Getting Organized for the Tax Season
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Authored by , re: Elder Care, Healthcare Management, on .
Getting Organized for the Tax Season | Rebecca Eddy

Does thinking of April 15th put you or your clients in a state of panic? Many accountants send out Tax Organizer booklets in January, but not all clients use them. Some people have alternate systems in place that help them present their accountants with all the necessary information in an organized manner. Regardless of the method, there is value in streamlining the materials sent to accountants, who are most efficient when provided with the tools to do the job: accurate statements about income, expenses, and deductions.

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Deductibility or Long Term Care Insurance and the 2017 Limitations
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Authored by , re: Insurance Related, on .

By: Ronald A. Fatoullah, Esq. and Elizabeth Forspan, Esq.

{4:22 minutes to read} Many people wisely choose to purchase a long-term care insurance policy which will pay for all or some of the costs of long-term care services, such as care at home or in a skilled nursing facility. It is important to understand that the government provides certain incentives, in the form of tax deductions and credits, for those who purchased and continue to pay for such policies. There are tremendous added tax benefits that individuals with such policies must understand before “tax time” rolls around.

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High Scrutiny of Long-Term Disability Insurance Claims by Insurance Companies
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Authored by , re: Insurance Related, on .
High Scrutiny of Long-Term Disability Insurance Claims by Insurance Companies | Evan Schwartz

{3:30 minutes to read} Filing a claim for long-term disability benefits is an exhausting and complicated process—especially in the early stages. Professionals need to be wary of what this process entails in order to be prepared and ensure that their claim is approved. Upon receiving a long-term disability claim, insurance companies carefully and extensively examine it before they acknowledge their liability to pay the claim. A simple medical report and claim form will not be sufficient. In today’s environment, insurance companies treat disabled professionals seeking benefits like suspects in a criminal conspiracy.

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Looking Up From the Screen
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Authored by , re: MENTAL HEALTH, Wellness, on .
Looking Up From the Screen | Vickie Adams

Look up from your phone…. I’m right over here! Don’t worry. This is not another article about cell phone dependence. It’s about this author and my observations and decision-making process. This New Year’s eve I found myself in a beautiful restaurant surrounded by beautiful people. I looked over to the bar packed with men in tuxedos and women in fabulous dresses waiting to be seated. For one crazy minute, almost frozen in time, I noticed that every one of them was looking down at their phone and not one single person was facing another human’s face.

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How to Leverage Your Real Estate Broker
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Authored by , re: REAL ESTATE ARTICLES, on .
How to Leverage Your Real Estate Broker | George Grace

One important reason to hire an exclusive real estate professional “Why hire an exclusive real estate broker to represent you when finding space?” is a question that I find fairly often. Some benefits, like managing the logistics of viewings, are easy to imagine, but there are others that many would-be tenants do not come to appreciate until they are in the process. In the interest of getting around that gap in understanding, in this post, I offer a case study.

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Taking Care of Yourself During Divorce
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Authored by , re: Family & Divorce, Wellness, on .
Taking Care of Yourself During Divorce | Jeff Zimmerman

{Read in 1:30 minutes} Often in divorce we feel that we’re very depleted—as if our emotional bank accounts are overdrawn.

Self-care in general is a relatively new concept in divorce, and it’s usually one of the last things that people pay attention to. It’s understandable, when you consider all of the changes that occur during the process.

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LEGAL REPRESENTATION FOR REAL ESTATE PURCHASES AND SALES*
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Authored by , re: Commercial Real Estate, REAL ESTATE ARTICLES, Residential Real Estate, on .
LEGAL REPRESENTATION FOR REAL ESTATE PURCHASES AND SALES* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

The selection of a seasoned, competent and communicative attorney may be the single most important relationship in a real estate transaction. Now more than ever choosing an attorney who is sufficiently competent and whose fee is reasonable and customary is not the only two criteria to select a lawyer. A seller or purchaser should retain an attorney who is competent and experienced, who can protect your interests, who understands the market and who can help and not hinder the transaction.  Remember, if your attorney fails to include important provisions or negotiate a provision properly, the only person that will suffer is the client.

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A CO-OP’S GUIDE TO REFINANCING AN UNDERLYING MORTGAGE*
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A CO-OP’S GUIDE TO REFINANCING AN UNDERLYING MORTGAGE* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

Refinancing an underlying mortgage of a cooperative corporation is a complex, time· consuming and expensive transaction. There are numerous tasks a corporation can do to prepare for a successful closing. The following is an outline of what can be done by the Board of Directors to pre-qualify the cooperative corporation for an underlying mortgage with a lender.

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How Life Insurance and Divorce Can Impact Retirement Planning – Part 1
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Authored by , re: Family & Divorce, Financial Planning & Insurance, MEDIATION, on .
How Life Insurance and Divorce Can Impact Retirement Planning – Part 1 | Ada Hasloecher

{3:18 minutes to read} Life Insurance and how it relates to retirement plans is not something most couples give much thought to. The following articles, which I collaborated on with Steven H. Kobrin, a life insurance specialist, provide some insight and things to consider. Life insurance can play a pivotal role in retirement planning.

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Divorcing Parents and Their Special Needs Children
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Authored by , re: Family, Family & Divorce, MEDIATION, Parenting, on .
Divorcing Parents and Their Special Needs Children | Susan Ingram

{3:12 minutes to read}  I just finished a mediation session with a divorcing couple who have a special needs child, in addition to two typically-developing children. While divorces involving special needs children are often complicated and involve more issues than the “normal” divorce, I find helping these families to be especially rewarding.

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Reverse Mortgages: A Viable Option in Silver Divorces
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Authored by , re: Family & Divorce, on .
Reverse Mortgages: A Viable Option in Silver Divorces | Bob Bordett

Silver divorce, or grey divorce, is increasing at the same time when divorce among younger people is decreasing. This trend has necessitated innovative solutions to the problem of funding retirement, and one of the most useful—and misunderstood—tools in this regard has been reverse mortgages.
A reverse mortgage is an arrangement in which a homeowner or homeowners aged 62 or older receives a loan that is not payable until they sell the home. A reverse mortgage shields the homeowner(s) from seller’s fees, but leaves payment of property taxes and maintenance of the home with the homeowner(s).

SAVING NEW YORK STATE MORTGAGE RECORDING TAX*
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Authored by , re: REAL ESTATE ARTICLES, Residential Real Estate, on .
SAVING NEW YORK STATE MORTGAGE RECORDING TAX* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

Purchasing a new home can be a very costly venture for a purchaser. The costs involve more than just the price of the property. Purchasers will face a string of settlement costs especially when a loan is involved. These loan costs include everything from loan origination fees to appraisal charges to credit report costs to lender legal fees. Each year closing costs continue to rise because lenders are required to comply with the ever-changing mortgage regulations and stricter lending requirements.

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Should I Agree to Arbitration? Part 2
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Should I Agree to Arbitration? Part 2 | Bart Eagle

{5:30 minutes to read} In my previous article, I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

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Dog Bites Can Be Devastating. Is the Law on Your Side?
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Authored by , re: LAW RELATED ARTICLES, Personal Injury, on .
Dog Bites Can Be Devastating. Is the Law on Your Side? | Ron Katter

{2:30 minutes to read} Dog bites often cause the most severe physical and emotional injuries. When a seemingly friendly dog unexpectedly bites someone, deep tissue injuries and infection can occur. Treatment for these injuries often includes many surgeries and a slow, painful, recovery. Dog bites can leave disfiguring scars on parts of the body that are visible when the person is in public, such as on their face, arms, or legs, and are a permanent reminder of the animal’s attack.

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A Time for Reflection and New Beginnings
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Authored by , re: Family & Divorce, on .

{1:48 minutes to read} The end of one year and the beginning of another is a time of reflection for many people. We think about the events of the past 12 months and are sometimes compelled to make changes. These changes often involve some sort of improvement to physical health, but some people also use the New Year as an opportunity to make improvements to their emotional well-being. Mediation is a place where we can ameliorate the negative feelings and emotions that often accompany a separation or divorce.

Click here to read Melissa Burns' full article...

Creative Team Behind Broadway’s Jersey Boys Hit with Copyright Infringement
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
Creative Team Behind Broadway’s Jersey Boys Hit with Copyright Infringement | Mark Kaufman

Big girls may not cry, but the creative team behind the smash Broadway musical Jersey Boys might be doing just Creative Team Behind Broadway’s Jersey Boys Hit with Copyright Infringement that. On November 28, a jury in Nevada federal court found that the musical’s creators were guilty of copyright infringement—to the tune of 10% of the show’s profits. Jersey Boys centers around the life and times of 1960s doo-wop group The Four Seasons. After retirement, Tommy DeVito, who was a founding member of the band, began work on an autobiography with the help of a ghostwriter (also known as an “uncredited co-author”) named Rex Woodward. After Woodward succumbed to lung cancer in 1991, DeVito changed his tune about who had written the unfinished book, claiming that he alone authored it. Further, he gave permission for it to be used as the basis for the musical that would become Jersey Boys.

Click here to read Mark Kaufman's full article...

3 Important Things to Look for in a Mediator
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Authored by , re: Family & Divorce, on .
3 Important Things to Look for in a Mediator | Katherine Miller

{3:30 minutes to read} You’re looking for a mediator? Below are 3 important things to look for in your search.  1. Training Clearly, anyone you go to should have training—and a lot of it! It’s important to recognize that not all training is the same, and not all models of mediation are the same. Be sure to find out:

  • The training the mediator has;
  • The model they work in; and
  • Their specific process (how they work).
It’s important to find these things out because a mediator’s method may be different than the client’s expectations.

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Cleaning Your Legal House: Is It Time to Update Your Will?
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Cleaning Your Legal House: Is It Time to Update Your Will? | Tom Sciacca

{Read in 6 minutes} The changing of the calendar is often a catalyst for many people. At the beginning of each new year, many clients take inventory of their legal affairs. They question whether their existing documents need to be updated, with their Will topping the list.

A well-drafted Will anticipates various changes in a client’s life, and often does not require periodic updating absent a major life event. It is essential, however, that clients periodically review their Wills to ensure that it still fully reflects their wishes.

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If I Get Divorced, I Get to Keep the Dog, Right?
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Authored by , re: Family & Divorce, on .
If I Get Divorced, I Get to Keep the Dog, Right? | Don Sinkov

{3:00 minutes to read} Pets play a very important role in our lives. In my life I have a dog. I don’t own a dog, I have a dog and the dog has me. No one really owns a living creature. We live with them and have a relationship with them, and that relationship is very special to us. To pet owners, pets are like children and we grow very attached to them.

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january 2017! happy new year!
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
january 2017! happy new year! | Jennifer Safian

{2:12 minutes to read} As hard as it is to believe, here we are once again at the beginning of a new year! Yes, it may seem like “it’s deja vu all over again” as Yogi Berra once said, but in truth, at the beginning of every year, there is an opportunity for renewal and change. An opportunity for each one of us to re-examine where we are in our lives, personal as well as professional.

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Child Support Where Parents Share Equal Access with the Children
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Child Support Where Parents Share Equal Access with the Children | Clare Piro

{4:00 minutes to read} In New York, case law provides that when parents share equal physical custody of the children, the parent who earns more pays child support to the parent who earns less, based on the Child Support Standards Act. If there is a great disparity between their incomes, that might make sense. But if there is less than a substantial difference and both parents need to maintain a household for the children, applying the statute can put one parent in financial peril.

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End-of-Life Discussions & Decisions
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Authored by , re: Trusts, Estates & Elder law, on .
End-of-Life Discussions & Decisions | Susan Moussi

{3:30 minutes to read} The subject of this article comes from my personal experience this past fall with the death of my husband, Cliff. Cliff was diagnosed with brain cancer in 2014. Life took on a new normal, and we had nearly two years after his diagnosis to take care of planning, completing paperwork, and discussing his wishes. Not everyone gets an advance notice like this. Accidents do happen, so I urge you to make a New Year’s resolution to take the following steps, no matter your situation:

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NEW LAWS AFFECTING AIRBNB STARTING 2017*
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Authored by , re: REAL ESTATE ARTICLES, Residential Real Estate, on .
NEW LAWS AFFECTING AIRBNB STARTING 2017* | Eric P. Gonchar

© Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

As most of know, Airbnb is a peer-to-peer online marketplace and network enabling people to list and rent short-term lodging in residential properties, with the cost of such accommodation set by the property owner.

Airbnb was founded in August of 2008 and is based in San Francisco, California. It has become a trusted community marketplace for people to list, discover, and book on-line o from a mobile phone, unique accommodations around the world at any price point and for any type of property (ranging from a small apartment to a large mansion). The company receives percentage service fees from both guests and hosts in conjunction with every booking. In 2006, Airbnb was said to have over 2,000,000 listings in 34,000 cities and 191 countries. While there are other recognized companies like Homeaway, One Fine Stay, For Rent by Owner, Airbnb has been the leading company for people to monetize their extra space and showcase it to an audience of millions.

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LENDER ALERT PART I: Changes to New York Foreclosure Laws Effective December 20, 2016
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Authored by , re: Bankruptcy & Credit, LAW RELATED ARTICLES, on .
LENDER ALERT PART I: Changes to New York Foreclosure Laws Effective December 20, 2016 | Michael L. Moskowitz

On June 23, 2016, Governor Andrew Cuomo signed into law Chapter 73 of the Laws of New York 2016. We addressed the new law in a previous post which you can see here. We will address these changes in two separate blog posts. This first post addresses vacant and abandoned properties. Part II will address changes to foreclosure settlement conferences and the required pre-foreclosure notices.

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Compensating Sales Staff: To Be (in the Office) or Not to Be
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Authored by , re: Business Development, MARKETING, on .
Compensating Sales Staff: To Be (in the Office) or Not to Be

At a recent Around the Horn session, we fielded a question from a gentleman who was a successful franchisee of a fast-growing business that had a strong sales component. He and his management team created a leadership structure, new mission statement, and are now considering an adjustment to their compensation plan to make it “salary plus.” That means providing a higher base salary while reducing commissions at the same time.

  • The first comment warned that there may be some resistance and attrition, due to the loss of autonomy the sales staff would experience.

Click here to read Dave Bresler's full article...

Reducing Capital Gains Taxes
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Authored by , re: Trusts, Estates & Elder law, on .
Reducing Capital Gains Taxes | Ronald A. Fatoullah

By Ronald A. Fatoullah, Esq. and Debby Rosenfeld, Esq.

{5:26 minutes to read} The capital gains tax (“CGT”) is a tax imposed on the profit that is realized by an individual when he or she sells certain types of assets. The most common capital gains are realized from the sale of stocks, bonds, precious metals and real property. Although it is often said that nothing in life is certain except death and taxes, the one tax a person may be able to avoid or minimize the most through planning is the tax on capital gains.

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REAL ESTATE DUE DILIGENCE (Part 2 of 2)*
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Authored by , re: Commercial Real Estate, REAL ESTATE ARTICLES, Residential Real Estate, on .
REAL ESTATE DUE DILIGENCE (Part 2 of 2)* | Eric P. Gonchar

©2013 Eric P. Gonchar. All rights reserved. No portion of this article may be reproduced without the expressed written permission of Eric P. Gonchar.

This is part 2 of a 2 section article about conducting due diligence on real estate transactions and should be read in conjunction with the sister article.

Financing The Purchase – While Condominiums generally do not set limitations on how much a purchaser may borrow, co-ops generally do. The purchaser must first determine if the co-op will allow the buyer to purchase the apartment with a loan which is secured by a pledge of the shares of the co-op. Many older co-ops do not allow financing at all. For those co-op’s that do allow financing, it is important to determine what the financing limitations are before the contract is signed. If the purchaser wants to finance 80% of the sales price but the co-op only allows 70%, then the transaction should not proceed.

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Every Precedent Counts
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Authored by , re: LAW RELATED ARTICLES, on .
Every Precedent Counts | Dana E. Heitz

{3:09 minutes to read} Motion practice takes a lot of resources, and many firms lack the time to carefully curate relevant precedent. Investing in outside research can help bring down your firm’s overall expenditure. Recently I began researching the federal psychotherapist-patient privilege with the goal of opposing a motion to compel on behalf of one busy practice. But my client and I quickly saw—and proved to our adversary—that since the law was so strongly on our side, a motion to compel would be futile, and the parties could resolve the issue by stipulation.

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