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Brooklyn Probate & Estate Administration Law Blog

Is staying together in the best interests of the children?

The decision to delay the end of a marriage may hinge on many factors. For example, you may share business interests with your spouse, need more time to save money for after your split or have momentous family events coming up. Putting off the inevitable may come from much more personal reasons too, and a common one is to stay together for the children.

Perhaps you are a child of divorce yourself, and you were hoping to spare your children the trauma you went through. While this is commendable, there are some important things to consider before deciding to postpone the end of your marriage indefinitely.

Here's why you shouldn't write your own will

Admittedly, one of the reasons that many people fail to do any estate planning is due to the cost. Many New York residents who still want to make a will plan to do so on their own. Do-it-yourself forms may come with a low up-front price, but, according to the old saying, "you get what you pay for."

When it comes to DIY estate planning documents, that saying certainly applies. Low cost forms often result in inadequate documents that fail to stand up in court upon death, and it is surviving family members who pay the price as they go through an often time-consuming and expensive probate that diminishes the assets of the estate, and, therefore, any inheritance they may receive.

Will your work problems keep you from being deported?

When you first obtained gainful employment in the United States, you may have had mixed emotions. On one hand, you were no doubt relieved that you had secured a means to provide for your family. On the other, you may have worried that an incident would occur to place you at risk for deportation.

Depending on your circumstances -- for instance, if you are the victim of a crime at work or anywhere in the country -- you may be able to apply for a U Visa that would allow you to keep living and working in the United States.

Trump Administration Rescinds DACA September 5, 2017

On September 5, 2017, the Trump Administration announced the elimination of the Deferred Action for Childhood Arrivals (DACA) program.  The September 5, 2017 memo allows current DACA recipients to keep their work authorization and deferred action grants until they expire, and take the following steps to end the DACA program:

Be careful not to travel into child custody problems on vacation

If you're one of many New York parents who recently divorced, you've likely undergone changes in most aspects of life. Going from living as a married couple with children to a single-parent household, or even living alone and seeing your children according to a court-documented schedule, can be quite a challenging adjustment. Hopefully, you have a strong support network to help you and your kids move forward to a new and happy future. Change is often difficult, but not always a bad thing.

Most people in your situation find that developing a new parenting plan is one of the greatest challenges in the divorce process. If you and your former spouse get along well, and are both willing to compromise and cooperate as necessary where your children are concerned, negotiating child custody and visitation plans might not be all that difficult. However, many divorced couples struggle with amicable communication and run into major roll around.

Growing old is not supposed to be dangerous

If your mother or father currently resides in a New York assisted living or nursing facility, you probably worry about him or her from time to time. It's only natural, especially if you're not able to visit as often as you'd like. No amount of research or investigation can alleviate 100 percent of your worries, and while no nursing home or medical facility is perfect, you should be able to reasonably expect that all staff members have your parent's best interests at heart.

There are strict protocols and regulations regarding resident or patient safety in such homes. Sadly, elder abuse is problematic in many areas, and it's best to seek understanding of the laws that govern such matters and to know where to turn for immediate help if a problem arises. Keeping your loved one safe may be easier too, if you know what signs to look for regarding possible abuse.

Preparing an Immigration Application for a B-2 Visitor Visa

In immigration law, a USA Visitor Visa is a tourist visa to US. It is also known as B2 Visa. Visitor visa is a non-immigrant visa issued to people entering US temporarily for pleasure, tourism, or medical treatment. Any foreign citizen including parents who wants to visit USA for tourism, visiting children, family, friends, relatives, attending special events, family functions, ceremonies, or for medical treatment may qualify and can apply for Visitor Visa. Preparing an application for a B-2 Visitor Visa requires certain knowledge and understanding about the process and preparation for the application and interview to follow.

Chemical restraint in nursing homes continues to cause tragedy

Your parent doesn't recognize you anymore. What's more upsetting is that you may not recognize your parent, or at least some of the behaviors you have witnessed since the symptoms of dementia became more pronounced. Perhaps your parent became restless, started wandering or had outbursts of temper. Maybe your loved one exhibited instances of self-harm.

Because you may have felt inadequate and untrained to deal with such extreme and dangerous behavior, you trusted in the care of the staff of a nursing home to provide comfort and stimulation so your loved one would have quality of life for those remaining years. What you may not have known was that the facility routinely drugged your loved one out of convenience.

Feel more at ease by preparing for your naturalization interview

Achieving the American dream draws many individuals like yourself to this wonderful country. You may find yourself building a better life and living in a way you never could have imagined in your country of origin. Luckily, this nation opened its arms to you, and you found a loving home here. However, you may feel as if you have missed out on something in your life if you have not yet obtained full citizenship.

Though the naturalization process can seem long and difficult, completing the proceedings successfully can mean that you obtain the ability to call yourself a citizen of the United States. One of the most important aspects of your process involves your naturalization interview, and therefore, you may wish to gain an idea of what takes place during the interview.

Is your power of attorney agent up for the financial tasks ahead?

Though you may have hope that you will have the ability to finish out your golden years doing exactly what you want, you may also understand that the future does not always turn out the way you envision it. You could potentially find yourself in a situation where you no longer have the ability to care for yourself or handle your daily affairs. Though this idea may seem disheartening, incapacitation affects numerous individuals.

Luckily, even in such a situation, you can still have some control if you plan ahead. Because someone else will need to handle your financial affairs in the event of your incapacitation, you may want to create a financial power of attorney document in order to appoint your desired agent.