The laws in New York protect spouses in estate cases. New York has a very specific law to protect a spouse's inheritance rights. The law in New York allows a spouse to have what is called an "elective share". The elective share in the spouse's estate is the greater of $50,000.00 or one-third (1/3rd) of the estate. This elective share takes into … [Read more...]
Guardianship Attorney
Guardianship, in the State of New York, refers to proceedings to help individuals who are either in declining health, are unable to take care of their personal needs and/or financial needs, or who have been taken advantage of by third parties, fraudsters, friends, neighbors, or other loved ones. The purpose of a guardianship proceeding is to help a … [Read more...]
Running Out of Money in Retirement
Retirement is supposed to be the golden years. However, today the issue of how much money you need in retirement is becoming a much more complex issue. Although it is important to save for retirement, you shouldn't scrimp and deprive yourself for a retirement that may never happen. The big problem is running out of money while you are retired. … [Read more...]
President Obama Orders the Creation of New Retirement Accounts
On Wednesday, January 29, 2014, President Obama gave his State of the Union address. During the course of his address, he ordered that a new type of employer sponsored saving account be created for the purpose of helping people save for retirement. The President suggested creating this new class of retirement saving account would help middle class … [Read more...]
Juvenile Delinquency Proceedings Dismissed
A juvenile delinquency proceeding was brought before Judge Joan Posner sitting in the Family Court of Dutchess County. The presentment agency had brought a petition against a minor named Jared J.P. The allegations were that Jared had committed acts which constituted an attempted assault and the crime of menacing if he were charged as an adult. They … [Read more...]
Foreclosure Action Stopped by Death
Nettie Francis had executed a mortgage. The holder of the mortgage brought a foreclosure lawsuit against her. In May of 2010, the court had declined to sign a proposed judgement of foreclosure and sale. The court took this action because there had not been a submission of an order showing the mandatory residential foreclosure court conference had … [Read more...]
Spousal Refusal And Medicaid Planning
In the States of Connecticut, Florida and New York spousal refusal to pay for a spouse's medical expenses can be an acceptable Medicaid planning technique. The spouse of an individual who goes into a nursing home and applies for Medicaid is referred to as the "community spouse." This spouse can keep approximately $3000 a month of the family's … [Read more...]
Retirement Problems
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...]
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...]
The Right To Die
There was a recent case in Long Island, New York concerning issues surrounding "the right to die." Sungeon Grace Lee, age 28, decided her life was no longer worth living. She advised her doctors she wanted to end her life by cutting off the life support system keeping her alive. Her parents, who are deeply religious, vehemently opposed their … [Read more...]
