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Litigation is an adversarial practice where parties will seek to take full advantage of mistakes made by the other side. In some instances, New York’s Civil Practice Law & Rules (CPLR) and other court rules do provide limited opportunities for attorneys to be excused for their inadvertent errors. While they may be forgiven in certain … Read more
Life insurance is a necessary part of any well-considered estate plan. A term life policy that covers you for a certain number of years can help ensure money is available to your beneficiaries to pay expenses after your death. Whole life coverage provides a guaranteed death benefit as well as offering lifetime benefits through access … Read more
When someone is injured by an employee of a business, it isn’t unusual for the individual to often try to hold the employer responsible for the employee’s conduct to bring a party with a “deep pocket” (and potentially their insurance carrier) into the litigation. Depending on the facts of the case, an employer may be … Read more
The failure of several banks in the last year caused many to question whether their money was protected if their bank went under. FDIC insurance is available up to a certain limit and not just for individual accounts. Almost all funded trusts have bank accounts that are insured by the FDIC. However, the amount of … Read more
Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more
In litigation, a judgment is only as good as a plaintiff’s ability to collect it. When a defendant has insurance, this is usually a less difficult process that does not require freezing bank accounts, garnishing wages, or attaching assets. The plaintiff gets a judgment, the defendant’s insurer pays the judgment. But what about when a … Read more
If you have multiple children, it is not uncommon to consider appointing more than one to act as co-executors of your will. As co-executors, they would manage estate affairs together. In some cases, this is a great decision while in others, it can lead to unintended consequences. If you want to name co-executors, it is … Read more
When employees cause harm to third parties, those parties often seek to hold the employer responsible. Employees often rely upon the names and reputations of their employers to open doors to client relationships and to create an assumption of skill and trust. If an employee abuses that access, the employer may be held liable to … Read more
An estate plan is more than just a term for end-of-life planning. It encompasses many decisions that can affect you during your life as well. While all of us would like to live a long and healthy life, the unfortunate reality is that people in the United States have a higher chance of dying before … Read more
As a general rule, you do not need to be perfect or flawless to inherit under someone’s will. If someone includes you in their will, you are entitled to your bequest, even if other people or the Court do not agree with the decision. The court’s goal is to determine and carry out the intent … Read more