April 16, 2013 is “National Healthcare Decisions Day.” It is a day set aside to educate the public about the importance of health care planning. This is to encourage people to express their personal wishes regarding healthcare, in writing, before a health care crisis occurs.
Every person who lives in New York State dies in one of two ways: with a Will (testate) or without a Will (intestate).
In the course of my practice, when clients are starting a business or changing their current business structure, they ask which entity is better for their needs, an S-Corporation or an LLC. While both entities share similar qualities, they also have distinct differences. A client should review the pros and cons of each entity prior to deciding.
An interesting occurrence took place this week with both the President and Vice-President of the United States absent from American soil for a brief period of time. On March 19, President Obama was aboard Air Force One over the Atlantic Ocean on his way to Israel for a trip to the Middle East while Vice-President Biden was returning from Rome where he had attended the inaugural Mass of the new Pope, Pope Francis, at the Vatican.
The name of your company and the slogans and logos you use with your products or services are called trademarks or servicemarks and are used by consumers to identify the source of the products or services. If your business would suffer if someone else used your name, slogan or logo, then you should proactively take steps to protect these. Although a “common law” right in your trademark is acquired by use, it is very difficult to enforce common law trademark rights unless the mark is registered.
The New York State Department of Financial Services now offers a FREE service to assist families with locating unclaimed benefits on life insurance policies and annuity contracts owned by or insuring the life of a deceased family member.
After five years of litigation, a HoganWillig client was finally compensated by the State of New York for the nearly fourteen years they were imprisoned for a crime that they did not commit. The client’s 2.7 million dollar settlement with the State of New York stemmed from a claim under Section 8b of New York’s Court of Claims Act. The client became eligible to file a claim under Section 8b after their conviction was overturned in 2007.
In these winter months of sledding, snowmobiling and frolicking in the snow, you might wonder if you could be held liable if someone is hurt while having some fun on your property. New York has a law for that! Section 9-103 of our state’s General Obligations Law, commonly known as the recreational use statute, recognizes the value and importance to New Yorkers of pursuing recreational activities, and encourages landowners to open their land for recreational use without fear of liability in most circumstances.
In New York State, the Family Court and Supreme Court may appoint an Attorney for the Child (“AFC”), to represent the interests of the child/ren in contested custody and/or access proceedings, as well as in neglect and abuse proceedings, juvenile delinquency proceedings and persons in need of supervision (PINS) proceedings. Formerly referred to as Law Guardians, the role of the AFC has evolved over time to the point where the attorney is no longer an adjunct of the Court whose function is to articulate what is best for the child but a zealous advocate, fighting for the child’s position.
Medicaid is a joint federal-state Social Security program established by federal law in 1965. The laws governing Medicaid vary depending on whether the applicant is single or married, receiving services in the community or in a nursing home, and under or over the age of 65. Disabled individuals of any age, and medically needy individuals over the age of 65 are eligible for Medicaid as long as they meet the financial criteria.