Do you have enough money to retire? This is a question baby boomers are starting to think about. How much money do you need before you retire? What is the best way to plan for retirement? When Should You Start Saving? Experts agree that you should start saving for your retirement as early as possible. The longer you defer putting aside money in a … [Read more...]
Family Court Deals With Orders of Protection
In a recent decision, Justice John Leventhal of the Second Department of the Appellate Division (Appeals Judge) wrote a unanimous decision in the Matter of Briannal, 2012-05594. This decision reversed a lower court order. In this case, Justice Leventhal stated "the Family Court has the unique resources to effectuate and determine the best … [Read more...]
Decedent Considered Married Despite Not Having A Marriage License
The Surrogate Judge of Kings County, Diana Johnson, recently held a hearing related to the probate of a decedent's estate. She was presented with the issue of whether the decedent and the objectant, Avrumson, were legally married. The marriage took place before Rabbi Dembitzer at the Rabbi's residence. However, there was no marriage license. The … [Read more...]
Grand Jury Decision Reversed
In a rare ruling, the Appellate Division of the Third Department, an Appeals Court in the State of New York, reversed the conviction of a man who had been charged with robbing a convenience store. The Appeals Court found the prosecution's "fundamentally flawed" presentation to the grand jury was rife with inadmissible elements. The court found the … [Read more...]
Trust Documents Declared Void Due to Lack of Mental Capacity
In a case before Robert Gigante, sitting in Richmond County, New York, the Surrogate Judge had set aside a trust based on the lack of mental capacity of the individual who executed the trust. One of the decedent's children contacted a lawyer and requested the trust document to be drafted. The lawyer drafted the documents pursuant to the request of … [Read more...]
Estate Planning Documents
Will The purpose of a will is to set down the manner and disposition of an individual's assets and his or her estate, at the time of his or her death. A will has no effect during a person's lifetime. It only deals with the disposition of the person's assets at the time of death. The will should be crafted by an experienced estate planning lawyer. … [Read more...]
Bankruptcy Fallacies – Part I
One of the most widely held beliefs concerning individuals who file bankruptcy is they will never be able to obtain credit again. This is simply untrue. Although a bankruptcy filing will be maintained on your credit report for 10 years, most individuals who file bankruptcy can rehabilitate their credit within 18 months. A debtor who files for … [Read more...]
Deceptive Police Tactics
The New York State Court of Appeals (the State's highest Appeals Court) will be hearing a criminal case where the main issue is coercive, involuntary or false confessions made by deception to police interrogators. The court is concerned regarding the issues of psychological coercion. One of the cases the court is looking at involves a defendant … [Read more...]
Happy Holidays: I Want a Divorce
Spouses, in unhappy marriages, often wait until the end of the year, after the holiday season, to decide to move forward with their divorces. This is especially true when the parties don't get along and the frustration between the spouses boils over related to get-togethers that go poorly at Christmas time. Spouses that are not happy in … [Read more...]
Sex Offenders Entitled to a Hearing
Gaspari Gutierrez-Lucero was convicted in 2003 of attempted first degree sodomy. The victim was the 6 year old daughter of his girlfriend. He received a sentence of three and a half years in prison and an additional five years of post-release supervision. On January 6, 2011, a hearing was held under the Sex Offender Registration Act (SORA). The … [Read more...]
