The Elliot Schlissel New York Law Blog

Do you have assets? Do you own a house? Have you been married more than once? Do you have children from more than one relationship? Are you concerned about what happens after your death to your spouse and/or your children? Are you single? All of the above individuals need a Will.

Estate contests often develop between children from the first marriage and the second wife. Issues arise when a man or a woman has children from more than one relationship. Sometimes loved ones have financial difficulty and the possibility of receiving assets in an estate brings out the worst in them.

There is a simple way to avoid unnecessary expensive litigation that can last from months or years. Write a Will! A Will states who your loved ones are, what your assets are and who will receive your assets at the time of your death. No one looks forward to dying. The thought of writing a Will is often an issue that individuals seek to put off. However, a Will should be written when you are competent and healthy not right before your death.

Attorneys that handle Wills & Estates prepare Wills. They are generally speaking inexpensive documents to have prepared. They simplify your end of life issues and allow your assets to pass in an orderly manner. Wills cut down on financial disagreements developing among your heirs and loved ones.

If you die without a Will your assets pass to your loved ones through administration proceedings. These proceedings can be time consuming and tedious. More than one person can request to be the Administrator of your estate. This can lead to arguments, bad feelings and increased attorney’s fees.

If you have assets or loved ones, you need a Will! Have it written by an attorney before you are too sick and old to deal with it.

Should you have questions regarding drafting a Will, feel free to call the Law Office of Elliot S. Schlissel to discuss these issues at 1-800-344-6431 or email us at schlissel.law@att.net.

James Cameron’s blockbuster movie, Avatar, has recently become the most financially successful movie of all time. It’s new-age 3D cinematography makes the movie both moving and compelling.

The planet Pandora is simply beautiful. It has floating mountains and beautiful natural vegetation. The Na’vi are the 10 foot blue-skinned inhabitants of Pandora. They live off the land in a beautiful, natural existence. They kill only those animals necessary to supply themselves with food. A global corporation that is intent on mining valuable minerals from Pandora is prepared to destroy the Na’vi’s precious ecosystem to meet their greedy needs. The mining company has developed Avatars, which are part human, part Na’vi bodies. The employees of the mining company can interact with the natives through these beings.

An Avatar working as a spy for the mining company falls in love with a Na’Vi realizing the terrible plan of the mining company which he has been a central figure of will destroy the beautiful existence of the Na’vi’s. He turns against his own people. The movie has an anti-imperialism theme. The mining company resembles American corporations operating in third-world nations. The soldiers working for the mining company have many similarities to the United States Armed Forces. The actions of the mining company can be considered genocidal.

The movie ends on an uplifting note. Although a science fiction flick, it does give you something to think about.

-Elliot Schlissel

Picture courtesy of Cool Blish.

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Captain Chesley Sullenberger, III, the pilot of US Airways, Flight 1549, is known to most Americans by his nickname, “Sully”. Sully miraculously executed an emergency landing of a jet plane that took off from LaGuardia Airport on January 15, 2009. His heroic, expert flying technique and years of preparation allowed him to safely land his air bus A320 in the Hudson River. All 155 passengers on board were safely removed from the plane. This spectacular feat of pilotry did give him an enormous amount of publicity.

Sully is a charming true American hero. He talks about himself with genuine modesty. He credits his training and commitment to becoming the best pilot he can possibly be.

Sully has collaborated with Wall Street journal writer, Jeff Zaslow , to write his memoir entitled, Highest Duty: My Search for What Really Matters. This book recounts the details of the miraculous emergency landing. It also talks about Sully’s upbringing and various events in his life that shaped his character. These events enabled Sully to grow into a man capable of handling the challenge of safely landing a large air bus A320 airplane in the Hudson River with both engines knocked out by bird strikes.

Sully in his book states ” In so many areas of life you need to be a long term optimist, but a short term realist. Sully’s philosophy should act as an example to many of us when dealing with difficult situations. Sully is a true American hero and an excellent role model for many of us to follow.

-Elliot Schlissel

Many Americans unfortunately find themselves having difficulty paying their mortgages. When a family falls behind on their mortgage payments, there are a number of ways to deal with the situation. Houses go into foreclosure for a variety of reasons. Loss of employment, divorce, injuries, illnesses and disabilities. In this situation, you have a number of options:

1. Mortgage Modification 

An application to your financial institution can be filed for a mortgage modification. This is a long and difficult process and unfortunately in many situations, the request for mortgage modification is denied. 

2. Forebearance Agreement 

Forbearance Agreements are agreements to allow you to catch up on your Mortgage while either freezing or modifying the mortgage payments. They are very similar to mortgage modification arrangements. 

3. Bankruptcy 

You can file a Chapter 13 Bankruptcy in the United States Bankruptcy Court. Bankruptcies are Federal Proceedings whereas the foreclosure proceedings are initiated in state courts. The bankruptcy filing gives you an automatic stay (freezes) the foreclosure proceeding and allows you to enter into repayment plan thru the bankruptcy court concerning your debt. Deed in Lieu of

4. Foreclosure

 You can simply deed your house back to the financial institution. 

5. Sell Your House 

You can sell your house, pay off the mortgage and keep the balance of the proceeds from the sale. If your house is worth less than the amount of your mortgage, you have to initiate a short sale with the permission of your financial institution. 

6. Fight Back 

Experienced Foreclosure Defense Attorneys can help you in defending foreclosure proceedings. Due to the large volume of cases, currently pending in New York State Courts, it could be 12 to 24 months for the foreclosure to be completed.　

7. Foreclosure 

Does this mean the bank owns my house? 

Foreclosure is the start of a process whereby a financial institution that has a mortgage or equity loan on your home seeks court intervention to have the house either sold or have the deed put back in the name of the financial institution. It is a long and detailed process. The foreclosure Is the start of the process and not the end of the process. The end of the process is the point at which you lose your home. The best way to deal with this process is to hire competent, experienced, Foreclosure Defense Attorneys. 

Fighting foreclosures are difficult but they can be dealt with by experienced dedicated attorneys who understand the foreclosure process. Feel free to contact our office anytime for information or a free consultation regarding our mortgage modification, foreclosure, and bankruptcy services. We will help you decide which path is right for you and then we will help guide you through the entire process.

You can reach us 24/7 at 800-344-6431 or click here to e-mail us.

Picture courtesy of planohomesandland.com.

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Sixty-five years ago, today, marked the beginning of the largest and bloodiest American battle in World War II.

After the tide had already begun to turn in the Allies’ favor, Hitler made one last, desperate attempt to break the American/British advance toward Berlin.

Hitler himself planned the attack for the Ardennes region of Belgium, which was relatively thinly guarded. The plan was to cut off the American and British troops from one another and then cut off the Allies’ only Atlantic supply port in Antwerp, Belgium.

Despite being outgunned by a concentration of the remaining German forces, U.S. troops there were able to slow the German advance,  that created the “bulge” in the battle lines, with a tenacious defense. In fact, just one 18 soldier platoon of the 394th Infantry regiment was able to stall a German Tank battalion for a full 20 hours before they were finally captured.

In all, 23,000 American soldiers were captured and 19,000 were killed in the month-long Battle of the Bulge, before the Allied forces finally beat back the German advance and won the battle. Just a few months later, American and British forces from one side, and Russian forces from the other side, rolled into Berlin.

We honor the lives and memories of all of those veterans who gave their lives in defense of liberty.

-Elliot S. Schlissel, Esq.

800-344-6431

White House Chief of Staff Rahm Emanuel Lights Chanukah Menorah in Front of White House on Sunday

Many of us  know that Chanukah is the Festival of Lights. One way that many communities have tried to spread the light of Chanukah is by holding public Menorah lighting displays in town and city centers throughout the United States and the world. 

This raises an interesting question of whether public Menorah lighting ceremonies and public Menorah displays on city property violate the First Amendment’s “Establishment Clause,” which prohibits the government from passing a law” respecting the establishment of religion.” The ACLU, among others, has litigated this issue in an attempt to stop people from holding public Menorah lighting ceremonies in public parks or on public property. 

When Rabbi Yossi Kaplan, of Chabad of Chester County, PA, applied to place a public Menorah on the property of the Allegheny County Courthouse, the ACLU sued the county to stop them. The two sides ultimately took the case all the way up to the Supreme Court of the United States, which issued its decision in favor of Rabbi Kaplan and Allegheny County almost exactly twenty years ago. You can read the decision of County of Allegheny v. ACLU, 492 U.S. 573 (1989). 

The court held that given the context in which the Menorah was displayed, it did not appear to either endorse or prohibit a particular religion but, together with the Christmas tree that was also displayed, sent the message that both holidays held a place in the national culture, but fell short of actually endorsing a religion. 

Thus, one can find public Menorah lightings in most cities with Jewish communities today. 

Happy Chanukah!

A New York judge is presiding over the divorce proceedings of a Jewish couple. When the final papers have  been signed, and the divorce is complete, the woman thanks the judge and says, “Now I have to arrange for a Get.”

The judge inquires as to what she means by a “Get.” So, the woman explains that a Get is a religious ceremony required under the Jewish religion in order to receive a divorce recognized by the Jewish faith.

The judge says, “You mean a religious ceremony like a Bris?”

She replies, “Yes, very similar, only in this case you get ride of the whole shmekel!”

-Elliot S. Schlissel, Esq.

800-344-6431

Picture courtesy of Ontario Divorce Judge.net

There is a growing feeling among fathers who deal with the Family Courts and the Supreme Courts in the State of New York on matrimonial and family law matters that they are being treated unfairly. The law in the State of New York says that fathers and mothers have equal rights to custody. There is no presumption that mothers should receive custody and fathers should pay child support. However, many fathers who have dealt with the legal system come away with a sour taste in their mouth due to bias in favor of the mother.

Father’s rights attorneys are matrimonial and family law attorneys with extensive experience in protecting the rights of fathers involved with custody, support and visitation matters. If you feel you are being treated unfairly, contact the father’s rights attorneys at the Law Office of Elliot S. Schlissel. We can help you!

-Elliot S. Schlissel, Esq.

800-344-6431

Picture Courtesy of SouthWesternDifference.info

Two articles that originally appeared on this blog were recently featured at GetLegal.com.

One article which originally appeared here was published at GetLegal at the very end of last month: COMMENTARY:  Fetal Homicide Laws & Legal Abortion – The Common Denominator

The other article which originally appeared here was published this past Monday: Driving While Intoxicated (DWI) Without Actually Driving

Picture courtesy of Daron Sutton.

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In addition to his wide-ranging experience in most major areas of law in general, and his extensive experience in Matrimonial and Family law  in particular, Mr. Schlissel has a particular expertise representing fathers in child custody matters.

Feel free to browse his Father’s Rights website for more information about that, or contact the office directly.