An executor is a person who is appointed to carry out the terms in a Last Will & Testament (called a “Will” for short). The testator, or person creating the Will, chooses his/her executor and alternate executors. It is an honor to be named as the executor because the chosen individual is usually the testator’s…
Sealing Criminal Records in New York Until recently, New York State did not have a procedure for sealing criminal records. Previously, New York State did issue qualified individuals Certificates of Relief from Disabilities, which assisted those with a criminal history in receiving professional licensing. Now, eligible individuals will be permitted to apply to seal their…
What is an executor? When you create your Will, you will need to choose at least one executor. Your executor is the person who probates your Will, gathers your assets, and distributes them in accordance with your wishes. [Sidebar: Probate means to submit your Will to the court so it can be legally declared valid….
Although what to do when you’re in an auto accident may seem like common sense, knowing the repercussions of the choices you make at the scene beforehand can help you make the best decision in the moment. Injuries and emotions may cloud your judgment. Having a clear plan in the back of your mind should…
This blog discusses proper dress code for a defendant to wear during pre-trial criminal court appearances (read: not for trial, testifying as a witness, serving jury duty, etc.). From experience, it absolutely matters what you wear to court. All of our clients are advised to dress properly, as we have witnessed it make a favorable…
Do you have minor children? How should you estate plan? Younger people tend to put off creating a Will and other estate planning documents because they believe it is less likely that they will need them in the foreseeable future. Additionally they feel that they don’t own all of the assets they hope to acquire,…
When you’re in an accident and suing for the injuries you sustained as the result of another party’s negligence, there are two main prongs that must be established: 1) liability (is the party at fault?), and 2) damages (dollar amount of injury and loss). It is essential that you are able to prove both liability…
At this time, recreational marijuana use is still illegal in New York State. In New York, the legal consequences of marijuana possession can range from a fine to a felony conviction and up to 15 years in prison. [Sidebar: this information is for marijuana possession only- sale, cultivation, possession of drug paraphernalia, driving under the…
Your parent’s remarriage will impact your inheritance. While talking about who will inherit your parents’ assets is a difficult topic, you may wish to discuss your parents’ plan with them, and urge them to make a Will, to avoid potential fights and hurt feelings around their assets after they pass. Disputes between children and their…
How long can I wait to be treated for injuries and still successfully sue? Even the smallest car accidents can be traumatic events. When you’re rattled, shaken up and in shock, it is difficult to think rationally. At times, emotions can override a person’s ability to notice that they’ve suffered a serious injury. Pain is…
A warrant issued for your arrest will ordinarily result in the police actively searching for you.
Texting or using your cell phone while you operate your vehicle is a form of distracted driving.
Maybe you’re in a serious relationship and considering marriage or living with someone and wondering if marriage is right for you when you have the family arrangement you already want without being married.
In New York State, the only fireworks that are legally permitted to be set off without a permit or license are Sparkling Devices (aka “sparklers). Sparkling devices are defined by NYS as “ground-based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and…
You’ve been in a car accident. You’re injured. Your vehicle is damaged. You’re shaken
up. But on top of it all, you’re also angry because even though it wasn’t your fault, you
think there is nobody to sue.
With growing participation on social media and nearly unlimited access to the Internet, cyber, and computer crimes are on the rise.
A parent passing away is always difficult. Having to gather and administer his/her assets can be an added burden during this tough time.
New York State Workers’ Compensation entitles employees to benefits for work-related injures, regardless of who is at fault. It facilitates payment for injuries, eliminating the lengthy process of a lawsuit and the requirement to prove liability.
We seem to all know that we have a right to a speedy trial, but what does this actually mean? What is a speedy trial? What happens if you don’t get what you’re entitled to? Can you get your case get dismissed? If your case does get dismissed, can you be re-charged? The Sixth Amendment…
Cohabitating couples do not have the same rights and protections as married couples. Married couples own property differently than cohabitating couples. (Sidebar: There is no common law marriage in New York, and no matter how many years you live with your significant other, it will not change your marital status.) Many of my clients…
There is new case law that is favorable to plaintiffs in negligence/ personal injury cases. The New York Court of Appeals recently removed a hurdle for Plaintiffs in these cases.
As Americans, we have a constitutional right to privacy, protecting us from unreasonable searches and seizures of our private property. That means that evidence found during an unreasonable search may not be used against a defendant. First let’s define “search,” “seizure,” and “unreasonable.” A search is where the police intrude into an area where a…
Why millennials need an estate plan Young people often have a false sense of security that they do not need a will. Due to this, an estimated 78% of millennials do not have wills, which isn’t surprising when about 60% of all Americans do not have an end-of-life plan. It is crucial to have an…
Suffolk and Nassau Counties have both filed separate lawsuits against nearly two-dozen pharmaceutical manufacturers, distributors, and doctors. The suit accuses drug companies and physicians of exacerbating the county’s opioid epidemic. Suffolk County’s lawsuit seeks damages to cover increased county Medicaid costs, rehabilitation programs, law enforcement and the medical examiner expenditures. The County will also…
In New York, there are three degrees of assault charges: Assault in the First Degree, Assault in the Second Degree, and Assault in the Third Degree. The degrees of assault differ in the means by which the assault is committed and the severity of the injuries.
Are you adequately insured by your car insurance policy? What does your car insurance cover? Car insurance is a requirement in New York; if you own or drive a vehicle, that vehicle must be insured. (Sidebar: operating a vehicle that does not have insurance coverage can land you a ticket with a penalty of 15…
Currently, 16 and 17-year-olds in New York State are automatically prosecuted as adults in our criminal justice system. The laws are soon changing to raise the age of criminal responsibility to age 18.
Motor Vehicle Accident Injuries on Long Island Did you know that motor vehicle accidents are a leading cause of injuries and deaths on Long Island? In Suffolk and Nassau counties, car accidents are the second leading cause of both hospital Emergency Room visits and hospitalizations*. Alarmingly, car accident deaths are a leading cause of death…
What is “Criminal Possession of a Controlled Substance” in the State of New York? Does that include marijuana? Is the same charged issued for possessing heroin, cocaine, marijuana or prescription pills?
Just because you were in an auto accident does not mean that you can successfully sue for personal injuries, even if you were in fact injured. In New York State, there are certain standards that must be met in order to initiate a lawsuit. In other words, you must have what is known as a…
What if the officer did not read you your rights?
Upon police interrogation, where you are not free to leave, police are required to read Miranda warnings to you (also called, being Mirandized or reading your rights). What are Miranda warnings?
Hiring an attorney might not be the first thing on your mind after you’ve been in an accident. Maybe you are severely injured and all of your focus is on the treatment and healing of those injuries.
Super Bowl Sunday is one of the biggest drinking days of the year. In an effort to prevent alcohol-related accidents, the New York State STOP-DWI Program is implementing a statewide crackdown on drinking and driving that will begin February 2, 2018, and end on February 5, 2018.
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