The Law Offices of Daniel Timins Blog

PROBATE: Beware the Court Clerk!

Posted on April 13, 2015

For those of you that missed it, my March 26th blog post spoke of the importance of being exceedingly nice to court clerks while initiating the Probate process. The clerk is (a) extremely knowledgeable as to how Probate works, (b) the gatekeeper and only individual who can begin the proceeding, and (c) a human being with feelings. As such, treat them with respect. That is not what this blog post shall cover. Clerks, like all people, are human beings and human beings are fallible. You have to understand and accept this fact, or your visits to the Surrogate’s Court will end in you wanting to drown your bad mood at the nearest Happy Hour. I have had clerks tell me

GUEST BLOG – Chet Davis: How Home Buyers Can Obtain the Best Home Mortgage

Posted on April 7, 2015

Obtaining a home mortgage is one of the most substantial financial transactions that most families will ever negotiate. The mortgage loan process can take 60-90 days from the signing of a Contract of Sale on a purchase through closing. The loan application and related paperwork can be hopelessly confusing. So, how do you obtain the expertise for the one, two or maybe three times in your life that you’ll buy or refinance your home? Options for finding a mortgage include: Calling your local retail bank Going on a website like Bankrate.com or www.lendingtree.com Asking friends and family for recommendations Consulting with a residential mortgage banker Regardless of your approach, every home buyer needs to know the following before looking for

GUEST BLOG – Philip Swift: Falls Prevention Awareness

Posted on April 6, 2015

Falls, the majority of which occur at home, are the leading cause of injuries or death for those over aged 65, according to the Centers for Disease Control and Prevention (CDC). BAYADA Home Health Care – a leading national provider of home health care services – offers important suggestions to help people remain safe at home and reduce their risk of falling. “It’s important for seniors to accept that sometimes they need help to remain safe at home,” said Sharon L. Driscoll, RN, CRRN, director in the nursing office at BAYADA. “We found that the number one reason for falls in the home is lack of supervision or assistance. Not surprisingly, people want to be independent, even as they age,

GUEST BLOG – Cari B. Rincker, Esq: Farm Estate and Succession Planning

Posted on March 28, 2015

In the words of Ben Franklin, “[f]ailing to plan is planning to fail.” About 90% of farming operations do not survive the transition to the next generation. There are many possible reasons why a family farm does not succeed to a future generation; however, poor estate and succession planning is a prominent concern among the agricultural industry. After all, the average age of the American farmer is approximately 65 years old with very little (if any) estate or succession planning. In way of background, the term “estate planning” involves how the farm assets will be distributed to the heirs while “succession planning” delves into how the agri-business will continue to the next generation. Your objectives will help guide the entire

PROBATE: Be Nice to the Court Clerk!

Posted on March 26, 2015

When a person passes away, New York requires the Will and other paperwork be filed with a law clerk, in the Surrogate’s Court in the County in which the Probate Proceeding will be held. And while the Surrogate’s Court Procedures Act explains how such legal matters are supposed to proceed, each county is somewhat different as to how these requirements should be met. While these differences may frustrate an attorney unfamiliar with a certain county’s requirements, it tends to drive “Pro Se” participants (I.e. the “Do It Yourselfers” who are not attorneys) to the brink of insanity. And when people act irrationally, the administering clerk will likely transform from helpful to defensive. I was in one of these courts today

Handling the Empty Nest: Securing the Recently Departed Loved One’s House

Posted on March 24, 2015

When a person passes away there are several matters to take care of, the FIRST of which is securing the premises. One of my biggest concerns is the possible “Dash and Grab” that dishonest (needy?) family members perform when they hear of the recently departed family member and run to strip the house of assets with financial or sentimental value. And, as much as I hate to use stale idioms, “Possession IS 9/10ths of the law.” Here are steps you can take to secure a family member’s personal belongings upon their passing: CHANGE THE LOCKS: If the house was owned by the decedent, consider doing this to protect the property inside. CANCEL CREDIT CARDS / FREEZE BANK ACCOUNTS: Supplying a

“There’s No Place Like (the Nursing) Home…” Avoiding the Trip from Kansas to Oz

Posted on March 24, 2015

Many of us remember Dorothy in the Wizard of Oz saying “There’s no place like home.” And it’s true. Whether we own or rent the premises in which we reside, the one place we hold as sacred is the one we relax and sleep in: Home. No client wants to be swept away in the tornado that is a Nursing Home. Elder Law attorneys try to smooth over the term by calling it an “institution”, a chilling word which is (shockingly) not that much more comforting. Either term instantly invokes the thoughts of bad smells, confused or infirmed individuals, bad food, hospital beds, and misery before death. Truth be told, the “best” nursing homes I have seen are not places

ESTATE PITFALLS: Simple Things that Will Save Your Estate Money

Posted on March 24, 2015

I will not belabor the point: It costs far less time and money to fix things while you are alive than after your passing. I cannot tell you the number of estate cases I have personally fielded that simultaneously frustrated and burdened beneficiaries and padded my own wallet with no real necessity to do this from the beneficiary side. Here are some things you can do to pass more money to your beneficiaries and less to the attorney administering to your estate: STOCK CERTIFICATES: Yes, these still exist. Some stocks may have split, some may have been merged into another company, some certificates may be lost or not in a convenient place for your beneficiaries to find them. Transfer these

SIBLING RIVALRIES: The Funeral: Who is in Charge?

Posted on March 24, 2015

The first sibling rivalry goes back to the “first” siblings, Cain and Able. It was not the last (though the outcome was a little more dramatic than the average sibling rivalry). Of the many rivalries that have taken place since, one that is too often overlooked is over the parent’s disposition of their remains upon their passing. I have seen situations where one sibling [we’ll call him “brother”] was the local child living with his mother, and the more distant child [“sister”] lived a few thousand miles away. Brother and sister had not liked each other for decades. When mom passed away, brother did not tell sister, and decided to hold a small funeral where mom’s funeral service was highly

GUEST BLOG – Jennifer DiClemente of the American Cancer Society, Inc.: Charitable Planned Giving

Posted on March 16, 2015

Leaving a “planned gift” to charity is not always the first thing that comes to mind when you begin considering your estate plans. But utilizing this tool can be a powerful option for individuals, families and charities alike. These special gift arrangements often provide significant financial benefits such as increased income, lower income tax, bypass of capital gains, elimination of potential estate taxes, diversification of assets, and more—all while helping to support a cause you believe in. Anyone can take part in a planned giving program by remembering a charity in their estate plans. When you hear the expression “planned giving,” you can consider the face of a youthful female, busy raising three children. This is the way one of

GUEST BLOG – Dr. Jomarie Zeleznik: An Elder Attorney is Holding the Umbrella

Posted on March 4, 2015

Doris is 97 years old and has lived in the same cozy apartment in the Bronx for 38 years. Every night she takes an elevator ride to her daughter’s apartment for dinner. Three other children live within driving distance and only her oldest son lives far away. In this family give and accept are done without the words “obligation” or “burden.” Doris saved for a rainy day in old age, and like many middle class people of her generation she also saved to leave something for each of her five children. I am told she reads her financial reports weekly and is still earning from wise investment choices. Many years ago, Doris set up five separate accounts in her own