A Chapter 13 bankruptcy actually starts to work when the debtor files a petition. The petition includes schedules, a statement of financial affairs and a counseling certificate by an accredited bankruptcy counseling organization. The debtor must file a statement of current monthly income and a projected calculation during the 3 to 5 year period … [Read more...]
Guardianship Proceedings in Surrogate’s Court
Guardianship proceedings in the Surrogate’s Courts in New York State are regulated by Article 17A of the New York Surrogate’s Court Procedure Act. Pursuant to guardianships brought under Article 17A, parents who have a child who is either developmentally or intellectually disabled can maintain decision making authority for the child after the child … [Read more...]
Special Needs Trusts: What Are They and Who Needs Them?
Special needs trust are designed to assist physically or mentally disabled individuals. These trusts are also sometimes referred to as supplemental needs trusts. They allow monetary assets and other types of assets to be maintained for the disabled individuals. These trusts protect the assets and give the special individuals the use and enjoyment … [Read more...]
Estate Litigation In New York
The purpose of estate planning is to develop a plan that minimizes or avoids estate litigation. However, if you are an heir, a creditor, a family member, a child, or a spouse of someone who died and you feel that you have been treated unfairly and/or there has been undue influence fraud or duress, a will proceeding, administration proceeding or … [Read more...]
Advanced Directives
Living Will Living wills should not be confused with last wills and testament. Living wills do not provide for the disposition of assets after death. Living wills are designed to state an individual’s preference with regard to medical treatment should they be unable to communicate or direct their doctors or family members concerning their wishes. … [Read more...]
