I have often blogged about the importance of attorneys following the rules.  In choosing an attorney, it is very important to have an attorney that has integrity and seriously takes considers his or her ethical obligation to follow the law, counsel their clients properly, and treat the court with the authority and respect that it [...]

There were recent cases regarding relocation and the courts in these instances denied relocation.  The primary concern of any relocation is whether the relationship with the parent that is not relocating will be damaged and not be able to be maintained.  In a recent case in the Third Department, the mother appealed an Order granting [...]

One of the most difficult aspects in every divorce where there is a defined benefit pension is how to ensure the ex- spouse will receive his or her share of the pension if the participant spouse dies before the ex-spouse, who is referred to as the alternative payee. Unfortunately, many attorneys insist the participant take [...]

With the New Year comes some changes in the law. One of these changes is a new power of attorney form which will be going into effect and 180 days from when the bill was signed by Governor Cuomo which means it will be effective in the summer 2021. The purpose of the new power [...]

As an attorney practicing for over 30 years, I still sometimes grapple with what does it mean to be a good attorney.  It is a constant balance between advocating for a client, knowing the law, maintaining your integrity, and always fighting for justice. Knowing what the right thing to do is and doing it.  I [...]

As an attorney practicing for over 30 years, I still sometimes grapple with what does it mean to be a good attorney.  It is a constant balance between advocating for a client, knowing the law, maintaining your integrity, and always fighting for justice. Knowing what the right thing to do is and doing it.  I [...]

It is very important when divorcing to consider your long-term care needs. Divorce among those 50 and above has more than doubled since the 1990’s. This is particularly relevant if you are getting divorced and are over 50 or you and your soon to be ex spouse have purchased a long- term care policy, life [...]

You may wonder how can a divorce be Cooperative? Isn’t divorce and cooperative diametrically opposed? Well not necessarily. Divorce is defined as not only “to dissolve in one's marriage. but to separate would disassociate something or someone.” Cooperative is defined as mutual assistance in working toward a common goal. Cooperative divorce is when both spouses [...]

Having been an attorney representing many estates as well as serving as an executrix for a number of my clients as well as my own family, I wanted to share  my experience of a recent estate sale I held on behalf of my deceased client.  Henrietta was 92 years old when she passed. When I [...]

Does your divorce agreement have the correct language to protect you and ensure you are entitled to all you deserve such as survivor benefits, or language including gains or losses?  If it does not, you may not receive all that you could be entitled to.  An amendment may have to be prepared with the cooperation [...]