Polizzotto & PolizzottoPolizzotto & Polizzotto2024-03-06T01:36:08Zhttps://www.polizzotto.com/feed/atom/WordPress/wp-content/uploads/sites/1604315/2022/06/cropped-site-identity-1-32x32.jpgOn Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494652024-03-06T01:36:08Z2024-03-06T01:36:08ZDetails on specific disclosures required
The Property Condition Disclosure Statement (PCDS) is a comprehensive document that requires sellers to answer questions about various aspects of the property. They must disclose known defects in the property, including issues with the foundation, roof, water and sewage systems and pests. Additionally, they must inform the buyer of any environmental hazards on or near the property, such as proximity to a floodplain or radon gas.
Sellers must reveal any legal issues that could affect the buyer's use and enjoyment of the property. This includes zoning violations, pending legal actions and restrictions like easements or covenants. Disclosing such information enables buyers to assess potential costs or legal complications that could arise post-purchase.
The importance of accuracy and honesty
The accuracy and honesty of the disclosures provided by the seller are critical to the transaction's integrity. Misrepresentation or omission of material facts can lead to legal disputes and financial losses for both parties. Buyers rely on these disclosures to make informed decisions, and the trust placed in the accuracy of this information underpins the transaction's fairness.
Sellers should disclose any information relevant to the buyer's decision-making process. In cases where the seller is unsure about specific details, disclosing this uncertainty is preferable to making unfounded assertions.
Navigating the complexities of real estate disclosures in New York State requires a careful and informed approach. Working with a legal representative who can review all documentation is critical for both sides in these transactions, given all that is at stake.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494592024-02-06T00:39:31Z2024-02-06T00:39:31ZDurable powers of attorney provide lasting protection
Powers of attorney are documents that allow adults to name someone trustworthy to serve as their attorney-in-fact or agent in an emergency. They can designate another adult to manage their finances and take charge of their medical care.
A standard power of attorney takes effect when someone becomes incapacitated due to an injury or illness. It eventually loses authority when that person dies or recovers from their medical condition. It could also become ineffective if the courts declare someone permanently incapacitated.
Thankfully, it is possible to include special terminology in a power of attorney to make it a durable document. A durable power of attorney continues to have legal authority even after someone's permanent incapacitation. It is only their death or recovery that would invalidate the documents. Instead of receiving support from whoever decides to request guardianship, someone can ostensibly name their own guardian with durable power of attorney documents.
The more difficult situations that someone addresses in their estate planning documents, the more protection they may gain from life's uncertainties. As such, adding the right paperwork to a New York estate plan can make a major difference for someone concerned about their security and comfort as they age.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494582024-01-31T15:26:58Z2024-01-31T15:26:58ZControl over the outcome
For many people, concern about custody terms for their children or the distribution of certain marital property can be a powerful incentive to cooperate. Successful uncontested New York divorces allow spouses to set all of their own terms regarding property division and other key elements of the divorce. Spouses have to agree on matters involving the division of marital assets and debts, child custody and even spousal maintenance to pursue uncontested divorces. Those with specific goals may find that uncontested divorces help them achieve what they view as non-negotiable during divorce proceedings.
Reduced conflict and costs
Those who successfully negotiate an uncontested divorce don't need to further damage their relationship by fighting in court. They can also reduce how much it costs to divorce in many cases. Less time spent in the courtroom means less overall expense. The average uncontested divorce costs a fraction of a divorce where couples litigate all of the major decisions. Some couples can reduce their costs even more by reaching certain agreements before they even involve their own lawyers in the process.
Couples can reduce how much they fight during the divorce process by committing to an uncontested divorce, which can help them work together after divorce. The reduction in conflict can be particularly beneficial for those who share children.
Remembering the benefits derived from an uncontested divorce filing may help people find the motivation to continue cooperating with the difficult spouse as they prepare to divorce.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494572024-01-14T18:57:37Z2024-01-14T18:57:37ZThe state looks at more than current financial records
Older adults applying for Medicaid for long-term care coverage must demonstrate that they have limited income and limited personal resources. If they didn't plan in advance, their financial activity before they apply could trigger a penalty.
There is a lengthy lookback period that applies to any New York Medicaid application. Although lawmakers have attempted to reduce that period, the change has yet to take place. Any major financial moves in the five years or 60 months leading up to someone's application could trigger a penalty.
The state determines the value of inappropriate gifts and transfers. Then, it determines how many months of care those assets could have covered. The penalty requires that the applicant pay with their own resources for a set number of months of care before the state starts to cover their treatment costs.
The Medicaid penalty can leave someone unable to move into a nursing home or struggling with debt that they have no way to pay. Advance planning reduces the likelihood of a penalty and can also help someone protect specific assets from estate recovery efforts after they die.
Even those who hope to remain healthy throughout their retirement years may benefit from Medicaid planning to ensure they can receive financial support if they become dependent on long-term care. As such, learning about how the New York Medicaid program responds to long-term care applications may benefit those preparing for retirement or planning to create a legacy for their loved ones when they die.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494402024-01-09T14:25:55Z2024-01-09T14:25:55ZThose related to a permanent resident
When an individual secures a green card, their permanent resident status may benefit both them and the people that they love. The United States Citizenship and Immigration Services (USCIS) grants family preference visas to immediate family members of permanent residents. Spouses and unmarried children who are under the age of 21 may qualify under the second preference category of this program. Unmarried children who are over the age of 21 may qualify with a slightly lower preference than younger children and spouses.
Those related to United States citizens
Certain family members of citizens have other options for entering the United States. Minor, unmarried children, parents and spouses of United States citizens may qualify for visas or green cards using other programs. Certain other family members can secure family preference visas.
Unmarried children of citizens who are over the age of 21 are eligible for the highest priority consideration for family preference visas. The third preference category even allows citizens to help their married children of any age pursue a family preference visa. The lowest category of priority, the fourth preference category, allows citizens to help their siblings lawfully enter the United States.
A family preference visa is beneficial in part because it can quickly lead to a green card for the foreign national family member. The ability to bring siblings and married children into the United States is one reason why permanent residents decide to become citizens. Learning about different family-based immigration programs may benefit those who have loved ones living in other countries.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494392023-12-08T15:56:36Z2023-12-08T15:56:36ZWhen someone struggles with daily life
The purpose of guardianship is to ensure that someone's physical or mental health challenges do not leave them impoverished or at risk of severe hardship. The courts need to agree that an adult has become incapacitated and requires the support of someone else.
The standard for incapacitation in New York requires that someone be unable to care for their personal needs or their property. Additionally, there should be a reasonable likelihood that they would suffer harm due to their functional limitations.
Those seeking guardianship in New York typically need supporting evidence showing insurmountable medical issues. Someone's diagnosis with a condition like Alzheimer's disease could help demonstrate to the courts that they require the support of an outside party. Other times, financial evidence could help someone pursuing a guardianship. Records of someone failing to properly manage their assets or fulfill personal obligations could convince a New York probate judge that an older adult requires support.
Even witness statements can sometimes play a role in a guardianship case in New York. Neighbors, family members or care providers can testify about how someone has struggled to meet their own needs or mismanaged their resources. Provided that there is sufficient documentation about someone's disabling condition or daily struggles, a judge may agree that a guardianship is necessary.
Typically, guardianship is not a realistic goal if the individual in question has durable powers of attorney on record, as those documents may have already assigned certain forms of authority to another individual. As such, learning about the requirements for an Article 81 guardianship may help people more effectively support aging loved ones in New York. Seeking legal guidance can also clarify if any alternative options are available.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494382023-12-03T18:06:04Z2023-12-03T18:06:04ZThe risk of removal
The word permanent is misleading. Someone with a green card does not have the right to remain in the country forever in all circumstances. A permanent resident can still end up deported or removed from the United States. Major criminal infractions could lead to someone's removal even after obtaining a green card. Those who naturalize generally do not have to worry about deportation regardless of what occurs in the future.
The need for ongoing paperwork
Naturalizing is a complex process that requires paperwork and an interview with immigration professionals. People often worry about the work involved and convince themselves that remaining a permanent resident requires less work. A permanent resident does not get to stay indefinitely without taking additional steps. They will need to continue filing paperwork with the United States Citizenship and Immigration Services USCIS every 10 years. Failing to do so could lead to the revocation of a green card and the risk of removal.
The expanded rights of citizens
Citizens have more rights than lawful permanent residents. The final major difference between a permanent resident and a citizen is what rights they have while living in the United States. Citizens can run for political office and vote in federal elections. They can obtain a United States passport and possibly work federal jobs. They also have more opportunities to help more of their family members legally enter the United States.
Understanding what separates a green card holder from a citizen may help people determine if naturalization is the right choice for their circumstances.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494362023-11-13T17:19:25Z2023-11-13T16:53:34Z3 major factors that have to be considered
Every personal injury claim is unique, but there are at least three things that are usually part of the calculations:
Your economic damages: The economic losses related to an injury are usually the easiest to quantify. These are measurable financial losses, which can include medical expenses for ambulances, tests, hospital stays, medication, rehabilitation and physical therapy. They may also include lost income due to missed workdays and changes in your future earnings capacity due to permanent disabilities. Property damage may also be a factor, especially in car accident claims.
Your non-economic damages: These are more subjective, which means the insurance company involved will often try to lowball their value. Non-economic damages include things like compensation for your “pain and suffering,” which is the physical and emotional distress you’ve endured as a result of the accident and its impact on your day-to-day life.
Your contribution (if any) to your injuries: In New York, the comparative negligence rule means you can recover compensation for your injuries even if you are 99% responsible for an accident, but your compensation will be reduced by whatever percentage of fault assigned your way. Insurance companies often try to devalue claims by exaggerating how much a claimant is responsible for their injuries. For example, they may claim that you could have avoided a slip and fall if you’d been wearing more appropriate footwear.
Seeking legal guidance can help make certain that you don’t undervalue your claim or get pressured into accepting less than you deserve. Your intangible losses are just as important as your lost wages and medical bills.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494342023-10-25T21:26:10Z2023-10-25T21:26:10ZThe evolving landscape of Medicaid
Medicaid, like all government programs, undergoes changes and updates over time. To better understand the current state of Medicaid, it’s crucial to reference recent developments. In 2023, New York implemented significant changes to its Medicaid program, expanding its coverage and access to more low-income individuals and families and providing crucial medical services. This expansion began on January 1st, 2023, and has opened up new possibilities for previously ineligible people.
One of the most common questions surrounding Medicaid is, “Is it too late for me to apply?” The answer is an emphatic no. Medicaid enrollment is an ongoing process; it’s never too late to sign up if you are eligible. So, if you were worried that you’re too old to qualify, you’ll be happy to know that Medicaid has no age limit.
The benefits of Medicaid
Medicaid covers essential medical services, including doctor’s visits, hospital stays and preventive care. It helps ensure that individuals receive necessary treatment without fearing overwhelming medical bills.
The cost of prescription medications can be a significant burden, but Medicaid offers coverage, making essential medications more accessible. Medicaid also includes coverage for behavioral health services because mental health is crucial to overall well-being. This coverage can make it easier for individuals to seek help when needed.
Medicaid is particularly vital for expectant mothers and children, too. It covers maternity care, helping ensure that mother and child receive the appropriate medical attention. Medicaid can also provide critical support for those in need of long-term care, such as nursing home services. This can alleviate certain financial burdens on families during challenging times.
Medicaid planning is a proactive step that individuals can take to secure their financial future while ensuring access to essential medical services. It involves strategies to preserve assets and navigate the complexities of Medicaid’s eligibility requirements. Consider seeking legal guidance to make the process of Medicaid planning more efficient and effective.]]>On Behalf of The Law Offices of Polizzotto & Polizzotto, LLChttps://www.polizzotto.com/?p=494332023-09-19T15:48:10Z2023-09-19T15:48:10ZThey can add special clauses to a will
One of the more common ways that people seek to prevent probate litigation that is unnecessary is the inclusion of a no-contest clause in their testamentary documents. A no-contest or in terrorem clause can diminish or eliminate someone's inheritance if they challenge estate planning documents. Probate courts in New York will uphold no-contest clauses in certain circumstances, including when someone brings an unfounded challenge against a testator's will.
They create a trust
When someone uses a will to control the descent of their resources, there are numerous reasons that family members and beneficiaries could challenge their plans. Claims of undue influence, diminished capacity and fraud could all lead to the probate courts setting aside someone's estate plan. A trust is harder to challenge and can allow someone to leave far more detailed instructions about what happens with their assets after they die.
They communicate clearly while still alive
Unrealistic expectations and disappointment are often the driving forces behind probate challenges. Therefore, giving everyone in the family a clear idea of what to expect could reduce the likelihood of litigation later. Open and honest communication could also help family members fight back against seemingly frivolous attempts to undermine someone's estate planning efforts.
Those in New York thinking about their legacies generally need to very carefully review their circumstances to effectively plan to reduce conflict after they die. Recognizing that careful planning can minimize a risk of conflict might help someone to effectively mitigate the potential of damaging probate disputes among their loved ones after they die.]]>