News & Insights

  • Undue Influence

    What Evidence is Needed to Challenge a Will on the Grounds of Undue Influence or Lack of Testamentary Capacity?

    It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more

  • License

    When Can a License to Use Property Be Terminated at Will?

    Landowners can allow others to utilize their property in multiple ways. One way is with a lease that generally grants a user (the tenant) the exclusive right to use and access the property during the term of the lease. A second option is to grant a license to use property. Unlike a lease, a license … Read more

  • OWNERSHIP INTEREST

    DON’T RISK LOSING YOUR PROPERTY: WHY YOU MUST RECORD YOUR OWNERSHIP INTEREST

    In New York the transfer of real property is generally evidenced by a deed which gets recorded in the office of the County Clerk) in the county where the real property is located, or in the case of property located in New York City, the City Register. The importance of recording an ownership interest and … Read more

  • disposition

    Who Decides What Happens to Your Body When You Die?

    Adults can provide instructions in their will regarding disposition of their remains or designate a person in their will who will make that decision. However, many people die without a will. In that situation, who decides what happens to your body when you die? Who Decides How Your Remains Are Disposed of When You Die … Read more

  • Assets

    Which Assets Are Not Controlled By the Terms of Your Will?

    When developing your estate plan, it is important to provide your lawyer with information on all of your financial assets. This is because executing a will is not sufficient to dispose of certain assets, known as “non-probate assets.” Such assets are not controlled by the terms of your will but must be considered in your … Read more

  • COMMISSION

    WHAT MUST A REAL ESTATE BROKER PROVE TO ENFORCE A CLAIM FOR A COMMISSION IN COURT?

    Real estate brokers generally earn their commission when they are the “procuring cause” of the sale of real property and the sale actually closes. In most transactions, it is clear that the broker procured the sale because he or she introduced the actual buyer to the seller. However, in a recent New York case, the … Read more

  • Workers’ Compensation

    What Happens If You Die While Receiving Workers’ Compensation for an Injury?

    If you were injured on the job and were awarded workers’ compensation for a set amount of time, what happens if you die during that timeframe from something unrelated to the injury? Do your heirs lose the entire unaccrued portion of the award? Well, the first inquiry required to resolve this question is whether the … Read more

  • employment

    NEW YORK STATUTE PROTECTS EMPLOYEES WHO DECIDE TO RUN FOR PUBLIC OFFICE

    While Election Day has passed, employment concerns about the political activities of employees can come up at any time of year. It is important for employers and employees to understand the rules regarding an employee’s rights to engage in political activity as clarified in a recent decision of the Second Circuit Court of Appeals in … Read more

  • Estate Planning

    Why LGBTQIA+ Individuals Need Estate Planning

    Planning for death or incapacity can be an intimidating task for anyone. However, if you identify as an LGBTQIA+ individual, you may have additional considerations when it comes to protecting yourself, your partner and your family. As a result, it is important to consult with an attorney to discuss your wishes and help ensure that … Read more

  • Payment

    What Can You Learn from an Accidental $1 Billion Payment?

    You are probably not going to receive a nine-figure payment, whether by accident or on purpose. However, you can still learn some valuable lessons from a group of finance firms that did get $1 billion mistakenly. In a recent case in the U.S. Courts of Appeals for the Second Circuit, the Court addressed whether the … Read more

What Evidence is Needed to Challenge a Will on the Grounds of Undue Influence or Lack of Testamentary Capacity?

Undue Influence

It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more