Articles

9 October, 2018

Lemon Law Articles

If you buy a defective vehicle, you should be reimbursed for everything from the car itself to all the incidental costs like a rental car, cab fares, lost wages, etc. With a legitimate case and the right documentation, a quality lemon law attorney should be able to get all of this for you; without breaking your bank in the process. Continue reading →

Opt Mobile Notary Service Los Angeles CA

21 November, 2018

International Law Articles

These notaries are classically utilized as part of the mortgage closing process where multiple parties' signatures require to be collected. Continue reading →

Why Should You Contact A Workman’s Comp Attorney Macon ASAP?

31 January, 2019

Wrongful Death Law Articles

Holding a job in a factory or a risk prone industry is fraught with dangers. It is essential to keep yourself protected while carrying out your functions effectively. Continue reading →

According to the Department of Transportation, 42 percent of all motorcycle-vs-car accidents are caused by drivers making unprotected left turns at intersections or turning left while a motorcycle is attempting to pass. Continue reading →

Determining Paternity in Chicago, Illinois

Having to take a DNA test is not always the first thing men want to do or women want to ask to have done. But it is the only way to find out if a child is yours or not. However, legally establishing paternity in Illinois is a little different. And even more so, denying paternity. Continue reading →

Why You Need a Living Will

Making medical decisions for a loved one is extremely difficult, but making end of life decisions for someone is legally impossible without proof of his or her wishes. In New York, nobody may make end of life decisions for another–such as to forgo life sustaining treatments which only serve to artificially prolong one’s life—unless there is “clear and convincing” evidence of that person’s medical wishes. A Living Will document is the standard manner in which that burden is met. Continue reading →

Basic Steps in a Residential Real Estate Transaction

Selling or purchasing real property can be one of the most significant transactions in your life. The information below is a general guide to the basic steps in a residential real estate transaction. Complex issues may arise during a sale, so you should retain an experienced real estate attorney to represent you. Continue reading →

What happens to your house when you enter a nursing home?

14 October, 2020

Elder Law Articles

When someone enters a nursing facility for long term placement, there are several ways the Chronic Medicaid program can treat the primary residence. Usually the primary residence is a “countable asset” for the Medicaid applicant and needs to be sold. However, there are some exempt transfer and planning techniques that can preserve the primary residence. Continue reading →

What is the Role of an Attorney in a Real Estate Closing?

A “closing” in legal lingo is the final step in a real estate transaction. A real estate closing is when the purchaser obtains title to the property, evidenced by a deed from the seller to the purchaser or stock in a cooperative apartment. Simultaneously, the seller obtains the net proceeds from the sale. This event is usually attended by the seller, purchaser, their respective attorneys, the title closer, the bank attorney (if the purchaser has obtained financing) and the real estate agents. Continue reading →

How to Object to a Will

In order for a person to contest a last will and testament (“will”) in New York, he or she must have legal grounds. This means a reason based in the law that the will is invalid and should not be admitted to probate. Admitting a will to probate means that the executor named in the will is appointed by the Surrogate’s Court. The executor then distributes the decedent’s assets as dictated by the will. The most common grounds for challenging a will are improper execution, lack of testamentary capacity, and undue influence. Having grounds for contesting a will takes more than simply disliking the terms of the will or being unhappy with its distribution. Continue reading →

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Does a Biden-Harris Presidency Affect My Estate Plan?

17 January, 2021

Estate Planning Law Articles

Certain Biden-Harris proposals may, if enacted, have a significant effect on your estate plan. 2020 was a monumental year with many changes and 2021 may bring changes that affect your estate plan. There was a political shift in Washington, changes to the New York State Medicaid program, a world-wide pandemic, and amendments to state and local laws. So regardless of the policies and laws that have been proposed by President Biden and Vice President Harris, 2021 is a good time to review your estate plan with your attorney to ensure your planning is in line with the changes wrought by a tumultuous year. Continue reading →

Don’t Fall over the Estate Tax Cliff

13 January, 2021

Elder Law Articles

New York State has an estate tax “cliff”, which means that if an estate exceeds 105% of the New York estate tax exemption then the estate will receive absolutely no exemption from New York estate taxes and the entire value of the estate is subject to New York’s estate tax. Since the 2021 NYS exemption amount is $5.93 million, estates larger than $6,226,500 are subject to New York State estate tax rate. The New York estate tax rate ranges from 5% to 16%. This estate will receive absolutely no exemption from New York estate taxes. Hence the necessity to avoid the dreaded estate tax cliff, if possible. Continue reading →

Do Bank Accounts Go Through Probate?

7 January, 2021

Probate Law Articles

Whether a bank account must go through probate depends on how the account was held – jointly or in the decedent’s sole name. Like real property, bank accounts can be owned in many ways. If a bank account is held jointly between two or more parties, there is usually a right of survivorship. This means that if two people are co-owners of an account, and one owner dies, the surviving owner inherits the account, without the need for probate. Continue reading →

Article 81 Guardianship Proceeding

6 January, 2021

Guardianship Law Articles

A guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters. The Court must find that the alleged incapacitated person (or “AIP”) cannot appreciate the nature and consequences of his or her inability to handle such matters and that the AIP is likely to suffer harm if a Guardian is not appointed. Continue reading →

Immediate Need Medicaid: The Fastest Route to Homecare Services

18 December, 2020

Elder Law Articles

Immediate need Medicaid is an expedited application process to receive long term care at home paid for by Medicaid. Unlike the standard Medicaid application process, which can take approximately 6 months to receive services, those applying for immediate need Medicaid tend to receive care at home within one month of applying. Continue reading →

What are the Different Kinds of Deeds?

A deed is a legal document used to convey title to real property. There are different types of deeds that may be used depending upon the circumstances of the transfer. It is always best to consult an experienced real estate attorney who can prepare and advise which type of deed should be used to meet your specific needs. Continue reading →