New York Real Estate Lawyers Blog

January 5, 2017

May The Force Be With You: Dying of a Broken Heart

Movie fans recently learned of the deaths of Carrie Fisher and her mother Debbie Reynolds, which occurred within one day of each other. Those with symbiotic relationships, such as spouses married for more than fifty years, sometimes die within a close timeframe from one another. This phenomenon is known as dying of a broken heart. This post will discuss the legal ramifications of deaths occurring within close proximity. This author will assume that the persons are husband and wife.

Spouses can pass away in close succession as a result of a sudden event such as an airplane crash or due to natural causes such as failing health in old age. New York State has adopted its own version of the Uniform Simultaneous Death Act. This statute provides that if two or more persons who are heirs to one another die within one hundred twenty hours of each other, that they are deemed to predecease the other. Their estates would then be treated in accordance with the intestate provisions of New York’s Estate Powers and Trusts Law , with their property eventually being inherited by those individuals surviving them in the order as designated by the statute.

There are exceptions to the simultaneous death statute. Such provisions do not take effect if the result would be that the person’s estate escheats to the state. Escheat means that when there are no surviving relatives who may inherit, the state receives the property. In addition, the beneficiary designations in a person’s life insurance policies or specifications contained in legal documents such as a will or trust take precedence over the statute’s simultaneous death provisions. Your attorney may advise a couple to include “mirror image” clauses in their wills wherein the wife is deemed to survive the husband in the event of deaths occurring within a certain period of time from one another, preferably in the range of sixty to ninety days. There may be estate tax concerns that determine which spouse should “survive” the other. Also, a person may wish to include a provision stating that a particular person should be considered to have predeceased her if she has personal reasons to disinherit a particular person.

December 20, 2016

Happy Holidays from Weiss & Weiss

By Weiss & Weiss

December 15, 2016

Tenant Concerns Raised by Trump Tower Security

By Weiss & Weiss

As a result of the recent election of Donald J. Trump to the Presidency, the area around Trump Tower in New York City has been subject to greatly increased security, including closures of streets, as well as guards and other restrictions on pedestrian access to the shopping areas around Trump Tower. Of course, this additional security has had a detrimental effect on businesses located in and around Trump Tower.

What legal recourse do these businesses have regarding their leases? This post will discuss the legal issues related to businesses and their leases in situations when access to their properties may be limited.

New York Courts have interpreted commercial leases to incorporate a warranty of habitability for the premises. The warranty of habitability means that the landlord warrants that the property is fit to be used for its intended purpose. For example, if the ceiling collapses at a store, causing the store to be closed, then the landlord is generally responsible for making the necessary repairs. Should access to a portion of the store be limited by damage caused by a fire, or other such event, the tenant may be entitled to a partial rent abatement until full access is restored.

December 8, 2016

Due Diligence and Real Estate Purchases

By Weiss & Weiss

You have found the perfect house, cooperative or condominium apartment after a long search. It has the ideal updated kitchen to show off your culinary skills and a beautiful bathroom that rivals a spa-like retreat. Is there anything that should delay the signing of the contract and procession to closing? Yes, there is. A prudent purchaser needs to conduct the appropriate due diligence to make sure that the property and surrounding neighborhood is financially and physically sound. Otherwise, the purchaser may acquire a property that is a long-term headache and difficult to sell when desired.

First, an inspection should be conducted by a professional engineer when buying a house. Some condominium and cooperative purchasers also find it appropriate to conduct an inspection. For a house, such an inspection may reveal a serious condition, such as a crack in the foundation. In this case, the buyer may want to search for another property. An inspection may also show items that the buyer will want to monitor once she is a homeowner. For instance, if the inspection predicts that the remaining useful life of the roof or the hot water heater is going to be five years, the homeowner may want to budget for such replacement and should not be surprised if these elements need replacement at such time. The inspection may also list items that your attorney may wish to request for inclusion while negotiating your contract. The seller may agree to repair the dishwasher, replace a broken smoke detector and the like prior to closing.

Inspections when purchasing a foreclosed property serve another purpose. Although properties offered for sale after foreclosure are generally strictly “as is”, inspection results that are unsatisfactory to the buyer may allow the buyer to cancel the contract or present the opportunity to ask the seller to remedy a particular condition or offer a price reduction. In any case, the buyer will have knowledge as to the condition and the expectations going forward.

November 22, 2016

Happy Thanksgiving from Weiss & Weiss

By Weiss & Weiss

November 16, 2016

Thanksgiving Preparations

By Weiss & Weiss

The upcoming Thanksgiving holiday requires quite a bit of planning. We are not speaking merely about creating the menu, shopping for the required ingredients and preparing the delicious food. Rather, we wish to call attention to those who will be sharing the holiday with you and the legal issues that may arise.

Our readers should consider those people who will be at the dinner table with them. These people are likely to be relatives, some of whom may be able to inherit your estate from you if you die without a Will. Should this result be inconsistent with your wishes, we suggest that you contact a qualified attorney and arrange for your wishes to be documented in a Will and other associated estate documents. Also, consider the legal issues that arise should you be sharing the holiday with a step-parent. In addition, it may be prudent to think about those from whom you may inherit, such as your parents, to address whether they have made the proper estate plans to legally include you.

Observe the items that are on the Thanksgiving table and throughout the home. Is the valuable sterling silver flatware being used in the celebration? Personal property also needs to be addressed in estate documents and should be safeguarded, so as to prevent it from landing into the wrong hands. Should a family member’s estate already be in the administration or probate process, you may need to be prepared to sort through family items and manage who should take such items with them. Perhaps you may want to encourage your relatives to part with some of their valuable personal property now, so as to potentially save on gift and estate taxes at a later time.

November 3, 2016

Pitfalls Arising from the Purchase of Foreclosed Properties

By Weiss & Weiss

From time to time, we are approached by a client who says that she is getting a bargain on a real estate purchase of a foreclosed property. Such a property is being sold by the lender or its subsidiary at a price that the client believes to be well below market. The client may wish to flip the property or use it for his own occupancy. It is important at this stage to hire an attorney with an expertise in this area to protect your interests.

Like other properties, foreclosed properties are usually marketed by a real estate broker. However, most accepted offers for foreclosed properties are without some conditions that are favorable to the buyer. It is not unusual for the buyer to be pressured to sign the first draft of the contract immediately, provide proof of funds and a bank check for the downpayment. Once our firm is engaged in such a transaction , we evaluate the contract and negotiate it as appropriate for this type of sale.

Buying a foreclosed property does not afford the purchaser some of the standard contract terms as in a transaction with a seller who lives in the property. For instance, the property is sold “as is”, without representation that the appliances and major building systems are in working order. Contracts for foreclosed properties often contain time of the essence closing dates and may require the buyer to pay all adjustments for real estate taxes as of the time of the essence closing date, even if such date is not the actual closing date. Also, offers are often accepted in a bidding process, without the buyer having the opportunity to go inside the house or have a formal professional inspection performed. A buyer may not even receive keys at the closing, much less go inside prior to closing, in some of the tougher transactions.

October 27, 2016

Airbnb and New York Rentals – Back in the News

By Weiss & Weiss

New York Governor Andrew Cuomo recently signed a bill into law that would impose fines on Airbnb hosts who do not follow local housing laws. For our blog readers who may not be familiar with Airbnb, it is a web-based service that allows property owners and tenants to rent out their properties for a short period of time, often to tourists visiting their home city.

For example, a person with an apartment or home in an area where tourists may visit can list their property on Airbnb, giving a proposed rental price as well as the dates on which the property is available for short-term rental. Anyone responding to the listing may “rent” the property for a short period of time, sometimes just for a few days or less than a week.

Prior blog posts have discussed the legal issues associated with these short-term rentals. These issues generally arise more often in large cities, many of which have strict laws regarding short-term property rentals. For example, many co-ops and condominiums have strict rules regarding sublets, which is what the Airbnb listings constitute. Their governing documents, such as the proprietary lease, house rules, and condominium by-laws, usually restrict the owners from renting their properties for a short term, usually less than a month. In addition, board approval is often required for any sublets in many buildings. The reason for these rules is that most buildings prefer that their units be occupied by their owners, and not by sublessees. An exception to these rules may be where the owner is actually present during the proposed occupancy. It is important to review the rules regarding sublets for any building in which an individual may be considering purchasing a unit, as they will likely prohibit an Airbnb-type short-term rental.

October 20, 2016

Categorizing Eviction Proceeding Actions in New York State

By Weiss & Weiss

Prior blog posts have discussed types of eviction actions in New York State. To summarize, generally, an eviction action is considered a holdover proceeding when a tenant’s lease has expired, and a non-payment action when the tenant has failed to pay rent when due. In the actual practice of landlord-tenant law, the distinction is not always clear, and there may be certain cases which defy such categorization. This post will discuss these situations.

The first aspect to consider is that the Courts that hear landlord-tenant matters in New York are generally courts of limited jurisdiction. These are lower courts, which in New York City are known as the Civil Court of the County in which they are located. For example, an eviction action for a tenant located in Queens would be brought in Civil Court, Queens County (Landlord-Tenant Part). In the suburbs, there are local courts that hear these cases, usually known as Town Courts or Justice Courts. If they are located in a city outside of New York City, they would be known as City Courts. An eviction action in New Rochelle (Westchester County) would be brought in City Court of New Rochelle.

New York State law allows for these lower courts to hear landlord-tenant disputes. However, jurisdiction is usually limited to landlord-tenant cases involving eviction proceedings. If the case does not involve evicting the tenant for proper grounds, the case may be dismissed for lack of jurisdiction.

September 29, 2016

Adapting Estate Planning to Religious and Ethical Values

By Weiss & Weiss

Many of our readers are about to celebrate Rosh Hashanah. We wish those who observe a happy and healthy new year. At this time of year, those of the Jewish faith tend to reflect upon their acts during the past year and to set goals for improvements in the following year. Attorneys can provide the opportunity for one’s religious, moral and ethical values to be reflected in a final legacy, such as a Will or Trust. This post will discuss the means by which your attorney will insure that your values are properly contained within your estate documents.

Primarily, we suggest that you meet with a skilled professional , who is prepared to discuss your ethical values. The meeting should not only address the standard discussion of who should serve as fiduciaries (those named in the Will to act on behalf of the estate such as executors, trustees and guardians) and who should inherit your assets. For instance, a couple with minor children typically needs to determine who will serve as guardians to raise their children if they pass away. If religion is important to such a couple, they may want to appoint someone of the same religious background who will be instructed to continue the religious instruction and ritual observance to which the children have been accustomed. It is possible that a separate fiduciary may need to be named to handle financial matters for the children when a religiously sensitive guardian has been selected.

Discussions should be undertaken as to the distribution of assets. Authorizing a trust to distribute assets for religious education and travel, in addition to the standard education expenses, may be appropriate. Charitable matters should also be considered. If charitable giving is an important value to the client, we discuss the means by which charitable giving can be accomplished. Gifts made during lifetime typically have less significant tax consequences and the donor may be recognized personally for the contribution. However, the donor may need the assets during her lifetime and would rather part with them at a later time. Charitable trusts can also be established if appropriate. Our firm commonly coordinates with various organizations that are prepared to assist in the establishment of such charitable trusts.