Care for a disabled child after their parents have died is a significant concern for those parents. Often the disabled child is a recipient of public assistance and the assistance is desperately needed for medical care, group homes and/or other major costs of care. In order to keep the public assistance (or obtain it in the first place) those disabled children (and their parents) need to meet financial eligibility requirements. These requirements usually mean a very restricted amount of “available resources” and/or income to the child. For our discussion, that means the disabled child cannot receive an outright inheritance because it would render them ineligible or cause them to lose eligibility for the benefits they rely on.
In October, 2010, the provisions of Section 236 (B)(7)(d) of the Domestic Relations Law, were enacted, granting parties the right to seek a modification of the child support provisions contained in an Agreement as incorporated into an Order or Judgment upon a showing of :
Legislation can be vague and outdated, leaving many legal decisions up to the court to decide. Over time, rulings form a precedent for judges and juries to follow, although the formed criterion may not always be the best for all cases. Such a problem existed with New York State’s No-Fault statute. The law guarantees medical and lost wage benefits regardless of who was at fault for the automobile accident, but the vague language has left many victims without proper compensation or justice. Luckily, this past November the injustice was corrected through three appeal cases (Perl v. Meher, Adler v. Bayer and Travis v. Batchi) and now individuals hurt in a car can put their worries at rest and focus on recovery.
HoganWillig, a full-service law firm with offices in Amherst, Buffalo, Lancaster and Lockport is pleased to announce that associate Erica M. Moore has been admitted to the New York State Bar. Ms. Moore earned her J.D. from the State University of New York at Buffalo where she also graduated, cum laude, with a BA in both Psychology and History. Ms. Moore has been a law clerk at HoganWillig since 2010 and will now be joining their Matrimonial and Family Law Department which is the largest of its kind in WNY.
HoganWillig, a full service law firm with offices in Erie and Niagara counties, is pleased to welcome Kevin J. Miller, Esq. Mr. Miller earned both his J.D. and M.A. in Economics from the State University of New York at Buffalo and has obtained his Accredited Estate Planner ® and Certified Financial Planner ™ designations. He most recently was an Assistant Vice President of the Financial Services Group at M&T Bank. Mr. Miller will be focusing his work in HoganWillig’s Estate Planning & Asset Protection Department where he will provide comprehensive estate planning for sophisticated and complex individuals and business clients.
A frequently asked question in cases of divorce is; what has to be divided with my spouse? The general rule is that property acquired after the ceremony and before the filing of a summons is marital property. The general exceptions are property from an inheritance, a gift from someone other than your spouse, or the result of a personal injury recovery.
Article 26 of the New York State Vehicle and Traffic Law covers right of way violations. Two statutes pertain to emergency vehicles and one has recently been modified to apply to hazard vehicles. The obvious goal of the legislature in creating these statutes is to protect the safety of individuals who are in the process of responding to an emergency or who are in a vulnerable position on the side of a road while doing their jobs.
In New York State, everybody has a plan to pass assets on their death. Without a written Will your assets will pass on by what is commonly referred to as “Intestate Distribution” or “Intestacy.” More formally by Article 4 of the New York Estates Powers and Trusts Law (the “EPTL”) – Descent and Distribution of an Intestate Estate.
or at least that is how a great many people who live with pets feel – they are a part of their family.
Unfortunately, the laws of this and other nations have not always reflected this same belief and have failed to protect animals.
The Medicare Secondary Payer Statute requires that no payments for treatment or services for a beneficiary be made by Medicare when payment has been made, or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.