Author Archives: Jay Butchko
Common Buyer Contingency Clauses in Real Estate Contracts
As a buyer, placing a contingency in the real estate contract can be rather advantageous. Some real estate contracts pass without contingencies, but usually in favor of the seller’s wants. This is usually when a piece of property is being sold “as-is.” However, outside of “as-is” contracts, each party will try to assert their… Read More »
Breach of Contract Issues in Real Estate Contracts
Real Estate contracts are traditional contracts that set out the details as well as the rights and responsibilities of all parties involved. The contract in essence is a promise between the buyer and the seller. The buyer makes a legal promise to purchase the home at the agreed upon price and the seller promises… Read More »
Possible Disputes in a Guardianship
Guardianship and Disputes A guardianship is a legal relationship created by court of law between an assigned guardian and a person who becomes a “ward.” It is a powerful resource and can be quite effective in the area of elder care and asset planning. The guardianship usually covers an incapacitated adult or sometimes a… Read More »
The Legal Mechanics of Lost Wills in New York Surrogate Courts
A lost will is a will that is known to have once existed and cannot now be located; and at the same time, it is not known to have been revoked. In short, the will is lost and cannot be found by any of the heirs of the decedent. As a result, the will… Read More »
Planning For Nursing Home Care
Placing an elderly loved one in nursing home care requires a lot of planning. It also involves legal questions surrounding the person’s medical care, finances and his or her estate. Before placing your relative into nursing home care, you must ensure that they have their affairs in order to facilitate a smooth transition. Emergencies… Read More »
How to Disinherit a Loved One
Estate planning is an interesting area of the law. Estate planning is a very personal need for the individuals who engage in the process. However, the legal system has reduced this really personal process to a technical exercise. This is also true for will writing and it is evident in situations where testators want… Read More »
Probate Process in New York’s Surrogate Courts
The probate process takes place in a court of law with limited jurisdiction to hear matters surrounding a person’s death and the settling of his or her affairs. In New York State, the probate process is overseen in what is called the Surrogate Court. The Surrogate Court oversees the distribution of the deceased’s assets… Read More »
Trusts for Low Income, Disabled and Special Needs Individuals
One of the trickiest aspects of leaving property and assets to friends and family members on your death is considering the implications that flow from leaving the gift. Unfortunately, these implications are often overlooked by the person making the gift (especially those not assisted by attorneys) before their death. Tax implications are one of… Read More »
Dos and Don’ts of Will Writing
The first step in the will writing process is submitting to the fact that it is best to write a will at all. This is especially the case for individuals who have a large amount of assets. For most people, it is better to have their property pass by a will than to have… Read More »
Guardianships: An Overview
Caring for an elderly parent, grandparent or friend who has lost their mental capacity can be a difficult undertaking. This is especially the case when the elderly individual cannot be trusted to make sound financial and personal care decisions. The implementation of a guardianship is one of the best courses of action to help… Read More »