News & Insights

  • Inheritance Advance

    What Is an Inheritance Advance?

    Much of estate planning is built around how best to use assets accumulated during life to benefit future generations and other dependents. However, what happens if one of your beneficiaries needs assets during your lifetime? The fact that your beneficiary will inherit $100,000 at some point in the future is little comfort in the face … Read more

  • CONTRACT

    CAN YOU HAVE A BINDING “WRITTEN” CONTRACT IF ONLY ONE OF THE PARTIES SIGNED IT?

    Generally, under New York law, real estate transactions must be in writing and signed by the parties to be enforceable. General Obligations Law § 5-703(3) states that a contract to transfer real property is void unless the contract or some note, or memorandum thereof is in writing and signed by the “party to be charged therewith.”. … Read more

  • Overpaid

    Can You Recover Your Money If You Accidentally Overpaid Someone?

    Financial transactions happen every day all around the world. Interestingly, whether you’re buying a bottle of water or entering into a multi-million-dollar contract, many of the same basic rules apply. Among those rules are ones that govern what happens if you accidentally overpaid someone. It’s important to know what your obligations are when you pay … Read more

  • Undue Influence

    What Evidence is Needed to Challenge a Will on the Grounds of Undue Influence or Lack of Testamentary Capacity?

    It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more

  • License

    When Can a License to Use Property Be Terminated at Will?

    Landowners can allow others to utilize their property in multiple ways. One way is with a lease that generally grants a user (the tenant) the exclusive right to use and access the property during the term of the lease. A second option is to grant a license to use property. Unlike a lease, a license … Read more

  • OWNERSHIP INTEREST

    DON’T RISK LOSING YOUR PROPERTY: WHY YOU MUST RECORD YOUR OWNERSHIP INTEREST

    In New York the transfer of real property is generally evidenced by a deed which gets recorded in the office of the County Clerk) in the county where the real property is located, or in the case of property located in New York City, the City Register. The importance of recording an ownership interest and … Read more

  • disposition

    Who Decides What Happens to Your Body When You Die?

    Adults can provide instructions in their will regarding disposition of their remains or designate a person in their will who will make that decision. However, many people die without a will. In that situation, who decides what happens to your body when you die? Who Decides How Your Remains Are Disposed of When You Die … Read more

  • Assets

    Which Assets Are Not Controlled By the Terms of Your Will?

    When developing your estate plan, it is important to provide your lawyer with information on all of your financial assets. This is because executing a will is not sufficient to dispose of certain assets, known as “non-probate assets.” Such assets are not controlled by the terms of your will but must be considered in your … Read more

  • COMMISSION

    WHAT MUST A REAL ESTATE BROKER PROVE TO ENFORCE A CLAIM FOR A COMMISSION IN COURT?

    Real estate brokers generally earn their commission when they are the “procuring cause” of the sale of real property and the sale actually closes. In most transactions, it is clear that the broker procured the sale because he or she introduced the actual buyer to the seller. However, in a recent New York case, the … Read more

  • Workers’ Compensation

    What Happens If You Die While Receiving Workers’ Compensation for an Injury?

    If you were injured on the job and were awarded workers’ compensation for a set amount of time, what happens if you die during that timeframe from something unrelated to the injury? Do your heirs lose the entire unaccrued portion of the award? Well, the first inquiry required to resolve this question is whether the … Read more

What Is an Inheritance Advance?

Inheritance Advance

Much of estate planning is built around how best to use assets accumulated during life to benefit future generations and other dependents. However, what happens if one of your beneficiaries needs assets during your lifetime? The fact that your beneficiary will inherit $100,000 at some point in the future is little comfort in the face … Read more

Can You Recover Your Money If You Accidentally Overpaid Someone?

Overpaid

Financial transactions happen every day all around the world. Interestingly, whether you’re buying a bottle of water or entering into a multi-million-dollar contract, many of the same basic rules apply. Among those rules are ones that govern what happens if you accidentally overpaid someone. It’s important to know what your obligations are when you pay … Read more

What Evidence is Needed to Challenge a Will on the Grounds of Undue Influence or Lack of Testamentary Capacity?

Undue Influence

It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more