In addition to making these important decisions that will affect your future, you will also need to ensure that all of your estate planning documents are well-coordinated. It is essential that all elements of your plan flow well together and that they help you accomplish your goals. If they do not, it can lead to complications for yourself and your loved ones.
For many people, assets and finances are in many different accounts and holdings. Each of these can often have its own beneficiaries named where assets will be allocated to loved ones. This can become complex if estate planning documents have conflicting information.
It is often necessary to have more than a will to have the full amount of protection you need and deserve. While each person is different and each situation unique, some of the most common estate planning tools that benefit many different people include powers of attorney, trusts and more. With so many different tools available for different uses, they can easily conflict with each other if not executed with thoughtful guidance from a legal professional. As you consider all the things you may need to look to your future with confidence, the following can help ensure that your plan is well-coordinated and cohesive:
These efforts can help you ensure that your estate planning efforts are coordinated well and allow your estate plans to function smoothly during and after your lifetime. This can be a complex endeavor, and you may benefit from having experienced guidance regarding New York laws and other matters as you seek to create plans that will meet your needs and help you accomplish your goals. A well-coordinated estate plan can provide you and your loved ones with peace of mind.
]]>In a traffic stop situation, the first thing to remember is that police must have reasonable cause to make a traffic stop. They can’t simply pull you over at random for no justifiable reason. Furthermore, they must establish probable cause to make an arrest, meaning evidence that you have committed a crime.
If police pull you over in traffic, there are certain things you should do:
If a New York police officer tells you to exit your vehicle, it likely means you’re suspected of intoxication. If this is the case, it is critically important to know what to do. You are under no obligation to take a field sobriety test or breath test during a traffic stop and may invoke your Fifth Amendment right to remain silent if the officer starts asking you questions about drinking. However, in New York refusing to take field sobriety tests or a breath test when ordered to by a police officer will result in serious legal ramifications.
If you’re walking down the street and a police officer approaches, it’s important to stop walking. Trying to flee will only result in legal problems. Here are several things you can do if police stop you on the street:
There are many reasons why police might stop you on the street. Someone may have pointed you out in a crowd as a possible suspect in a crime. Police might be looking for someone who looks like you. Maybe they think you witnessed a crime. In any event, you may exercise your right to remain silent and may request to speak with a criminal defense attorney, especially if you are being arrested.
]]>The first thing to know is that the police can still arrest you for DWI after only having one alcoholic beverage, or, for that matter, none – the police have taken many sober people into custody for DWI. It’s also wise to remember that a charge for a crime will have immediate and possibly far-reaching implications.
New York issues stiff penalties for driving while impaired. On a first offense, you’ll incur a mandatory six-month driver’s license suspension, but it may be longer. In fact, a judge can sentence you to jail for up to one year following a first-offense DWI conviction. You might also incur fines up to $1,000.
If you’re a commercial driver, a first-offense conviction will activate a CDL suspension of at least one year. If you were hauling hazardous materials when an officer pulled you over, the suspension will last three years. Not only is this bad for your driving record, but it could also impede your ability to earn a living.
If a New York court convicts you of DWI multiple times within a 10-year period, you could go to jail for five years or more. Fines at this stage may increase up to $10,000 after a third offense.
Your arrest may affect your driving record even before your DWI case goes to trial in New York. For example, if you refuse to take a chemical test following your arrest, you will face an automatic driver’s license suspension for at least 12 months. You will also have to pay a civil penalty and re-application fee if you want your license back.
In certain cases, charges for DWI may be “aggravated,” which would then place you at risk for severe penalties. If you were involved in a motor vehicle collision and someone suffered injuries or died, you could face vehicular assault or homicide charges as well.
It’s always best to secure criminal defense support if New York police have taken you into custody for suspected DWI. While such situations are stressful, it’s wise to remember that you have rights and deserve not only due process but also a fair outcome.
]]>Failure to do this could lead to complications for you and your loved ones in the future. It could even result in difficulties for you if you find yourself incapacitated due to physical injuries or serious illness. An estate-planning cleanup is not only a practical way to ensure that everything is up to date, but it could also lay the foundation for important additions or removal of unnecessary parts.
The right clean-up strategy for your specific estate plan depends on the details of your individual and unique objectives for the future. However, in most cases, it is helpful to start by going through all of your documents and organizing them. Once you have done that, the following steps will be helpful for you:
If you are reviewing the terms of your current estate plan, it may be helpful to seek experienced guidance to assist as you go through your documents and determine what is next for you. This assessment can help you understand if it is necessary to update documents, remove documents or create new documents. All estate plans will benefit from a careful review every few years in order to reduce the chance of complications in the future.
]]>Good weather, free time and fewer responsibilities mean lots more social activities, which often include alcohol. Local police departments know this, which is why they often have more officers on the street during summer nights than at other times of the year. More cops on the street typically means more traffic stops and more DUI arrests.
People often make the mistake of thinking they’re perfectly capable of driving after having a few drinks with friends in the summer. It’s doubtful that anyone would intentionally plan to get drunk and then drive, but things happen. People have several drinks and decide, for whatever reason, that they’re okay to drive. If you want to avoid a DUI this summer, it’s best to either abstain from alcohol altogether when you drive or hire a ride service or bring along a designated driver.
If you’re one of many people in New York who have a substance abuse problem, the summer months might increase your temptation to consume alcohol. Perhaps you have one or more DUIs on your record. To avoid an arrest, you might want to tap into local resources to help you overcome the problem.
An arrest for DUI doesn’t necessarily mean the court will try and convict you. In fact, in the past, there have been incidents where sober people have stood accused of drunk driving. Whether or not you consumed alcohol before driving, you have rights, and if you experience a violation of those rights during or following a DUI arrest, you may be able to obtain a case dismissal or challenge evidence as inadmissible in court.
If your family, boss or school administrators learn of your arrest and DUI charges in New York, it can have both an immediate and far-reaching effect on your life. If you are a licensed professional, your license might be at risk, especially if you face a conviction. To mitigate your circumstances as much as possible, you’ll want to fully explore all defense options that might be relevant in your case.
]]>If you travel above the posted speed limit, you are greatly increasing your risk for collision, as well as breaking the law. However, even if you’re a safe rider, another motorist who speeds could cause a collision that results in serious, even life-threatening injuries. Always travel at safe speeds and watch out for drivers who don’t.
The following list shows the common causes (in addition to speeding) of motorcycle accidents in New York and throughout the country:
As a motorcyclist -- especially tractor-trailer operators, you also must remember that drivers may experience blind spots in their mirrors where you could be fully hidden from view. Staying alert and learning how to position your motorcycle in the lane, as well as distancing yourself from vehicles that are moving erratically, can help improve your safety on the road.
Sadly, many motorcycle accidents are fatal. If you survive a collision, you might suffer serious injuries, including brain trauma (even while wearing a helmet) or spinal cord damage. These types of injuries often result in partial or full permanent disability.
If you come away from a motorcycle collision with a permanent disability, you might not be able to work. Such situations often cause severe economic distress. This would be especially concerning if you are the primary breadwinner in your household. State law allows recovering accident victims to seek restitution.
If another driver was speeding or intoxicated when the collision occurred that caused your injuries, he or she may be liable for damages. In many cases, motorcycle accidents lead to criminal charges being filed against another driver, especially if alcohol is determined to have been a causal factor.
Informing the court that the defendant in a personal injury claim is also facing charges in a criminal court can help substantiate the injury claim. It’s best to seek guidance and support before suing someone for damages following a motorcycle accident.
]]>The probate process is overseen by Surrogate's Court, and it is facilitated by the executor. This individual will bear the responsibility of overseeing the probate process, which can be an immense undertaking that may take months or even years to complete. Due to the complex nature of probate, it is critical for the executor and other interested parties to understand what this process requires in order to avoid complications, additional stress and extra costs.
Probate authenticates a person’s will, but it also settles remaining financial obligations associated with the estate and eventually distributes estate assets to designated heirs. Whether you are the executor of an estate, or you are an interested party, knowing what to expect from probate is essential. This process typically follows these steps:
There are various issues that could complicate the process of settling an estate. If there are multiple wills, disputes between heirs, mistakes in estate planning documents and other issues, it can lengthen the probate process and add additional steps that will be required in order to eventually close the estate.
Whether you are creating an estate plan, appointed as an executor of a New York estate or simply an interested party in an estate, you will benefit from the assistance of an experienced professional. There are legal and financial interests at stake, and it is helpful to have an understanding of your legal options and rights during probate.
]]>After that, you will have numerous other issues to contend with and decisions to make, such as whether you should hire an attorney. If your injuries were moderate to severe, or even life-threatening, it’s a situation that is likely to spark financial distress during recovery. One of the benefits of hiring a personal injury law attorney when you’re planning on filing a legal claim is that he or she can determine the maximum compensation to which you may have a right for damages.
A personal injury attorney is a skilled negotiator who can review your case and determine the full extent and potential implications of the damages that occurred. Many people have made the mistake in the past of agreeing to an insurance company’s suggested settlement, only to experience far more adverse medical issues down the line than expected. Such a settlement (which might be a few thousand dollars) may not even come close to being able to cover post-accident care in such cases.
Litigation associated with a car accident can be complex and highly stressful. Having to discuss details of the incident may reawaken emotional trauma. Many litigants say that having an attorney by their side to speak and act on their behalf in court made their experience a lot less stressful. An attorney can also make sure that you receive a fair decision.
New York laws pertaining to car accident litigation may be different from laws in another state. For instance, states often vary regarding statutes of limitation that require one to file a legal claim within a certain amount of time following a collision. The issues that constitute “damages” also vary by state. This is another reason it is typically beneficial to act alongside experienced legal representation. An attorney is well-versed in state laws and can make recommendations accordingly.
]]>You may want to keep the terms of your estate plan private. You may not feel comfortable or obligated to discuss these matters with others, but there are reasons why you may actually benefit from doing so. Discussing your plans with your New York family members may be beneficial for you, as well as for your heirs and beneficiaries.
As you consider your future, you will decide what will happen to your personal property after you pass and what types of medical care you may want in case of incapacitation. These are sensitive matters, but there are reasons why you may want to discuss your estate plans with your loved ones and others despite how you feel. Consider the following:
This discussion is important, even if it is uncomfortable. Before you have this conversation, however, you will benefit from ensuring you have a complete and thoughtfully crafted estate plan in place.
The intent of having a complete estate plan is to ensure that you have the final say over certain legal and financial matters that may arise in the future. By discussing these plans, explaining your intentions and taking other steps, you can feel certain that you will have more control over matters. This discussion is also an act of love as you explain to your loved ones, heirs and beneficiaries the details of your plans and why these details are important to you.
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