The Elliot Schlissel New York Law Blog

End of life issues are difficult to face. Everyone that lives will eventually die. If you want to make your own choices as to how you’re cared for, should you become gravely ill, it is important that you have a Living Will.  A Living Will is an advance directive that explains to your loved ones and your physicians what type of life prolonging medical treatments you want and don’t want if you become incapacitated, are placed on a resperator, or are unable to express your concerns due to illness or injuries.

End of Life Issues on Long Island

Long Island (Nassau and Suffolk Counties) in the State of New York, is considered a “ high spending” medicare area of the country. Most individuals without health care proxies on Long Island will find themselves dying in a hospital. Individuals with Living Wills can choose to spend their final days in a hospice facility.

Hospice Facilities Verses Hospitals

Hospice Facilities are designed to make patients facing end of life diseases comfortable by treating their pain and allowing their illnesses to run a natural course. Treatment in hospitals is organized around the theory of prolonging life. This can involve aggressive procedures even if the illness is considered by the treating physicians to be terminal. The treatment in hospitals for terminal illnesses can greatly reduce the quality of the individuals life. Sometimes the difference between hospice care and hospital care relates to the quality of the individual’s life while dealing with a terminal illness.

Living Wills and Family Members

Lauren Hersh Nicholas is a health professor with the University of Michigan. She has conducted a study of involving living wills. She states there’s a benefit to the family of the patient. “Family members have a somewhat easier decision making process, because they have greater guidance.” The hospice treatment can eliminate pain and reduce medical procedures that are unlikely to work.

Elder Law Attorneys

The Elder Law and Wills, Trusts and Estate lawyers at the Law Office of Elliot Schlissel have been helping their clients deal with end of life issues for more than 3 decades. The law firm drafts Wills, Trusts and Health Care Proxies, Powers of Attorney and Living Wills. They represent individuals involved in will contests. They explain to executors of wills their duties. In addition, they draft revocable living trust and irrevocable living trusts. The firm is also involved in assisting clients with nursing home issues as well as medicaid planning technigues. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718- 350-2802.

Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Office of Elliot Schlissel have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.

The SUNY CAP In Case Law

resources in the hundreds of thousands of dollars. Although the mother was willing to pay for half of the cost of sending one of her sons to Syracuse University, the father was not. He only wished to pay half of the expense to send his son to the State University of New York at Binghamton.

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly. Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome.  For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you.  Call for a consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.

There are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these problems.

College Expenses

If the parties to a marriage have children, how is the issue of college expenses dealt with? To start with, most litigants in a divorce will tell their attorney that their children are young and they don’t want to deal with the college expense issue now, that they’d prefer to wait until a later time. In those situations, the attorney should ask his clients how much they have saved up for college so far. The answer to that question is often either zero or a very small amount.

During settlement discussions on divorce issues, the parties often get together at one of the attorney’s offices and have a four party meeting. At this meeting, both spouses and their respective attorneys face each other across a conference room table and discuss, in a mature, intelligent, reasonable manner the issues involved in their divorce.

The purpose of these discussions is to try to work out an amicable settlement without the need for expensive litigation. When the issue of college tuition comes up, both of the spouses sometimes say they agree that we should pay for the college expenses for their children. Often the Attorney will inform them of something along the lines of: “well, your children are eight and ten, as of this point. You have saved very little towards their college expenses. Even though you seek to pay for your childrens’ college expenses, and this is admirable, since you haven’t saved money up until this point, it is unlikely that you will be able to save enough money to pay for the tuition in the future”

Divorce and Family Court Lawyers

I have been representing men and women concerning issues involving divorce, divorce grounds and family law problems for more than 33 years. I have been involved in hundreds of cases dealing with issues concerning orders of protection, child custody, child abuse, child neglect, division of marital property and regarding negotiation and separation agreements. My law office protects mothers’ rights and fathers’ rights in divorce and family court situations. Should you have questions or seek a free consultation, call me at 1-800-344-6431, 516-561-6645 or 718-350-2802.

There is a new application for the iPhone 4S. This application can track people. An interesting case involves a man who purchased a new iPhone 4S for his wife and loaded the “Find my friends app” onto her phone without her knowing about it. He had been suspicious about her meeting another man for liasons. She told him she was going to one place and he tracked her on the iPhone app. to another.

This new iPhone application can be used by boyfriends and girlfriends to track significant others to see if they are telling the truth as to where they’re going, should foul play be a possibility. The wonders of new technology. Now instead of hiring a private investigator to track your spouse, you can simply put an app on their iPhone and figure out where they’re going. So much for trust in relationships!

The new iPhone 4S has been a spectacular success. This new operating system has been purchased by more than four million people during its first three days on the market. It is too bad Steve Jobs didn’t live long enough to see this tremendous success of Apple’s newest product.

New York Divorce Lawyers

The Law Office of Elliot Schlissel can help you if you wish to divorce your spouse. We have extensive experience in dealing with divorce grounds, and other family law related issues. We can assist you with question involving child custody, annulments, amicable divorce, mothers’ rights, fathers’ rights and the mediation of divorce related issues. We also have extensive experience in dealing with high net worth divorces and family owed business issues. Call us for a free consultation.

Paul McCarthy Re-married

Being Alone

Fathers’ Rights Lawyers

When marriage fails what you need is a good lawyer! The Father’s rights lawyers at the Law Office of Elliot Schlissel have been helping men protect their rights for over 33 years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.The Law Firm handles cases in Nassau County, Kings County, Queens County and throughout the Metropolitan New York area.

Have men’s rights in Family Courts become a civil rights matter? Do men need to band together to protect their rights that are being abused in Family Courts? Is there an inherent bias against men in the Family Courts? Do Family Courts make presumptions that have a negative effect on men’s rights?

Women as Nurturers

women have had equal rights regarding custody of their children. So why have men not faired well in the Family Courts?

Primary Care Givers

Fathers’ Rights

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly.

Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome.  For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you.  Call for a consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.

More than 40% of the people in this country think marriage is obsolete! This is according to research study. People between the ages of 18 and 30 believe maintaining excellent parenting skills is far more important than being married. So, are marriages becoming obsolete? There are many issues that face couples who marry. One of them deals with unmet expectations.

Should Marriage Make You Happy?

Can your marital partner satisfy all your needs, emotional, psychological and sexual? It is difficult to meet expectations in marriages. Many men and women find after they are married they the end up with a low conflict and a low passion relationship. First there’s love intertwined with passion. Then there’s boredom, annoyances and the uncovering of flaws in your spouse. No passion sometimes leads to the parties in marriages having affairs.

Boredom

“Been there, done that” is a popular expression. When you spend a life with another individual, “been there, done that”, can be the order of the day. Kristen and Mark of the Kinsey Institute for Sex, Gender and Reproduction found that a quarter of all people who were interviewed were bored with their monogamous relationship. Another a quarter stated “they were on the brink of boredom”. Women tend to feel lonely when the love in their marriage fades. Men tend to feel “trapped”. Are marriages becoming obsolete because expectations are too high or is divorce simply becoming much easier to obtain?

No Fault Divorce In New York

In 2011, New York became the 50th and final state to adopt a true no fault divorce law. Prior to 2011, the grounds for divorce in New York were adultery, cruel and inhuman treatment, abandonment for a period in excess of one year and living separate and apart pursuant to written agreement of separation. New York now recognizes the grounds for divorce where the parties have irreconcilable differences for a period of six months. This is a true no fault divorce statute.

Although divorce grounds are no longer relevant, should your marriage fail, you will face issues involving child custody, visitation, division of property and child support. To avoid these issues should your marriage fail down the road, it would be in your interest to enter into a prenuptial agreement prior to marriage or a post nuptial agreement after your marriage.

Should you have questions regarding legal issues concerning marriage and divorce, feel free to call the Law Offices of Elliot Schlissel at 516-561-6645, 718-350-2802 or 1-800- 344-6431.

Adulterous relationships occur in approximately 50% of all marriages. The discovery of the adultery by the spouse can bring profound changes to the marital relationship. The betrayal causes pain and instability within the marriage. It is estimated that in less than a third of the situations involving adultery, the relationship between the couple ultimately returns to normal.

Handling Affairs

Dr. Tammy Nelson has recently written a book deals with how to successfully save relationships after the discovery of adultery. In her book, Dr. Nelson states “often affairs are like viruses, in that they’re opportunistic and they feed on a part of one’s self that is kept under ground, unknown even to one’s self.” Dr. Nelson discusses in her book reconnecting to the basic relationship between the parties.

She suggests the parties shouldn’t go into details about the facts of the affair. Instead, the couples should concentrate on re-connecting with each other. They should open up and deal with the insecurities and other problems in their relationship.

The Book: “Getting the Sex You Want”

Dr. Nelson, in her book, talks about the shame, anger and guilt experienced by couples when illicit affairs are discovered. She discusses the fact that an affair is usually an expression of sexual energy. She suggests the couple reinvent their relationship and deal with each others’ erotic needs. Forgiveness is not the answer to an affair. Re-establishing the relationship and dealing with sexual needs is more important.

This article discusses how to save a marital relationship. However, there are cases where the relationship can not be saved. In those situations, it is important to educate yourself with regard to the various issues involved in a divorce. The Law Office of Elliot

Schlissel can assist you in these matters. We have developed an expertise involving issues related to family law, child custody, separation agreements, annulments, division of property, amicable divorce, fathers’ rights, mothers’ rights and the mediation of divorces.Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The investigators have accused Bronx Surrogate Judge Lee Holtzman of letting his attorney friends overcharge Bronx residents who died without wills for the handling of their estates. Judge Holtzman has been accused of letting lawyers, including his chief campaign fundraiser, responsible for client’s estates to remain with him for more than ten years without the appropriate legal action being taken.

The commission investigating Judge Holtzman has made recommendations that disciplinary action be taken against him. The disciplinary actions can result in the Judge’s removal and/or other penalties.

Cronyism in the Bronx

Judge Holtzman’s top fundraiser lawyer friend is Michael Lippman. Mr. Lippman raised $125,000 for Judge Holtzman’s 2001 judicial campaign. He was appointed as the attorney for the Public Administrator of Bronx County. His job was to oversee the estates of individuals who died without wills and closely related next of kin. The complaint by the Judicial Commission states that between the years 1995 and 2009, Judge Holtzman approved legal fees for Michael Lippman without appropriate documentation that Attorney Lippman had completed the necessary legal work to earn these legal fees. Mr. Lippman was allowed to collect advances on his legal fees at a time when he was in financial difficulty. His financial difficulties included over a $1,000,000 in gambling debts and owing more than $400,000 on a mortgage.

Michael Lippman, Esq. Arrested

Michael Lippman was arrested in 2010. He was charged with billing $300,000 for legal work he didn’t perform. He pled not guilty and the case is still pending in the courts.

The complaint against Surrogate Judge Holtzman stated that he had “allowed a social political… relationship to influence his judicial conduct.” The commission, in its investigation, found Judge Holtzman ignored the fact Michael Lippman was inappropriately billing estates for legal services. Judge Holtzman, through his attorney, David Godosky, claimed the commission’s allegations were untrue, and Judge Holtzman was deceived by Michael Lippman.

Wills, Trusts and Estates Law Firm

Elliot Schlissel, Esq. has used his expertise, experience and knowledge of the courts to handle probate and will contest matters before the Surrogate’s Court for more than three decades. In addition, he handles estate planning, elder care matters, Medicaid planning issues, special needs trusts and all other issues involving executors and the beneficiaries of estates. Feel free to call our office for a free consultation at 516-561-6645, 1-800-344- 6431 or 718-350-2802.