While a testator has the ability to name anyone as his or her executor, there are certain grounds for disqualification. According to the Surrogate’s Court Procedure Act § 707, a nominated executor is ineligible if he or she is: Continue reading “New Executor Nomination Form Explicitly Requests Criminal History”
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Forming A Business Corporation in New York
There are many types of business entities you can form, including sole proprietorships, partnerships, LLCs, and corporations, among others. Many entrepreneurs opt to form a corporation because of the unique benefits that are associated with it, which include: Continue reading “Forming A Business Corporation in New York”
Evaluating Your Medical Practice
Having a medical practice evaluated by a professional is extremely important in order to avoid contentious issues in the future, especially when there are multiple stakeholders as part of the practice. With that being said, here are some important factors to take into consideration prior to having your medical practice valued: Continue reading “Evaluating Your Medical Practice”
Compliance Issues Can Hurt Your Medical Practice
Make sure your medical practice is compliant with both state and federal regulations or you may be subject to fines and penalties, or worse. Here are a few tips to mitigate the risk of becoming non-compliant: Continue reading “Compliance Issues Can Hurt Your Medical Practice”
Choosing the Right Classification of Worker for Your Business
Starting a new business or joining a currently existing business can bring a few challenges. One challenge that arises comes from the hiring process. There are multiple types of workers that can work for you. These can include Full-time Employees, Part-time Employees, Interns, and Independent Contractors. Continue reading “Choosing the Right Classification of Worker for Your Business”
Landlord & Investor Q&A August 2018: Presented by Attorney Jim Clark
In this segment Jim Clark answers the most popular questions that come up through his interactions with landlords and real estate investors through his presentations to local organizations, networking, one on one conversations as well as direct posting through his website and social media. Continue reading “Landlord & Investor Q&A August 2018: Presented by Attorney Jim Clark”
You Are the Reason for Your Tenant Woes
Tough words to hear, but true. I work with landlords every day, and I see all kinds of ways they get into trouble. Some troubles come from natural disasters and others come from malicious tenants, but all of it causes much distress to landlords. Continue reading “You Are the Reason for Your Tenant Woes”
The Rights of a Terminally Ill Patient to End His or Her Own Life
When doctors notify patients of a grave prognosis, they typically do their best to ensure that the patient is as comfortable as possible and lives out the rest of his or her days according to their wishes. Many of those who have suffered from a terminal illness for so long welcome death, and, sometimes, even wish to speed up the process with life-ending medication. This practice is controversial in that some view it as murder, or going against nature, while others believe it to be showing mercy by ending the patient’s suffering.
There are three broad categories related to end-of-life decisions, including euthanasia, physician-assisted suicide, and the withdrawal of life-sustaining treatment.
Continue reading “The Rights of a Terminally Ill Patient to End His or Her Own Life”
A Person May Execute a First-Party Supplemental Needs Trust
A person under 65 years old may create a first-party supplemental needs trust for income in excess of the monthly amount allowed by Medicaid. A person is entitled to fund this trust until the age of 65 years old and will be entitled to the resources in the trust until he or she dies. Furthermore, a first-party supplemental needs trust allows a person to designate a trustee to make payments on his or her behalf. It is worth noting that a trustee may be limited to the powers enumerated in the trust’s terms and conditions. Therefore, a person may choose to expand a trustee’s power or limit his or her power by setting forth specific guidelines.
Continue reading “A Person May Execute a First-Party Supplemental Needs Trust”
Executor’s Compensation Can Be Previously Decided Upon
An executor of an estate is the person named to act on behalf of the decedent. An executor has a fiduciary duty to ensure that the decedent’s wishes for the disposition of property and assets are carried out accordingly. In addition, the executor is responsible for the administrative process of an estate, including paying taxes and creditors. He or she must perform the following duties and responsibilities, among others: Continue reading “Executor’s Compensation Can Be Previously Decided Upon”
