General Life

Introduction. This will be a painful time for you and your family. While grieving, you still have the responsibility of handling all the final financial affairs of your loved one. You might face bureaucracy, multiple court forms, and other family members who are grieving or might be angry. We can guide you through this every step of the way.
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Dear Colleagues, Clients, Friends, and Family  

2020 has been a rough year. We have all been in some way confronted with sickness and despair.  But this year also reminded us to treasure the people in our lives, to find joy in special moments and to appreciate nature.  

May your 2021 be filled with wonder and gratitude and health.

All the best to you and your family from the team at Sverdlov Law!

P.

1.   How did you become a KonMari consultant? 

Following a long career as a psychotherapist, I discovered my passion for organizing after organizing my own home using the KonMari Method. KonMari worked so well for me in my own home, I decided I wanted to help others achieve the same result.

After completing the KonMari training, I started my own business. Once I had a certain number of client sessions documented, I took an exam and became certified!  I’m now a Master Level Certified KonMari consultant.
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Unlike federal law, New York State does not have a gift tax. However, up until December 31, 2018, New York State required decedents to include all gifts made within three years of death in their New York State taxable estates. As a result of a recent legislative change, this add-back rule no longer applies to decedents with dates of death after January 1, 2019.

The result is that a New York State resident may choose to gift away all of their assets during their life, and these assets will not be added back to their gross estate. Unfortunately, one must remember that New York State law and federal law differ.

Different forms of ownership frequently result in assets being passed by operation of law, and not according to the wishes stated in the Last Will and Testament. It is crucially important to discuss with your attorney your specific wishes and the current forms of ownership of your assets.

Property: Joint ownership of both real and personal property has been recognized for centuries. Three forms of joint ownership are recognized in New York:

1. Tenancy in Common.

I am excited to announce the addition of DANIEL J. REITER, ESQ to my firm!

Daniel joins Sverdlov Law PLLC as Of Counsel. I have also joined Daniel’s firm as Of Counsel.

Our top priority has always been quality of our work and stellar client service and results. Our new Of Counsel relationship allows us to offer an enhanced array of estate, trust, special needs, and elder legal services to the community.

Medical aid in dying is the process by which an adult, mentally competent, terminally ill patient, whose doctors have determined likely to die within six months, self-consumes prescribed medicines to end suffering and achieve a peaceful death. There are currently legislative efforts in New York State to establish Medical Aid in Dying as a right.

Has it been tried before? Medical Aid in Dying has been legal in both Oregon and Washington for over a decade. Evidence compiled from these two states demonstrates that these programs are overwhelmingly beneficial. There is no evidence of disproportionate impact on vulnerable populations - the majority of patients who choose aid in dying have health insurance and most are college educated.

In New York, banks will seal a safe deposit box following the death of an owner or co-owner. The bank will then only allow the safe deposit box to be opened after a Court issues an order to that effect. The following are the steps you must take:

1. Identify an interested party who can petition the court. An interested party can be the  decedent's spouse, beneficiary or a named fiduciary in the Will.

After an Executor gets appointed in an Estate, the Executor must fulfill his duties by timely marshalling of all assets, paying all known creditors and distributing the remaining money to beneficiaries. While this is what is supposed to happen, quite often it does not.

When should you petition the court to compel an Accounting by an Executor? You can do so when you believe that Executor has withheld information, or has engaged in some sort of wrongdoing (such as self-dealing or asset mismanagement). Stealing funds from the estate, selling estate property for an artificially low price, or not distributing any money for years are all good reasons to petition the court.

Who may petition the court to compel an accounting? SPCA 2205 lists individuals and entities who may petition.