In New York State, parents are legally obligated to support their children until they become emancipated at age twenty-one (or sooner, under certain circumstances). The child support laws are codified as Domestic Relations Law § 240(1-b), commonly known as the Child Support Standards Act. DRL §240(1-b) requires each parent to pay support based upon a …
The Easter Bunny and New York’s Child Support Law Read More »
A will has no force nor effect until it is probated and the Surrogate determines that it is genuine, that the testator had testamentary capacity, that he was not unduly influenced by another person, and that he published the will before signing it. When a proposed executor submits a probate petition, he must notify …
It’s a dilemma that every estate planner faces. Mrs. Martinez’ grandniece, once removed, (GNOR) makes an appointment for her to make a will. At the appointed time, they arrive together . . . alone. Mrs. M. is a lovely lady somewhere between 80 and 120 years old, has a strong accent and doesn’t hear well. …
Estate Planning for the Elderly (With Apologies to Dr. Suess) Read More »
Generally, property owners in the City of New York and villages on Long Island owe no duty to pedestrians to remove snow and ice that naturally accumulates on the public sidewalk in front of his or her premises. A failure to shovel may result in a fine from the local municipality, but no liability to a third-party plaintiff.
New York Wrongful Death Damages Are Not Always Fair
In New York, a dog owner can be held liable for a dog bite under a theory of strict liability if the owner was, or should have been, aware of the dog’s vicious propensities. But what if your dog simply has a propensity to playfully jump on people? A Brooklyn Supreme Court judge recently granted summary judgement …
Son in law’s dog knocks mother in law down stairs Read More »
In New York, property owners owe a duty of care to remove dangerous snow and ice conditions on their property. If snow or ice exists on a person’s property, they could be liable for a slip and fall if they were negligent in failing to remove the snow or ice. Negligence can be defined as: acting, or …
What happens if the mailman slips on snow and ice on your property? Read More »
Believe it or not, in America, more adults have pets than children. Most people consider their pets as part of their families. A 2007 survey of the American Animal Hospital Association found that 83 percent of pet owners refer to themselves as their pets “mom” or “dad”. So what happens to these pets when their “parents” die …
Concerned about the welfare of your pet if you become sick or die? Consider a pet trust. Read More »
There seems to be a population explosion of dogs on Long Island. Walk around Manhasset and you will see or hear a dog in practically every home. For all you dog owners out there, should you be concerned if Rover is not on his best behavior when the mailman or kids walk by? Absolutely. In New York, …
Take a look around you while your driving. Chances are you’ll see people not only talking on their cell phones but conducting business on them: texting, e-mailing, even sending and receiving documents. Today’s technological age means people can work anywhere, anytime, but this convenience comes with a price for business owners: Distracted drivers who hurt …
