task. You want someone who’s going…Think long term during divorce2018-06-07T05:00:00Z2018-06-07T05:00:00Z<div style="padding-top:0px;padding-bottom:0px;margin-top:0px;margin-bottom:35px;" data-rss-type="text">
<p style="margin:0px;">
Most people in divorce proceedings focus on short term needs and desires. This is a mistake that creates many problems long after the divorce is final. It is important to think of your long term goals, looking at your situation holistically. Thorough planning will make moving on easier and reduce future sources of stress.
</p>
</div>
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<p style="margin:0px;">
<b>
Division of your marital property
</b>
</p>
</div>
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<p style="margin:0px;">
One important milestone for most people is the purchase of a home, and it is also one of the most hotly contested issues in divorce.
</p>
</div>
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<p style="margin:0px;">
Before you move out of the marital home, discuss your situation with an attorney. Leaving sets the trajectory of the divorce proceedings and can negatively influence child custody. Unless there is a threat of physical violence, stay in the home.
</p>
</div>
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<p style="margin:0px;">
<b>
Considerations regarding child custody and visitation
</b>
</p>
</div>
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<p style="margin:0px;">
Depending on the age of your children, you may only be thinking of things like: who pays for daycare? But you will run into many conflicts down the road if you only focus on the present. Think about the following:
</p>
</div>
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<p style="margin:0px;">
Consider these milestones and the life you want for you and the kids after divorce. Putting these considerations on paper helps reduce future disagreement. Clear responsibilities and expectations allow the custody agreement to function without constant negotiation with your ex.
</p>
</div>
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<p style="margin:0px;">
<b>
Retirement and life insurance considerations
</b>
</p>
</div>
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<p style="margin:0px;">
Retirement is a common concern in long term marriages, or if one spouse stayed home to support the family while the other worked. Avoid being quick to dismiss or agree to a retirement settlement. Change beneficiaries on your insurance policies. If you have children, make sure the other parent maintains a life insurance policy of a certain amount listing you as beneficiary in the event of unexpected death. The same goes for disability insurance.
</p>
</div>
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<p style="margin:0px;">
If you have been married for 10 years or longer, spouses are entitled to a portion of the other's social security at retirement. If either party plans to cash out retirement funds early, remember there are substantial tax consequences.
</p>
</div>
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<p style="margin:0px;">
<b>
Agreeing to divorce settlements
</b>
</p>
</div>
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<p style="margin:0px;">
Some people avoid conflict, and as a result want the divorce over as soon as possible. In situations where one spouse surprises the other, it is easy to be blinded by shock and sign off on an agreement in haste. Avoid falling into this trap. The conflicts will not end if you sign your legal rights away. Remember, if it takes a trial to give you and your children the future you deserve, any present discomfort will be worth it.
</p>
</div>Most people in divorce proceedings focus on short term needs and desires. This is a mistake that creates many problems long after the divorce is final. It is important to think of your long term goals, looking at your situation holistically. Thorough planning will make moving on easier and reduce future sources of stress. Division of your marital property One…