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White Plains Legal Issues Blog

Practical decisions rule during property division negotiations

Going through a divorce can challenge anyone.

While it is easy to become overwhelmed by everything that is going on it is important to stay focused, and closely consider all the ways that different options can impact your future.

Property division is one of the harder areas of divorce for many people because it involves having to split up everything from the silverware to the real estate holdings.

Property division is only further complicated when you and your ex determine that you want the same assets.

Needless to say, experienced counsel - like that provided at Bashian P.C. - is necessary to negotiate this process.

Making sure that your real estate closing goes smoothly

Buying and selling real estate for residential purposes can be very stressful.

Often, buying a home is the biggest purchase that you will ever make, and it has an undeniably huge impact on your life.

While the administrative aspects of a real estate transaction can seem overwhelming, it is possible to make the process smoother by being proactive and staying organized.

Contact Bashian P.C. if you have questions about some of the simple ways you can ensure that your real estate closing will go as smoothly as possible.

Job loss can lead to divorce

If you lose your job, you may find yourself looking at more than just trouble paying your bills.

You could actually find yourself facing the end of your marriage.

The unfortuante reality is, studies have found that losing a job increases the odds of divorce.

One such study looked at men who did not have a job, for instance, and discovered that they had greater odds of asking for divorce and of having their partners file for divorce.

It seemed that, no matter who initiated it, divorce became more common for the unemployed.

Drafting a shareholder agreement

If you run a business, you may benefit from having shareholders.

Shareholders all own a part of the business, and for this reason, they are often incentivized to push for its success.

However, shareholders - by their very nature - can create tensions and conflict that can be challenging to solve.

This is why having a clear and effective shareholders' agreement is vital to a business' success as it can help avoid legal issues between shareholders, directors, and officers.

A shareholder's agreement should address all potential issues that could arise in the future, and should outline the rights and obligations of each shareholder.

If you have questions about shareholder's agreements, their pros, as well as cons, contact Bashian P.C.

Conflicts may arise after the death of a trustmaker

If a loved one created a trust as part of a complete estate plan, you may be fortunate.

A trust is often an excellent tool for protecting assets and allowing beneficiaries to access those assets soon after the trustmaker's death rather than having to wait through the probate process.

However, there are some factors that can complicate the settlement of a trust.

If you are the beneficiary of a revocable living trust, and you have questions about what is holing up your inheritance or whether your situation may ultimately require litigation to reach a resolution, contact Bashian P.C.

No children? You still need to create an estate plan

Often, family, friends, and co-workers will say that they did not consider creating an Estate Plan until they had children, and that the focus of their Estate Planning is to protect their children in the event that they themselves unexpectedly pass away.

Needless to say, Estate Planning for the benefit of one's children is a smart and natural approach.

However, Estate Planning is by no means something that should be considered exclusively by people with children.  

Indeed, individuals and couples without children - especially those with a high net worth - can benefit immeasurably from a well-crafted Estate Plan.

If you have not considered creating an Estate Plan because you have yet to start a family, contact Bashian P.C. and ask how you - and your spouse or partner - will uniquely benefit from our Estate Planning services. 

Do I need a business succession plan?

As a business owner, you never seem to run out of work to do.

Whether it's meeting customer needs, managing your employees or upgrading your company's services or location, you always have a task that needs attention.

But once you've launched your business, you need to add one more item on your to-do list: establishing a business succession plan.

If you are a busniess owner, and have no clear successin plan in place, contact Bashain P.C. as we can walk you through this often comlex process stp by step.  

Understanding the types of charitable organizations

Starting a charitable organization can be a great way to give back and to make a positive impact in your local community or society as a whole.

It can also have significant benefits from a tax perspective, allowing your money to go further toward reaching your charitable goals.

However, starting a charity requires that you understand the difference between the different types of charitable organizations.

Doing so will help you to select the best option for your needs. 

If you are considering creating a charitable organization - for tax planning or any other purpose - Bashian P.C. can help. 

Childless couples can prevent future issues with an estate plan

It's not always easy to think about the future, particularly when it comes to considering one's death and what will happen to his or her estate. Y

ou may find these factors difficult to think about, and you may decide it's not really necessary because you do not have kids.

This is actually not true. There are many reasons why childless couples will benefit from estate planning. 

Even without kids, you and your spouse probably have strong feelings about what will happen to your assets, including money and various types of property after you die.

Without a will, a court gets to determine what happens to your estate, and it can leave loved ones in a legal predicament as they may then try and stake a claim to property and assets.

It can be quite complicated, and you can avoid these issues with a strong estate plan in place.

What is Undue Influence?

Under New York Law, there are four general grounds upon which to contest the validity of a Will.

These grounds - or Objections - include: the person who made the Will lacked "Testamentary Capacity;" the Will was not "Duly Executed;" the Will was a product of "Fraud or Duress;" and one of the most common - that the person who made the Will was the victim of "Undue Influence."

After a loved one passes, if you believe that their Will does not reflect their true final wishes, there is the possibility that they were subject to the "Undue Influence" of another.

"Undue Influence" itself is generally defined as:

"...moral coercion which restrained independent action and destroyed free agency...it must not be the promptings of affection; the desire of gratifying the wishes of another; the ties of attachment arising from consanguinity, or the memory of kind acts and friendly offices, but a coercion produced by importunity, or by a silent, resistless power which the strong will often exercises over the weak and infirm, and which could not be resisted, so that the motive was tantamount to force or fear."

In order to prove "Undue Influence," the person challenging the validity of the Will has the burden of establishing that someone not only was the victim of "Undue Influence" as defined above, but that the person exercising the "Undue Influence" had both the "motive," and "opportunity" to exercise "Undue Influence," and that they "actually exercised" "Undue Influence" over another.

If you believe that a loved one's Will may have been the product of the "Undue Influence," and seek to challenge the validity of that Will, Bashian P.C. may be able to help. 

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