Why Do I Have to Pay My Neighbor to be Able to Work on My Building?
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Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
Why Do I Have to Pay My Neighbor to be Able to Work on My Building? | Andrew Weltchek

Because he can’t stop you from setting up your scaffold on his property, if that’s the only way to finish your job. It’s a trade-off. This is New York City, after all. Sometimes—in fact lots of times— the only way to work on your building is to set up on your neighbor’s property.

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Do I Need to Pay Income Taxes on My Inheritance?
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Authored by , re: LAW RELATED ARTICLES, Trusts, Estates & Elder law, on .
Do I Need to Pay Income Taxes on My Inheritance? | Tom Sciacca

{Read in 6 minutes} One of the most common questions that I get from Executors and beneficiaries alike is whether or not a beneficiary must pay income taxes on their inheritance. This is an important question, so I thought I would address it here in this blog.

Generally, the answer is no! … with some notable exceptions.

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Negotiating a Prenuptial Agreement Doesn’t Have to Feel Like Hell
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, Marriage, on .

The prenup was hell, but in the end it was almost as if that document became a repository for our anxieties, holding on to them so we didn’t have to.

~Abby Mims

The above quote comes from an article in The New York Times titled “Prenup Is a Four-Letter Word.” In the article, the author Abby Mims writes about her experience being asked to sign a prenuptial agreement. She and her fiancé had been together for a number of years and already had a child when they decided to marry — but the fiancé wanted a prenup.

Click here to read Andrea Vacca's full article...

Introducing DFL Wholesale — Spa Technology Professionals
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Authored by , re: Design, on .
Introducing DFL Wholesale — Spa Technology Professionals | Matt Williamson

{1:30 minutes to read} Design for Leisure (DFL) is delighted to announce their associate business, Spa Technology Professionals LLC. Planned for launch in early 2018, SpaTecPro will be dedicated to supplying our range of professional spa products to homeowners, contractors, and operators. The entire range of products, spare parts and consumables will be available. Many of Europe’s top spa product professionals will be represented in SpaTecPro’s web-shop style site.

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Year-End Tax Planning for Employees and Families
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Authored by , re: FINANCIAL ARTICLES, on .
Year-End Tax Planning for Employees and Families | Nadine Riley

{8:48 minutes to read} There’s something different about entering the month of November, in my opinion. I believe it is due to how close November is to the end of the year. It’s that penultimate month. November allows us to pause and rethink where we have been and where we would like to be before the year ends:

  • Some of us will pause to focus on the things we should have done and dwell there (do nothing).
  • Others will look back and choose to act and make a change that could be beneficial.
It is the latter group of individuals who may benefit the most from this article.

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Should You Mediate, Collaborate or Litigate Your Marital Issues?
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Authored by , re: Family & Divorce, on .
Should You Mediate, Collaborate or Litigate Your Marital Issues? | Gayle Rosenblum

The vast majority of divorces and other family law-related issues end up settling. In this article, I will discuss how a settlement can occur in mediation, collaborative law, and yes, even litigation.

Mediation is a process in which two individuals must be ready, willing, and able participants to subject themselves to mediation. It involves a neutral party as a mediator, and that person may be an attorney — or not — who helps these two individuals resolve their differences. The key requirement is that there must be two willing participants. If only one is willing, mediation is not the right process.

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Tax Tips for the Recently Divorced
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Authored by , re: Family & Divorce, on .
Tax Tips for the Recently Divorced | Bob Bordett

We are only 10 weeks away from the end of the year. What does that mean for people who have gotten divorced in 2017? It means you have to get ready to file your tax returns for the year ending 2017 by April 16, 2018 (April 15 falls on a Sunday so you can file your return on April 16) or extend it. Remember, just because you extend it, you still have to pay any tax that you owe by April 16, 2018.

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New Tax Treatment of Maintenance and Implications for Divorcing Couples
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
New Tax Treatment of Maintenance and Implications for Divorcing Couples | Deborah E. Kaminetzky

There is a lot of buzz lately about possible changes to the tax treatment of Spousal Maintenance. The silver lining in the spousal maintenance cloud is that the payor can take the amount off their taxes as a deduction. The person who receives the maintenance has had to pay the taxes on it as income.

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Dreamers Held Hostage
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Authored by , re: Immigration law, on .
Dreamers Held Hostage | Mitchell Zwaik

{1:54 minutes to read} No one should have been surprised when the Trump administration announced that it would require massive new immigration restrictions in exchange for agreeing to extend benefits for 800,000 Dreamers.

Most expected that the price for the Dreamers would be paid for in a wall along the southern border, but many hoped the payoff would stop there. It has not. Instead, the administration is pushing its entire anti-immigrant agenda, pitting the Dreamers against virtually every other immigrant group.

Text-Mess: It’s “What?!?!” For Dinner
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Authored by , re: Family & Divorce, on .
Text-Mess: It’s “What?!?!” For Dinner | Fabienne Swartz

{2:56 minutes to read} You’ve heard it before, and probably even said it: Today’s kids are not interacting with each other in the real world enough. They’ve replaced playing outside with their friends with playing on the computer, XBox, iPad, and who knows what else. When they communicate with each other, it’s through text messages. I feel like there’s a whole skill set of discerning other people’s moods that has atrophied in recent times.

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Online Ratings, Reviews, Endorsements, Recommendations, Testimonials, Oh My!
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Authored by , re: Business Development, on .
Online Ratings, Reviews, Endorsements, Recommendations, Testimonials, Oh My! | Mark Bullock

{5:25 minutes to read} Why are online ratings, reviews, endorsements, and recommendations something that you should be concerned about? If a potential client looks for you online, they’re going to look for you by name and profession or industry. If these potential clients see favorable comments, it’s one of the deciding factors as to whether or not they contact you. With so many ways for people to review, endorse, or rate you (be it positive or negative) you need to pay attention:

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Think Before You Email!
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Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Think Before You Email! | Aimee B. Davis

{3:18 minutes to read} Have you ever sent an email you wish you hadn’t? The consequences can sometimes be catastrophic. One strategy for dealing with challenging or frustrating encounters is to write down everything you would like to say, and then not send the message. This allows you to step back and vent. More importantly, it allows you time to think about what you would like to say, rather than reacting quickly and emotionally. Often this exercise helps inform one’s actual response.

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Parties in Dispute: Their Wants vs. Interests and Needs
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Parties in Dispute: Their Wants vs. Interests and Needs | Bart J. Eagle

{4:15 minutes to read} In a mediation, after learning the basic facts and issues in dispute, the mediator will work to identify each party’s interests and needs; this is different than a party’s wants.” If a party has not already focused on her interests and needs, the mediator will help her do so. In this way, the mediator can help each party craft proposals that address her interests and needs and those of her adversary. The beginning of the road to settlement.

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Protect Yourself From Financial Fraud
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Authored by , re: Elder Care, on .
Protect Yourself From Financial Fraud | Peter Gordon

{2:35 minutes to read} I have a client with cognitive loss who has had difficulty organizing his financial paperwork. One of the projects I’ve been working on for him is re-creating his 2015-2016 taxes. In doing this, I discovered a check he wrote for $15,000 to Wells Fargo. He has no account with Wells Fargo, doesn’t remember writing the check and had no clue as to what the money might be for. Click here to read Peter Gordon's full article...

Metlife Long-Term Disability Policy Holders Beware
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Authored by , re: Insurance Related, on .
Metlife Long-Term Disability Policy Holders Beware | Evan Schwartz

Metlife stopped selling individual disability insurance last year, but kept all of its policies and continues to administer them and manage the claims. In insurance company lingo, this block of policies is in “runoff,” meaning that Metlife is not actively selling policies, and is winding down and closing out what it has already sold.

This is a situation typical in the insurance industry, where a company has a block of business that is no longer producing fresh revenue (other than the premiums from paying policyholders that have already purchased policies). Financial modeling leads to increased claim scrutiny, which results in more claim denials and terminations.

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Legal File Maintenance: What Must Be Kept for 7 Years and in What Format?
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Authored by , re: LAW RELATED ARTICLES, on .
Legal File Maintenance: What Must Be Kept for 7 Years and in What Format? | Chris McDonough

By: Chris McDonough Esq.[1]

Recently, on two separate occasions, I was contacted by experienced, well-respected attorneys with file and record retention questions. It seems there still is confusion regarding exactly which records must be kept for seven years and in what format those records may be maintained. This brief article will hit the high points. There are many excellent resources available to attorneys who require additional information, and anyone who wants more information should feel free to contact me.

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College Process Strategies for Divorced Families
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Authored by , re: Family & Divorce, on .
College Process Strategies for Divorced Families | Lauren Behrman

When the college-age children of divorced families begin their journey out of the nest and onto the quad, the best gift to give them is the peace of mind that comes in knowing their foundation is still there. The last thing they want—as they’re preparing for their SATs, ACTs and writing their essays—is to worry about the conflict between mom and dad regarding which colleges they can think about, because mom and dad have not come to an agreement in advance.

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How Should Divorcing Couples Approach Their Parenting Plan Discussions?
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Authored by , re: Miscellaneous, on .
How Should Divorcing Couples Approach Their Parenting Plan Discussions? | Susan Ingram

{3:06 minutes to read} For couples who have children and are divorcing, there’s no more important subject to discuss than their parenting arrangements post-divorce. As we are working in mediation, my couples sometimes ask if there is a best parenting plan that they should adopt and follow. The short answer to that question is no. The slightly longer answer is – no, because so much depends on the unique circumstances and needs of your specific family and its members.

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You Can Sue, but You Can’t Hide
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Authored by , re: Intellectual Property, LAW RELATED ARTICLES, on .
You Can Sue, but You Can’t Hide | Mark S. Kaufman

The United States Court of International Trade was recently the setting for an action brought by a company that wished to remain anonymous.

The plaintiff, referred to as XYZ Corporation, had been importing DURACELL batteries into the United States for 27 years. When goods that are genuine products of a trademark owner like DURACELL–but are manufactured outside the United States before being imported–they are called gray goods.

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Moving Forward – Part II
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Authored by , re: Family & Divorce, LAW RELATED ARTICLES, on .
Moving Forward - Part II | Clare Piro

{4:12 minutes to read} As I described in Part I of this post, it’s not unusual to feel completely overwhelmed upon hearing that your spouse wants a divorce. You think the last thing you are capable of doing is making good decisions about your children and your finances. But then you keep getting pushed by your spouse to start the divorce ASAP. You can tell your spouse that you need some time to process everything and get the support that you may need to move forward. Then, be reasonable in providing a time frame for when you will start, and stick to it.

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Do You Have Real Estate Problems?
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Authored by , re: LAW RELATED ARTICLES, Real Estate, on .
Do You Have Real Estate Problems? | Andrew Weltchek

Yes you do. If you own real estate in New York City, you have problems. Your boiler breaks down. Your basement gets flooded. Your contractor screws up. Your neighbor sues you. You and your commercial tenant get sued to provide handicapped access. Your neighbor won’t let you put up a scaffold to fix your wall. Your condo board won’t let you see its financial records. The list goes on.

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Who Are You?
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Authored by , re: Miscellaneous, on .
Who Are You? | Joy Rosenthal

Imagine that you knew that you were going to die in a month. Not from sickness, not from some terrible accident that you have to dread. All you know is that in 30 days, you’ll peacefully take in your last breath.* What would you do with the time you had left? Would you call friends? Would you retire? Would you want to see your family? Are there places in the world you’ve longed to see? What are the things that would be important to you to accomplish in your last 30 days?

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CLE Program Announcement
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Authored by , re: Employment, LAW RELATED ARTICLES, on .

Anyone interested in learning about “Recent Developments In Restrictive Covenant and Trade Secret Litigation” should consider attending a CLE program at the New York County Lawyers Association at 14 Vesey Street in Manhattan on November 1 from 6:30 p.m. to 8:30 p.m. with networking starting at 6:00 p.m. I am very pleased to say that I will moderate the program and serve as a panelist N.Y. and N.J. lawyer attendees will each receive 2 CLE credits. Non-lawyers are welcome to attend. Use this link to register. https://www.nycla.org/NYCLA/Events/Event_Display.aspx?EventKey=CLE101717

Click here to read Richard Friedman's full article...

How Can Illegal Immigrants Become Legal?
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Authored by , re: Immigration law, on .
How Can Illegal Immigrants Become Legal? | Mitchell Zwaik

{4:54 minutes to read} President Trump and many others in this country have been upset about the number of undocumented immigrants in the United States and the fact that few of them are obtaining permanent residency through the normal processing mechanisms. Although their grievance is understandable, it is also necessary to understand that the present system makes it impossible for most undocumented immigrants to “get legal.” It's because the current legal structure prevents them from becoming permanent residents.

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What About Us? Divorcing Couples Who Don’t Have Children – Part 4
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Authored by , re: Family & Divorce, MEDIATION, on .
What About Us? Divorcing Couples Who Don’t Have Children – Part 4 | Ada Hasloecher

{4:30 minutes to read} In the 3 previous parts of this series, we’ve identified 4 categories of divorcing couples without children (Part 1), covered couples married 1-3 years (Part 2), and couples married 3-10 years (Part 3). In Part 4, I am combining categories 3 & 4, as they have a tendency to overlap. Married for 10+ years with no children I would say at the outset that marriages over 10 years generally have a huge emotional component to them in addition to a more complex financial investment.

Click here to read Ada Hasloecher's entire article...