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The legislature rejects Governor Cuomo's proposal to cut spousal protections, including spousal refusal, in the 2018-19 state budget. The initial New York state budget suggested the removal of spousal refusal, which allows a spouse to refuse payment for long-term care...
There are a variety of family law matters that couples encounter when they work through the end of their marriage. For those with children, stress may arise over child support or custody, while those with a high net worth may have an especially complicated divorce due...
As an adult child of a parent entering their twilight years, you might be struggling to balance your parent's stridently independent personality with their need for care. Even starting a discussion about nursing homes, in-home care or guardianships can be difficult....
You want to know that your estate is handled according to your wishes on your passing, and spent a good deal of time painstakingly drafting copy that reflects your wishes. Yet you have been told that according to New York law, your will may not be valid because it is...
What will happen to your estate and loved ones if you become incapacitated from an illness, accident or age? Ideally, you would have addressed such a situation in a will. Incapacitation planning is an important aspect of your will and estate planning. Such plans can...
Without a doubt, the word "prenup" has made its way into many homes in the United States thanks to a string of high profile celebrity marriages. A postnuptial or postmarital agreement is a legal document designed for couples who are already married and is signed after...
There are plenty of important decisions to be made when planning your estate: How to divide your assets, whether to make charitable donations and what kind of funeral you would like. One other important factor to consider is who will be the executor of your estate. An...
People learn from experience, by watching others. When the musician Prince died without a will last year, it kicked off an intense and lengthy probate process. His estate is worth an estimated $100 to $300 million. The lack of estate planning surprised everyone,...
Law without principle is not law; law without justice is of limited value. Since adherence to principles of "law" does not invariably produce justice, equity is necessary. Aristotle, Nicomachean Ethics By Gary E. Bashian* Perhaps because of their equitable, ancient,...
The asset protection planning legal scholar, Duncan E. Osborne reminds us that, in the absence of a nefarious reason, asset protection planning is a right. He has written that: "Almost all estate planning lawyers, almost all of the time, represent honorable , law...
