A recent article in the New York Times discusses the pitfalls of reverse mortgages, including the effect such a mortgage may have on the heirs of the borrowers in question. A recent blog post also examined the possible negative legal ramifications of reverse mortgages on seniors and their surviving spouses.…
New York Real Estate Lawyers Blog
Marital Rights in a New York Estate
Our clients have inquired as to the consequences of the termination of a martial relationship upon rights in a New York estate. The resolution to this issue depends upon whether the relationship was legally terminated through a divorce and whether the estate is being conducted as an administration or a…
Every Hoarder Needs a Clutter Reduction Program
Our readers may have read a recent article in The New York Times concerning a compulsive hoarder (or “collector”) and his struggle to clean out his rent-stabilized apartment in order to avoid eviction. While this situation is so notorious that it even became the subject of an episode of the…
Relgious Land Use Act as Applied in Westchester County, New York
In 1999, the Town Board of Greenburgh, located in Westchester County, New York, reviewed an application of the Fortress Bible Church to build a church and school on land that it owned within the Town borders. After review by the Town Board, the Board rejected the application, claiming that there…
Who Gets My Stuff?
The Associated Press recently reported about a controversy concerning treasured possessions belonging to Dr. Martin Luther King Jr. Dr. King’s daughter Bernice King is currently in possession of his Nobel Peace Prize Medal and personal Bible. Her brothers, who control the Estate, have been attempting to seize these items, so…
Non-Compete Clauses in Commercial Leasing
A prior blog post discussed the legal issues relating to the sale of a business or professional practice. One issue mentioned in that article was that of a non-compete clause. This blog post will discuss that issue in further detail as it applies to commercial leasing. As a great deal…
Trusts Part II: Specialized Trusts Play Role in Estate Planning
In our last blog post , we described trusts in general terms. This blog post will define and describe particular specialized trusts, including their purposes and benefits. A Medicaid Trust allows for the assets to be held in trust so that the settlor will qualify for Medicaid and other governmental…
Trusts Part I: Estate Planning for Astute New Yorkers
Trusts provide a valuable tool in estate planning because they serve the purposes of preserving assets, protecting intended beneficiaries, and potentially saving or eliminating estate taxes. A trust is a legal document that conveys a “corpus”, or body of assets, from the settlor (the person who creates the trust and…
Actions for Damages After a Closing for Property Conditions
Our firm recently defended the sellers of a house located in Westchester County. When the property was originally inspected by the buyers, prior to a contact being entered into, a rodent infestation was discovered in the attic of the house. The buyers and sellers agreed that the infestation would be…
Actions Under New York State Religious Corporation Law
Our firm is often retained to represent parties in disputes regarding the control of religious institutions. Such disputes are usually governed by the New York Religious Corporation Law. The law governs all religious institutions, including the so-called “major” religions, Christianity, Judaism, Islam, and Hindu. Religious institutions in New York are…