Probate Law: What You Cannot Do as an Executor in NY


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Although the majority of New York estate lawyers guide clients through the administration and the probate process, there are instances where a lawyer has failed to make sure a client adhered to the legal procedures in place to decrease the risk of conflict.  Unfortunately, executors frequently put their fiduciary role at risk by not complying with basic procedures regardless of whether their intentions were to receive executor commissions, assist heirs to collect their inheritance or straightforwardly obtain their own share.  If you have been formally chosen by the New York probate Surrogate’s Court as an estate administrator or executor, it is important to know what you cannot do.

You Cannot Use the Estate Bank Account for Personal Use

The intention of an estate bank account is to keep all estate funds safe, eventually being allocated to the beneficiaries.  It is fairly alarming to learn that an executor will often exploit the estate bank account for personal use. The estate bank account is not intended to cover the personal expenses of the executor.  Paying bills and withdrawing cash from the estate bank account is not acceptable. Any funds held within the estate bank account can be used for estate-related expenses such as, mortgage payments, maintenance charges for a condo or co-op, settling creditor claims, upkeep expenses and the like.  Once the estate incidentals and inheritance has been consented by all beneficiaries, funds can be issued from the estate account. It is important to carefully take note of any estate expenditures, and keep any and all related paperwork safe.

You Cannot Use a Personal Bank Account for Estate Funds

There is no justifiable reason why estate funds should be kept anywhere but in an estate bank account.  Without a very good reason why an executor cannot open an estate account, it is one of the most important tasks for an executor.  Estate funds, such as profits from rent or selling real estate property, any settlement proceeds from a lawsuit, stocks or funds held by the deceased should be transferred or deposited to the estate account promptly.

You Cannot Get Rid of Estate Property

An estate is automatically established upon one’s death. While many belongings may appear worthless, whether they are personal or actual property, they should not be sold, given to charity, gifted or discarded as they belong to the estate.  The executor is not freed from his/her personal liability until all beneficiaries obtain their portion of the inheritance, any and all items must be kept in status quo. Removing an item from the estate, even if it appears to be worthless, can cause problems later on if not accounted for.  When real estate owned by the estate needs to be sold, the executor inventories all the items and can either provide the list to heirs in hopes the items will be claimed or alternatively they can be put in storage. If there is no will, or no beneficiary was not named than any unclaimed items can either be donated or sold.

Don’t get left in the dark when it comes to the law in NYC. Whether you are an executor who requires support administrating an estate or if you are a victim of an executor’s misconduct in New York State, or if an estate has been opened up in the Bronx, Brooklyn, Long Island, Manhattan, Queens or Staten Island contact the Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 we are here to help.

Brooklyn Injuries 102: Hire A Workers Comp. Or Personal Injury Lawyer?


Construction Accidents: Workers Comp versus Personal Injury Lawyer

It is your right to get compensated as a result of any injury suffered at your workplace. But before you are paid for the injuries and damages suffered, there are two vital points you have to understand — whether it should be adjudged as personal injury or workers’ comp. For many workers who probably don’t know about personal injury law, workers comp is the only through route to workers’ compensation.

What type of claim should you file for?

There are lots of differences between these two, although they all point towards one thing — compensation. But since others generally find it difficult to distinguish between the two and often classify personal injury claims as workers compensation claims, they do end up with fewer amounts. In fact, the far-fetched idea that filing a personal injury lawsuit equates to ‘suing’ one’s boss is rampant and makes them feel coy, even when the employee wasn’t the one responsible. If after reading this article you still cannot figure out which legal category your injury falls under, you should call a workers compensation “Super Lawyer” (Super Lawyers is an award given my Martindale Hubble which means the attorney will be amazing) or a Personal Injury “Super Lawyer”.  Regardless of which you will speak to, they will steer you to the right type of legal representation required for your case.

Today, we’re going to set the record straight and offer a simpler analysis of their differences.

Workers’ Compensation Claim

You are entitled to workers’ compensation if you got injured while carrying out your roles within the company. Whether the accident happened off-site or on-site or an associate caused it, you won’t have to prove anything. Ideally, this compensation will have nothing to do with fault and you will be automatically eligible to get paid. Instead, the compensation is remitted to you without any questions being asked.

The following is a more simplified introduction to workers compensation: workers’ comp compensates employees after an injury in the workplace. The reason for this is that even when the employee was responsible, the accident couldn’t have occurred if the employee was absent. And so, with workers’ compensation, one gets paid what’s equivalent to the medical expenses, weekly wages, impairment benefits and vocational rehabilitation.

Personal Injury Claim

Assuming you got injured in an accident of any form and you feel it was as a result of someone’s negligence, a personal injury claim will demand that you prove so. This means a personal injury claim isn’t limited to workers alone.

Unlike the workers’ comp, therefore, compensation relies on how you as well as your personal injury lawyer argue it out. It is a broad, sometimes lengthy route that ought to be proved beyond any reasonable doubt that indeed the other person or party was at fault or negligent. If you succeed and the court proves so, compensation will include medical costs, lost salaries, loss of future earning, pains and agony and everything that resulted from the injury.

Workers’ Compensation Claim ensures you don’t sue your employer

It, instead, ensures every employee who gets injured in the line of duty is compensated and the medical bill is paid with no questions asked. The amounts in compensation, however, are limited, albeit they are dispersed immediately.




Why You Should Get a Family Law Attorney


Attorneys and lawyers that practice family law are known to take up all kinds of cases that relate to family issues ranging from common to highly unusual cases. Normally they will handle cases regarding separation,  legal separation, divorce, adoption, prenuptial agreements, child custody, alimony, and support agreements, or the division of properties that were accumulated throughout the marriage.

They can handle pretty much anything that is related to family and even sometimes take uncommon cases that intersect with other branches of the law such as property law, criminal law, even probation issues.

As always there are a ton of questions that can come up when searching for a family law attorney. One of the biggest questions asked is “how easy will this be?”

An honest lawyer is going to be straight with you and explain the process, even the hard parts– especially the hard parts. They will discuss all options available, what kind of effects it will have on your friends, family, and children along with the pros and cons of each option.

They can also answer questions regarding child custody, alimony, child support, and numerous other things.

Family Lawyers are there to assist you with any questions that you might think of and a good one will have an simple understandable answer. One thing for a family to take into consideration if you are separating or divorcing is child support laws. They usually vary state to state, are not bound by any specific federal statutes, and can be extremely confusing — especially if you don’t receive proper assistance.

If this is the case it is always a good practice to seek out a lawyer from your state, or the state where the case is being processed as they will be well versed in that state’s family law statutes.

Another advantage a family lawyer has is their ability to help a parent out if they are having issues making child support or alimony payments on time due to extraneous circumstances like loss of job, injury, etc. Normally when this is the case they will help you seek assistance through the courts to make adjustments. They can also help in regards to other things such as child visitation rights, even pet visitation rights which is becoming quite a common issue, and receiving and transferring funds if parents are living in separate states.

When it comes to family problems which are usually extremely stressful and upsetting, a family lawyer can be quite useful in assisting with the resolution of those issues. As always it is usually best to seek out a family lawyer who has qualifications in the specific area that you need help with but also has experience in other areas if such a need should arise.
One final thing to look at is the Family Lawyer’s work load. They may be a capable lawyer, but if their workload is too large they may not be able to dedicate the time required to resolve the case. As with most things, you can always start off with researching lawyers in your area either through the web or the yellow pages.

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050

Personal Injury Law: Making Money On Slips and Falls

“Slip and fall” is a general term used to describe a situation where a person has a fall on property that is not their own. The scenario can become difficult because fault it not as simple to establish as it is for other types of accident cases like auto collisions. The owner of the premises must have sufficient safe guards in place to protect those present from an unsafe environment, like wet floors or obstacles on the floor. A lawyer trained in personal injury law will follow certain steps to help establish fault and reach a conclusion so damages payments can be retrieved.

Man Slips & Falls in Queens, NY

Establishing liability:

The first step is to know and understand the story of what happened. This can be challenging because falls happens very quickly and the contributing factors may not always be known. But knowing the reason for the fall is perhaps the most important of the details. Some common scenarios are spills on the floor, equipment left in unsafe places, or steps that are not easily identifiable. These are examples where the defendant can be easily held liable because the fault of the fall is on this unsafe condition, and it is the defendant’s responsibility to keep a safe environment.

Not every “slip & fall” accident is the defendant’s fault though, situations where you fall because of your own clothes, shoelaces or inability to stay focused then the liability is likely on yourself. It can become tricky when it is a combination of both factors, for example, your shoe laces are untied and there is a slippery floor. Finally, many slip and fall accidents today are fake or staged. Sadly, there is a new trend of personal injury fraud going around the united states.

Damages are payments received as a result of the injury and its affect on your daily routine. For example, damages can include simply the cost of the medical treatment. But, If the injury caused you to stay out of work. Then the loss of salary is included in damages as well. The goal of damages is to help create a more equitable system, so people don’t suffer at the fault of others. Understanding what damages have been suffered is also not so clear cut and an experienced attorney can assist in determining how you were affected.

Actions to take:

There are some precautionary steps to take at the scene of the accident that can help benefit your injury or accident case or at a minimum not hurt your case. First is to be aware of the environment, and what was the cause of the fall, pictures can be taken for proof of the unsafe environment for use later. Speaking to a witness or documenting their version is very useful as well. The manager or owner of the property should be identified, and any unnecessary comments or blame shouldn’t be made until you have proper representation.

These steps can and should be taken to help increase your chances of winning a case involving personal injury.


Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333

Elder Law 101: Legal Help For Senior Citizens



Senior Citizens:

Senior citizens over the age of 60 are one of the most vulnerable groups in society. With age, comes a whole set of new problems that are unique to this demographic. They must worry about retirement and finances, health, and later end of life care. A number of federal programs like Social Security and Medicare have attempted to ease these burdens, but don’t eliminate them, and in many cases, create a bureaucratic system to receive the benefits. Legal assistance can be very helpful in these stages to make sure all the necessities are addressed.

Retirement and Finances:

Our senior years unfortunately, often come with a financial burden. In this stages many people retire or move to part time in the career, and must make major lifestyle adjustments to accommodate their income and savings. Elder lawyers for senior citizens can help to ensure that social security and other retirement accounts, like 401K, are paid correctly. Taxes must be adjusted per earned income and assets, which can be challenging. Creating a budget and multiyear plan is vital so funds can be disturbed equally. Health care cost also increase dramatically in our senior years.


Health is a major concern in the later years in life. The cost associate with health care can be major, and must be properly calculated. It must be determined if home care or assisted living can offer you the best options. Determining if and how your insurance will cover this is important as well. Senior citizens are entitled to certain rights regarding patient care and this need to be clear and upfront. An experience legal representative can assist in the health area and advocate for your rights.

End of life care:

Finances and health burdens multiply with the arrival of end of life care. Legal assistance for these aspects is of upmost importance. Power of attorney needs to be appointed to make financial decisions in the case you are unable to. And guardianship for decisions on your behalf regarding your health if you are unable to. Drafting a will is also a priority to ensure your loved ones can maintain possession of our assets. Successful wills require a “Super Lawyer”. A will is a complicated legal document, and there are many things that must be addressed. There are many small precautions to take like adding relatives’ names on to bank accounts, and mortgages. Careful considerations should be given for when to do this. Another major legal and health decision is a “do not resuscitate order”, that is added to your legal records requesting your wishes in case of resuscitation.

All of these decisions are not to be taken likely and have many legal consequences. There are many great law offices that specialize in assisting senior citizens and their experience can be invaluable.

Immigration Law 102: Citizenship & Naturalization




To become a citizen of The United States comes with a number of rights, privileges and responsibilities. First and foremost a citizen is entitled to the voting rights, serving in public office, holding a US passport, equal protection under the law, among many others. These valuable rights can be obtained through 3 different methods. The first of which is being born in the United States also called Jus Soli. The second is being born to at least one US person anywhere in the world called Jus Sanguinis. The third is naturalization which non-US citizens may apply for.

Jus Soli
The first method to citizenship is to be born within the United States or one of its territories. This became a law post-civil war with the 14th amendment to the constitution. This guaranteed citizenship to ex slaves and American Indians who were born within the US boundaries. Full rights and privileges are passed to the child with access to all benefits and responsibilities of every other citizen.

Jus Sanguinis

The second method is children born to a citizen of the US. This dates to the Naturalization Act of 1790. The law helps protects and guarantee citizenship to children of US citizens born outside of the US. This includes but is not limited to, foreign diplomats, US military, and citizens living abroad. If one parent is a citizen, qualifications must be met like a minimum amount of time for the parent to have lived within the US. If both parents are citizens, then any time spent in the US allows for citizenship to be passed along.



The third method is to apply for a process known as citizenship through naturalization. This process is available to those who do not qualify for the aforementioned options. Several standards must be met in order to apply for this. The individual must be a legal resident of The US and present at least half of the time. This option is available for adults over the age of 18. The individual will be tested on their ability to comprehend basic English, US history and politics. A good moral character must be demonstrated. Finally, they individual must demonstrate their allegiance to The United States and the Constitution.

There are some other options that affect a smaller number of individuals like internationally adopted children by US citizens. However, the result of each avenue to citizenship is the same. Once a US citizens, there is a guarantee of the principles set out in the Declaration of Independence and Constitution. There are also responsibilities that are obligatory like following the laws of the country and being held accountable when they are not followed, and even serving in the US military when needed.

Legal Lowdown For Corporations: S-Corp Vs. C- Corp


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If your small business is doing well you may want to consider incorporating it in order to avail of the multitude of benefits corporations enjoy. Setting up a corporation takes a lot of time and effort. In previous times, you would need a qualified attorney to help you incorporate your small business, but now you can find online websites that offer special incorporating resources, it can be done with reasonable cost and ease. When setting up a corporation you need careful guidance, knowing how to submit the correct forms to the right agencies. However, one of your more difficult choices would be choosing what would be the most suitable entity for your business.


These corporations are more suited to small-scale business operations. An S-corporation must have fewer than 75 stockholders, stocks must be US-owned, it can only offer one class of stock, and the corporation can only be domestic. Additionally, if the company accumulates debt, the debt is passed on to the owner; it will not be considered a separate entity, unlike with a C-corporation. The business has to hold stockholder and board of directors meetings annually and keep corporate minutes of the meetings.

One of the best benefits of S-corporations is the self-employment tax benefit. In an S-corporation you can save as much as 50% on Social Security Taxes and Medicare. It also does not pay corporate tax therefore you avoid double-taxation, which C-corporations experience. The income distributed to its shareholders will be taxed on an individual basis.


C-Corporations are suitable for large-scale business operations. They are more complicated to operate over S-corporations. Requirements of upholding a C-corporation include holding annual stockholders meetings, board of directors meetings, and keeping track of the minutes of these meetings. Record keeping for C-corporations is complex and the corporate structure is very expensive to operate. You have to file a tax return for the company and one for your personal self. Depending on which state you are operating in, there may be additional taxes.

Despite all these setbacks C-corporations have just as many benefits. They are allowed full deductions for disability and health insurance, including medical expenses beyond existing coverage. They also have benefits such as life insurance, pension plans, and dinner allowances.

When deciding whether to incorporate as a legal S-corporation or a C-corporation you must take your future plans into account too. Do you plan on expanding interstate? Do you want to go international? Which tax and fringe benefits are more suitable for your business? The tax structures and restrictions on shareholder equity can make a huge impact on the profitability of your business. You will need to analyze if the change will be worth it.

If you need assistance in determining in which type of corporation you would like to confirm you can consult an experienced lawyer to help you with your decision-making. An excellent lawyer can help you maximize the potential of your business by determining which benefits are most suited to your business and help you with all the paperwork you need to get your business incorporated. Consult your local business attorney today!


Launching A Startup: Why You Need a Business Lawyer



When it comes to starting a business, it is essential for business owners to seek the help of business lawyers because, as the saying goes, “An ounce of prevention is better than  a pound of cure.” Many startups are prone to committing big legal mistakes that can be avoided by consulting a lawyer on some legal business matters.

While most new businesses see the obvious benefits of hiring an accountant to set up its “chart of accounts,” most people overlook how essential it is to hire a business attorney. Seeking out the services of a good legal professional can give the startup company the advice and assistance it needs in certain aspects of the business such as basic zoning compliance, trademark, copyright, formal business incorporation, liabilities, lawsuits, and more.

3 benefits of having a business lawyer:

3) Avoiding lawsuits

Given the nature of our legal system, you have to be prepared to be sued. It doesn’t matter if the company is big or small, so long as your business causes large numbers of people to interact in some way, chances are that you will deal with a legal issue at one point.

2) Prevent legal issues from escalating

Do not commit the big mistake of waiting till the last minute to get a lawyer when dealing with legal problems. Those who wait till the last minute usually have more things to attend to, more documents to comply with, and more expenses; not only for attorney’s fees but also for documents that will be required.

On that note, having legal representation you can call on is helpful should you ever have to deal with certain employee matters such as harassment, injury compensation, etc.

1) For all legal matters & paperwork

Business lawyers can handle matters such as negotiating your office lease, filing a patent or trademark, drafting software license agreements, overseeing the corporate meetings for legal input.

Attorneys can deal with contracts. Having a lawyer who already understands the nature of your business on call makes it easier to prepare contracts with your clients, suppliers, and clients.

You might also need advice on taxes and licenses or perhaps you just need a lawyer to register your business for you. Whether you would like it to be a corporation or a limited liability company (LLC) your attorney can provide information to help you decide which type of business is ideal for you. They can even help you organize the business and prepare the required paperwork.

For companies specializing in design, media, and other creative-type businesses, a lawyer who is experienced in intellectual property can help register your products and services for copyright protection and trademark.

Since lawyers are essential in starting a business, it is also important that business owners know how to ask the right questions to choose the best representation for their business’ legal needs. If there is a law firm or a lawyer who can perform all the legal matters of the business then it would be advantageous for the company so they can avoid dealing with many attorneys in assisting the business regarding different legal needs.

Fisher Law Group, P.C. 25 Broadway Fl 9 New York, NY 10004 (212) 256-1877

Buying A Home: Do I Need A Real Estate Lawyer


Buying a house is serious business and can shape the next few decades of your life. Some people spend plenty of time debating with themselves on whether they should hire a real estate agent or a real estate lawyer when buying a house. Let’s start by considering costs.

Real estate agents earn commissions or fixed rates from the seller when they sell a property. While it may be true that the seller pays for the commission, some people can’t help but wonder if the cost was actually passed onto them.

On the other hand, real estate agents don’t charge much as a lawyer does. Some even call it exorbitant rates. In several cases, however, a lawyer is necessary to push forward.

Aside from price considerations, there are plenty of other things you should consider. Here are things that should be factored in when making your decision.

Information on agents

  • Agents are familiar with the usual details and usual steps in a typical real estate transaction. When dealing with unusual circumstances, you will need a lawyer to step in. Agents have an incentive to push the deal while a lawyer will watch out for your better interests.
  • Never use the seller’s agent as there is bias and it might end with the seller getting a more advantageous deal.
  • Agents can give you more control of the process by scanning the listings, giving you more options, and viewing the houses and showing you those that match your criteria.
  • Agents know the market value of similar homes and can advise you in your home search.

When you need a lawyer

  • Each state has its own set of real estate laws. In some states, an agent handles all tasks involved in preparing a home purchase contract but other states only allow a lawyer to prepare home purchase documents or do a title search, and close the deal.
  • A real estate lawyer can be expensive and can charge heavy fees. However, there may be times that you need to hire one. This usually  happens when there are legal issues that makes you wonder if your plans are feasible. There may be other issues with regards to the house you are considering. A real estate attorney can dig into matters and determine if there are problems.
  • Real estate agents are paid on a commission basis which results in a built-in conflict of interest. A real estate lawyer real estate lawyer typically charges by the hour, sometimes ranging from $150 to $350. Sometimes you may need to hire an attorney for specific tasks and depending on the job and the schedule, you maybe be able to negotiate a fixed rate. Never forget to record your agreement in writing.

In short, a real estate agent and a lawyer have their own jurisdiction. Hiring a lawyer will free you of any potential risk as they ensure the deal will not be problematic for you and a real estate agent will work with you to find your ideal home.

Robert Aronov & Associates, PC 88-02 136th St, Jamaica, NY 11418 (718) 206-1555

Richmond Hill, NY 11418, USA

Bankruptcy Law 102: Debt That Remains After Filing Chapter 7


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The main goal of a debtor in a Chapter 7 Bankruptcy proceeding is to be relived of all personal liability by receiving a discharge at the completion of their case. The term discharged is used to describe a debtor that is forgiven of legal obligations to pay his debts. However, not all debts are dischargeable. That is, even if the debtor receives a discharge, the bankruptcy filing will not relieve the debtor of personal liability of such a claim. The creditor will still attempt to collect from the debtor by sending notices, filing judgment liens, garnishing wages, and taking whatever necessary action available to get their money. Below is the five common types of debts you will still owe after filing for Chapter 7 Bankruptcy:

1. Tax Debts

As a practical matter, federal, state, local, sales tax, and payroll taxes are not dischargeable in a Chapter 7 Bankruptcy. However, federal or state income taxes that were due at least 3 years before the debtor filed for bankruptcy may be discharged. Although the debtor may be discharged of his personal obligations to pay income tax on the state or federal level, any tax liens incurred on the debtor’s property will remain.

2. Child Support Obligations

Child support obligations are taken very seriously by bankruptcy laws and are thus, not dischargeable. Any arrears or missing child support payments are not forgiven, and the debtor must continue to make any payments as they come due while his bankruptcy case is pending.

3. Student Loans

Student loans that were made, insured, or guaranteed by a governmental unit or made under a governmental funded program are not discharged in a Chapter 7 bankruptcy proceeding. However, in very narrow circumstances, a discharge may be possible if the debtor is able to show an extreme hardship on the debtor and the debtor’s dependents if the loan is not discharged.

4. Omitted Creditors

Any creditor not listed in the debtor’s schedules when he files for bankruptcy will not be discharged! If the debtor fails to list a creditor on his schedules so that the creditor does not receive notice of the bankruptcy filing, then that claim will be non dischargeable and the creditor can still collect during the bankruptcy proceeding and after. However, if the creditor has actual knowledge of the bankruptcy, despite lack of notice, the unlisted debt will be discharged.

5. Fraud

A debtor will be denied a discharge if, with the intent of filing for bankruptcy, the debtor maxes out his credit cards and withdraw cash advances to purchase luxury goods or services. If the debtor can show that the money has been used to purchase necessities, such as food, make rent payments, and/or pay utility bills, the debt may be dischargeable.

Mishiyeva Law- Bankruptcy Lawyer NYC 80 Wall Street New York, NY 10005 (646) 736-6328

Mishiyeva Law- Debt Lawyer Brooklyn 2625 E 13th Street Brooklyn. NY 11235 (347) 556-1843