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Guardianship of Incapacitated or Disabled Persons in New York

elder

Caring for an elderly individual with Alzheimer’s can be challenging. Due to the degenerative nature of the condition, a person with Alzheimer’s may reach a point when they are no longer capable of making informed decisions about the assistance or care they need. If an individual becomes incapacitated and did not establish a Power of Attorney, his or her loved ones may seek to establish a guardianship through a court proceeding or have it granted by a judge. Continue reading “Guardianship of Incapacitated or Disabled Persons in New York”

House Votes to Delay Updates to the Overtime Exemption Rules

overtime

Recently, the U.S. House of Representatives voted to delay the Obama Administration’s revisions to the overtime exemption rules that were scheduled to go into effect December 1, 2016 until June 1, 2017. On May 17, 2016 the Obama Administration released their Final Rule to the Fair Labor Standards Act (FLSA). The key update will be to the overtime exemption for full-time employees which will double the annual salary limit from less than $23,660 to $47,476, under which 4.2 million Americans would qualify for overtime pay. Currently, only 7 percent of full-time workers qualify for overtime pay. Continue reading “House Votes to Delay Updates to the Overtime Exemption Rules”

New York Same-Sex Couple Faces Child Custody Complexities

same-sex

Recently, the New York Court of Appeals heard arguments in a custody hearing brought by a New York resident who is seeking visitation rights for a child she helped raise with her same-sex partner. The case challenges the scope of New York legislation that limits parental rights to a biological or adoptive tie to the child. According to the University of California, 15 percent of unmarried, same-sex couples are raising children in the United States. Continue reading “New York Same-Sex Couple Faces Child Custody Complexities”

Protecting Loved Ones Against Elder Financial Abuse

Elder financial abuse is a form of exploitation against seniors and older persons that may include, but is not limited to, taking money, property or assets. Older adults who suffer from physical or mental disabilities, such as dementia, or experience feelings of isolation, loneliness or loss may be more susceptible to elder financial abuse. Continue reading “Protecting Loved Ones Against Elder Financial Abuse”

When to Challenge a Prenup

A prenuptial (or premarital) agreement is a legally binding contract that a couple will establish prior to marrying and comes into effect once they tie the knot. Prenuptial agreements can specify how present and future financial assets, investments, property and money will be divided, should the pair divorce. Under certain circumstances, the specifications of the prenuptial agreement may be adjusted and, in some instances, the entire prenuptial agreement can be deemed invalid. Continue reading “When to Challenge a Prenup”

Social Media May Leave Employers Vulnerable

Social media has been integrated into all aspects of American society, including within the workplace. Employers must be mindful of social media policies and practices as applied to employment issues protected under the National Labor Regulations Board (NLRB) as well as any other regulatory government agencies. Continue reading “Social Media May Leave Employers Vulnerable”

Landlords, Avoid Cash Flow Disruptions

A tenant has left and your rental unit has gone dark, or worse yet multiple rental units have gone dark.  Not only does this mean no rent for that time, but then there’re the costs of getting a new tenant – making the unit “rent ready”, advertising and broker’s fees, your time – the costs can be significant.  Suddenly, what looked like a good year, financially, is now mediocre or worse.  How to prevent this? Service and Selection. Continue reading “Landlords, Avoid Cash Flow Disruptions”

Divorce Rate Doubles Among Older Couples

According to a 2013 study published by Bowling Green State University, the divorce rate among middle-aged and older adults has doubled between 1990 and 2010. “Gray divorce,” a divorce that occurs among people age 50 years or older, accounts for 1 in 4 divorces in the United States, and nearly 1 in 10 divorcées are age 65 years or older. Continue reading “Divorce Rate Doubles Among Older Couples”

NY Building Owners Beware: Advertised Short-Term Rentals of Your Units May Cost You

Recently, the Real Estate Board of New York (REBNY), a politically powerful trade group, has joined forces with the city’s hotel industry organizations in an effort to stamp out advertised short-term rentals and companies, like Airbnb, that thrive on them. On June 17, both houses of New York’s legislature passed a bill that will dispel remote tenants from advertising their units for short-term rentals. Should New York Governor Andrew Cuomo sign the bill into legislation, the building’s owner, not its tenants who advertise the rental listings, will be fined for violations. Continue reading “NY Building Owners Beware: Advertised Short-Term Rentals of Your Units May Cost You”

HUD Guidelines Bring Complex Issues for New York Real Estate

Last April, the U.S. Department of Housing and Urban Development (HUD) announced its new guidelines on fair housing. A housing provider may not refuse to rent or renew a lease to an individual based on his or her criminal background and those who do may be in violation of the New York Fair Housing Act. Prior to this action, denying someone housing based on past criminal records was not considered discriminatory.
Continue reading “HUD Guidelines Bring Complex Issues for New York Real Estate”

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