Brenna Boyce PLLC Attorney at LawNew York Personal Injury Lawyer | Business & Estate Planning Law2024-02-18T17:20:22Zhttps://www.brennalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301621/2019/10/short-logo.pngOn Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=487012024-02-18T17:20:22Z2024-02-18T17:20:22ZWhat constitutes undue influence?
The term undue influence refers to scenarios in which one party uses their relationship with someone else to manipulate or control their decisions. For the purposes of estate planning, undue influence involves one party trying to manipulate the legacy decisions of another adult. Usually, the person manipulating the testator is in a position of trust or personal authority. Children, grandchildren and spouses could exert undue influence on someone. Professional caregivers who provide daily support for vulnerable adults could also potentially influence their estate plans.
How can families prove undue influence?
There are several key elements to a claim of undue influence pursued in the New York probate courts. The first involves establishing that the testator was somehow vulnerable. The second necessary factor for an undue influence claim is that someone was in a position to leverage authority or manipulate the testator. Finally, the person accused of undue influence typically needs to benefit from someone's estate plan.
The more records families have of someone's prior estate planning efforts and other unique family circumstances, the easier it may be to prove that an outside party inappropriately influenced the final terms set by a testator. Contesting a will based on allegations of undue influence may help family members uphold the decedent's true wishes.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=487002024-01-18T14:06:28Z2024-01-18T14:06:28Zcommon factors that contribute to semitruck crashes is important.
Trucker actions
A truck driver's actions are often a primary factor in semitruck crashes. Fatigue is a significant issue because truckers may be on the road for extended periods. Distracted driving, including using electronic devices, eating or contacting dispatch, is another common cause. Aggressive driving behaviors like speeding, tailgating and unsafe lane changes may also lead to wrecks.
Other driver actions
The actions of other drivers on the road can also contribute to crashes involving semitrucks. Unsafe maneuvers around semitrucks, like cutting them off or driving in their blind spots, can lead to collisions. Misjudging a truck's speed and distance and reckless driving behaviors near trucks also heightens the risk of crashes.
Loose cargo
Improperly secured cargo can lead to dangerous situations on the road. If cargo shifts or falls off a truck, it can create hazards for other vehicles. Proper cargo securement is essential to prevent these incidents.
Maintenance and equipment issues
Regular maintenance and proper functioning of truck equipment are crucial to prevent crashes. Regular inspections and maintenance are required to ensure all truck parts are in good working condition. Issues like brake failure, tire blowouts and malfunctioning lights or signals can lead to hazardous situations.
Trucking company policies
Trucking companies are required to follow strict regulations regarding vehicle maintenance, driver training and rest periods. If a company fails in these duties, it may be held accountable for crashes caused by its negligence.
Victims of crashes with semitrucks may be in a position to pursue a compensation claim to help cover the expenses of the wreck. This is a complex undertaking, so seeking legal guidance is generally wise.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486982023-12-15T14:01:01Z2023-12-15T14:01:01ZWhen you’ve been in a wreck that isn’t your fault, you have every reason to expect the other party’s insurance company to cover your losses.
On the other hand, you also need to expect the insurance company to do everything it can to cut its losses. No matter how friendly or sympathetic an insurance adjuster may seem, their entire job revolves around protecting the company’s assets – not paying claims fairly.
Shifting the liability
Broadly speaking, insurance company adjusters will usually try to shift the blame for either the wreck or any injuries back onto the victim as much as possible. That way, even when they cannot outright deny a claim, they can devalue it. Here are some of the most common tactics:
They may accuse you of not properly maintaining your vehicle. Expect the insurance company to try to blame you for everything from unresolved recall repairs to worn or underinflated tires. They may scrutinize your vehicle’s repair records for brake issues, issues with your lights and steering problems, as well.
You may be blamed for not wearing a seat belt.As of late 2020, all drivers and passengers in New York are required by law to buckle up when the car is in motion. If the other driver swears that you weren’t wearing your seatbelt when the accident happened, the insurance company may seize upon that to say that your injuries wouldn’t have occurred (or would have been greatly lessened) if you had obeyed the law.
They may attack your credibility. It’s not uncommon for an insurance adjuster to resort to twisting an injury victim's words to make it seem like they were guilty of distracted driving or weren’t even seriously injured and just looking for a payout.
What can you do to protect your interests? First, be conscious of the fact that you are under no obligation to give the other party’s insurance company a recorded statement – and you shouldn’t. In general, it’s always wisest to seek legal guidance and let someone else do the talking for you. ]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486972023-11-13T13:23:14Z2023-11-13T13:23:14Zsound mind and memory to put together wills and similar testamentary documents.
At what point can someone who previously had such authority lose the testamentary capacity to draft or update wills?
When they struggle with cognition or memory
The standard for testamentary capacity in New York is relatively straightforward. A testator needs to understand the documents they intend to sign and be aware of their personal circumstances. Generally, they need to have the ability to recall the names of their beneficiaries and family members and recognize the current status of their relationship with different people.
They also need to be able to remember what assets they own and understand how bequeathing them to different parties could affect their family members. Someone loses their testamentary capacity when health challenges impair their ability to understand the documents or recall their personal circumstances.
Family members raising a claim that someone lacked capacity when drafting their documents have to meet a burden is proof. Medical records showing specific symptoms or a concerning diagnosis can help. However, a diagnosis of Alzheimer's disease or a similar condition won't automatically mean that someone lacks testamentary capacity. Such conditions are typically progressive and start with mild symptoms. Individuals in the earliest stages of decline often still have the necessary capacity to put together documents. It is only when they become incapable of understanding their situation or recalling the details of their situation that they have likely lost their testamentary capacity.
Those attempting to contest a will based on allegations of a lack of capacity often need more than just a diagnosis. They need statements from family members who saw someone's confusion and inability to make decisions or testimony from care workers who had to help someone overcome the challenges that arose because of their cognitive decline or memory loss.
Those who worry that they will eventually become incapable of drafting or revising an estate plan may want to manage their wills and other documents as soon as possible. They can then adjust their documents as time passes to more accurately reflect their current holdings and family circumstances, for as long as they have the capacity to do so.
]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486962023-10-13T07:37:01Z2023-10-13T07:37:01Zinjury and death rates for construction workers remain relatively high when compared with most other private industries. Oftentimes, workers hurt on the job have grounds for a workers' compensation claim, but they may also sometimes have the option of pursuing civil litigation.
When an outside party is responsible for a construction injury, the injured worker or their surviving family members can potentially take the matter to court. Accordingly, these are a few common scenarios wherein a third party might be liable for a construction injury.
After an act of violence
Sometimes, there are intense emotions attached to a construction project. Local residents may resent what they view as gentrification, for example. Other times, someone under the influence of drugs or alcohol might wander into a construction site and then become aggressive when told to leave. In scenarios where someone intentionally injures a construction worker, the victim of that assault could potentially file a lawsuit against the person who hurt them.
After a vehicle-related incident
There are many ways in which motor vehicles could endanger the safety of construction workers. A drunk driver might strike the scaffolding supporting workers outside of a building. Someone distracted by their phone could back up into a trench, causing a cave-in that injures someone. When a construction site injury is the result of an outside party's poor driving, the injured worker may be in a position to make a claim against that person's car insurance or file a lawsuit against the driver.
When products at the site have defects
There are many products that are safety-critical for construction workers. From the harnesses that keep the workers on scaffolding safely to the power tools that they use on the job, products play a major role on the average construction site. Defective products that have bad components or faulty design elements can cause a broad range of different incidents and injuries. From electrocution to traumatic injuries and preventable falls, there are many types of injuries that could occur because of a defective product. Construction workers hurt by a product could potentially take legal action against the company that manufactured the product or the defective component in the product.
Given that workers' compensation largely prevents lawsuits against employers, looking into third-party liability might be one of the best options for those facing massive financial losses related to a construction site incident. Seeking legal guidance is a good way to get started.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486932023-09-10T23:40:02Z2023-09-10T23:40:02ZProbate usually takes more than half a year
Waiting for the courts to hear a case, securing and reviewing estate planning paperwork and even communicating with parties who have an interest in the estate can all be time-consuming endeavors. With rare exceptions for cases where there are undoubtedly sufficient resources to pay someone's responsibilities while still allocating assets to their beneficiaries, the final distribution of resources will usually need to wait until after the representative of the estate has fulfilled most of their financial responsibilities. One of the most pressing issues will be whether or not they submitted appropriate notice to creditors and then paid them.
Creditors in New York may have up to seven months to make a claim against the estate, and therefore most estates will delay the distribution of assets for at least seven months to ensure that creditors receive what they deserve. That way, the personal representative or executor will not end up accountable for any unpaid balances still owed by the estate. If a beneficiary or a creditor initiates litigation against the estate or attempts to remove the representative from their role, that may serve to further delay the final settlement of the estate and could also potentially diminish the value of the estate, as its resources may need to help cover the costs generated by litigation.
When beneficiaries anticipating an inheritance from an estate understand the likely timeline for the distribution of those assets, they may have an easier time staying patient. Ultimately, knowing what to expect from the estate administration process can reduce the likelihood of disruptions that could damage relationships and diminish what someone inherits.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486882023-08-09T01:11:00Z2023-08-09T01:11:00ZNegligence makes someone financially culpable for a crash
New York rules about traffic safety are very clear about the impact that negligence has on liability. Specifically, the state makes someone who does something negligent personally liable for the consequences of their choices in most cases where other people end up injured or dead.
A driver who does something unsafe, like texting at the wheel, may have to cover the costs generated by any collision that results from their unsafe habits. Car insurance will typically cover at least a portion of the expenses generated by a crash caused by someone's negligence. However, especially if someone suffers major injuries and cannot work, they may need more compensation than what insurance would provide. They may want to take action against the party at fault for the crash instead of using their own resources to cover their medical expenses or lost wages.
Provided that someone can show that negligence contributed to a crash either by demonstrating that someone violated traffic statutes or did something that the average driver would agree is unsafe, they can potentially seek additional compensation through the civil courts for the full financial impact of the crash. Unsafe behaviors like speeding or failing to use turn signals can lead to credible claims of negligence against a motorist.
Being able to identify negligence can potentially help those who deserve financial support following a car crash and who hope to hold another driver responsible for the wreck that caused their harm.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486872023-07-07T15:09:23Z2023-07-07T15:09:23ZArranging for direct transfer when someone dies
There are ways to have specific assets transferred directly to a beneficiary after someone's death. An individual can add a transfer on death designation to financial accounts so that won't a recipient can take direct control over the account without going through probate court first. It is also possible to change the title for real property so that it transfers to a co-tenant at the time of someone's death. Some people also have deeds executed to record after their death, although that method may trigger other forms of taxes, like capital gains taxes.
Moving assets to a trust
When someone has a diverse personal portfolio and wants to avoid taxes and minimize probate responsibilities as much as possible, they may decide that a trust is the ideal solution. People can fund a trust with all different kinds of assets, ranging from collectibles and personal property to businesses and real property. The assets in the trust are not in their name anymore, which means that they won't have to pass through probate court when they die. The testator can also retain some control over the utilization of those assets, such as putting restrictions on how much people can access at once or for what reasons they can withdraw trust assets.
Typically, people will need to perform a thorough review of their assets and family circumstances to determine the best solution for keeping their resources out of probate court in New York. Discussing one's estate planning goals, such as probate minimization, with a New York probate and estate planning attorney may help those with valuable resources arrange for the most hassle-free transfer of those assets after their death.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486862023-06-08T11:04:51Z2023-06-08T11:04:51ZThere are downsides
For all the benefits of automotive technology, there are some negative impacts as well. For example, experts warn that tech could make people a bit more careless while they drive. Someone who trusts their car to warn them when they drift out of their lane may not be as attentive behind the wheel, for example. Someone who is simply following directions on the GPS may not really pay attention to where they’re going or when they need to make a turn.
Additionally, some types of technology can actually be distracting. GPS is, once again, a good example. Even if it’s built into the dashboard of the car so that the driver doesn’t have to hold their phone, they still have to look away from the road to look at the screen. A driver who gets confused by the directions or the map on that screen could make a mistake and cause an accident that never would’ve happened if they were just watching the road.
Have you been injured?
It is still true that human error is the reason for most car accidents, so technology aims to reduce the number of crashes that occur by reducing those errors. But this isn’t a perfect science and mistakes are still going to happen, sometimes because of the technology itself. If you have been injured by another driver (or their vehicle’s technology), you can seek legal guidance at any time for information and assistance.]]>On Behalf of Brenna Boyce PLLC Attorney at Lawhttps://www.brennalaw.com/?p=486852023-05-09T13:49:37Z2023-05-09T13:49:37ZA remainderman clause
Even if someone is very thorough, they will likely have personal property that they don't include specifically in their will. Their family members may end up fighting with one another about what should happen with those personal possessions not explicitly addressed in the will or may get rid of valuable assets by mistake. Many people choose to include a clause that names a remainderman to receive the rest of their estate after the major assets go to specific beneficiaries. In some cases, testators leave instructions for the sale of those remaining assets so that their beneficiaries can share their value.
A no-contest clause
In New York, as in many other jurisdictions, probate court judges do frequently uphold no-contest clauses. Also called penalty or in terrorem clauses, no-contest clauses penalize beneficiaries or family members that challenge someone's estate plan. Stripping an individual of their inheritance is the most common penalty imposed in such clauses. They serve as a powerful deterrent to unnecessary challenges that would cause division in a family and consume estate resources.
The other special inclusions that someone may want to add to their estate plan will vary drastically depending on their family and financial circumstances. Seeking legal guidance and establishing clear legacy priorities can help people more effectively take the necessary estate planning steps to achieve their goals.
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