May and June of each year tend to be “annual meeting season” for our cooperative and condominium clients. At such meetings, the shareholders of cooperatives and unit owners of condominiums elect their board of directors or board of managers. Those who serve on boards are hard working volunteers, participating on…
New York Real Estate Lawyers Blog
New Yorkers Will Always Have Death and Taxes
New Yorkers seem to be “taxed to death”, paying the highest average property taxes in the country. We are the only state that charges a tax for the making of a mortgage. The tax burden does not end at death, as New York also has its own estate tax. Governor…
“Self-Help” and Legal Representation in Foreclosure and Landlord-Tenant Matters
Our firm often receives inquiries from potential clients, many related to foreclosure and landlord-tenant matters. Often, an individual will inform us that they have been representing themselves in a Court proceeding, or are considering doing so, and will question us as to whether an attorney is necessary. In New York…
Defending Reverse Mortgage Foreclosures
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.…
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…