Archive for December, 2008

SMALL NEW YORK ESTATES ARE LARGER

Tuesday, December 30th, 2008

The definition of a New York “small estate” has been increased from $20,000 to $30,000 or less, effective January 1, and 2009.

The settling of an estate is can be expensive and very difficult for the decedent’s family. The probate process can be very lengthy and emotionally draining.

The simplified procedure for small estates provides for a much faster and less costly method for the settlement of an estate. The probate process involves numerous precautionary measures to ensure the rights of the deceased and family members are protected.

Small estates of $30,000 or less do not need these precautions.

Posted in Buffalo NY Elder and Estate Law | 1 Comment »

NEW POOL SAFETY ACT

Tuesday, December 23rd, 2008

To prevent the deadly underwater entrapment of children caused by suction from pool drains, the Virginia Graeme Baker Pool and Spa Safety Act of 2007 regulating drains in public swimming pools went into effect on December 19, 2008.

Seasonal public pools and spas that are currently closed must be in compliance with the law on the day that they reopen in 2009.

The federal legislation requires public pools and spas to be equipped with anti-entrapment drain covers. Pools and spas with a single main drain must also be equipped with a device or system designed to prevent entrapment, such as a safety vacuum release system that provides a rapid release of vacuum created whenever it detects a blockage.

Failure of public pools in spas, health clubs, parks, hotels and apartment complexes to comply with the law could result in immediate closure of the pools.

The law, which will be enforced by the U.S. Consumer Product Safety Commission, was named after the 7-year-old girl who died in 2002 after the suction of a drain entrapped her under water.

Entrapment occurs when a child is pulled under water by a pool or hot tub’s filtration system. The suction, which can pull down a child’s body or a limb or hair, has 400 to 500 pounds of pressure. The drains can also cause disembowelment.

There were seventy-four reports of pool and spa entrapment’s of children from 1999 to 2007, according to the Consumer Product Safety Commission. Nine of those cases resulted in death. Children in the 5 to 9 year-old category had the highest frequency of entrapment.

Posted in Personal Injury and Accidents | 1 Comment »

SEVEN COSTLY MISTAKES TO AVOID WHEN PURCHASING RENTAL PROPERTY IN THE BUFFALO – WNY AREA

Wednesday, December 17th, 2008

If you are considering buying rental property, you must avoid these costly mistakes:

#1 Bad Location
The property should be in an area where the demand for rental housing exceeds the supply and there is access to public transportation, churches, schools and stores. This will ensure good rents and resale price.

#2 Failure to check utility costs
Under the New York Truth-in-Heating Law, sellers and landlords of residential buildings, including one and two-family residences, condominiums, cooperatives and apartments, must provide prospective buyers and tenants with a summary or a copy of heating and/or cooling bills for the preceding two years and a statement of the type and location of insulation installed by the owner and previous owners. Determine whether the utilities are separately metered.

#3 Zoning or building code violations
Determine whether the building and planned renovations conform to zoning ordinances, building codes, deed restrictions and loan requirements of the bank, VA or FHA. Also, inquire as to whether a certificate of occupancy is necessary.

#4 Assuming personal property stays with the real estate
The contract of sale should state what appliances, equipment, furnishings and other personal property are included with the sale.

#5 Defective or dangerous property
The contract of sale should contain a clause that the sale is contingent on a inspection by a professional inspector, licensed engineer or licensed architect. Ascertain whether the property contains lead paint, asbestos, mold or other hazardous materials.

#6 Assuming that there are no leases
The seller should be required to furnish copies of all leases, tenant applications and move-in/move-out checklists prior to closing. Since the purchaser will be bound by any leases between the seller and his or her tenants, the purchaser should study the terms of the lease very carefully for such items as the expiration date, rental amount, tenant’s right to sublet and whether the lease is renewable. If there are no leases, the contract should specify whether or not the units must be vacant at the time of closing, assurances that the seller will not enter into any new leases, the amounts of security or cleaning deposits, the names of the tenants and the monthly rent amounts.

#7 Expecting to close on the “closing date”.
The closing date stated in the contract is merely a target date, unless it is specified that “time is of the essence”.

Posted in Buffalo NY Landlord Legal Issues | No Comments »

NEW YORK BURIAL RIGHTS LAW

Monday, December 15th, 2008

New York State law allows you to control the disposition of your remains by designating a person to carry out your wishes.

Although you can state your wishes in your Will, the Will might not even be read or opened until after the funeral services.

The form for the appointment of an agent to make these decisions on your behalf should be kept in a safe place in your home with your other important decision-making papers, such as your durable power of attorney, health care proxy and living will.

The law gives you the ability to specify your wishes and give instructions to the agent. You are also able to indicate whether you have completed a Pre-Need Agreement with your funeral home.

If you do not designate an agent, the law names a hierarchy of people who have the right to control the disposition of your remains:

(a) surviving spouse
(b) surviving domestic partner
(c) any of the surviving children over 18 years old
(d) either of the surviving parents
(e) any of the surviving siblings over 18 years old
(f) a guardian appointed by the court or
(g) the fiduciary of the estate.

A simple hand written note is not sufficient. There are certain formalities that must be followed to comply with the law.

I recommend contacting an attorney for the preparation of an “Appointment of Agent to Control Disposition of Remains”.

Posted in Buffalo NY Elder and Estate Law | No Comments »

FREE BUFFALO AND WNY LEGAL SERVICES

Friday, December 12th, 2008

So you need legal assistance and can’t afford it?

Then here’s a list of WNY legal resources where the service they provide is at little or no cost.

Client Advocacy Service
(716) 886-1242

A public interest legal advocacy center providing civil legal representation to mental health clients 18 years and  older for Social Security Disability (SSD) benefits, Supplemental Security Income (SSI), Public Assistance, Medicaid & Food Stamps. Also provides legal information & advice to consumers, families and professionals.

Clinical Legal Education Program – Securities Clinic
www.law.buffalo.edu
(716) 645-2167

Representation of small investors.

Erie County Bar Association Volunteer Lawyers Project Inc.
www.eriebar.org/vlp.asp
(716) 847-0662.

Civil legal advice & representation by volunteer attorneys for low income individuals.  Legal advice & representation for non-profit groups assisting the poor, the elderly, the handicapped, the disabled, etc.

Legal Aid Bureau of Buffalo Inc
(716) 853-9555

Legal representation & advice on housing for City of Buffalo residents only; on family matters & consumer issues for all of Erie County; to juveniles in family court; to defendants on criminal matters in Buffalo City Court; and to persons convicted of felonies in Erie County.

Legal Services for the Elderly, Disabled or Disadvantaged of WNY Inc.
www.lsed.org (LSED)
(716) 853-3087

Legal services for problems with health care, social security, health care insurances (Medicare & Medicaid), Medicare Part D, nursing home & hospital issues, grandparents rights, protective services, mortgage foreclosures and predatory lending. Also handles housing problems such as tax foreclosures, housing violations, & tenant/landlord issues (City of Buffalo residents only).

Neighborhood Legal Services
www.nls.org (Legal Services)
(716) 847-0650

Handicapped rights, legal advice/representation to developmentally disabled & others. Family problems-child snatching, victims of domestic violence, housing problems-landlord/tenant, housing discrimination, public, etc. Entitlements-welfare, food stamps, Medicaid, SSI, utilities. PAMII – Protection Advocacy for Mentally Ill Individuals. Vocational rehabilitation – assistive technology issues.

New York Civil Liberties Union
(716) 852-4033

Provides public education, advocacy and legal counsel for those whose civil liberties have been violated by the government, legislators, or public officials, such as freedom of speech, freedom of religion, the right to demonstrate, equal protection & due process of law.

New York State – Mental Hygiene Legal Service
(716) 845-3650

Statutorily established to provide legal services & assistance to persons within the mental health and  mental retardation/developmental disability systems who are subjects of commitment, involuntary care & treatment, guardianship & substituted decision-making proceedings, as well as related advocacy.

Prisoners Legal Services of New York Buffalo Office
(716) 854-1007

Civil legal representation for indigent state inmates including disciplinary hearings, sentencing problems, jail time, civil rights & constitutional matters.

WNY Law Center Inc
www.wnylc.com
(716) 855-0203

Housing discrimination complaints, mortgage foreclosures and complaints about disability discrimination that are not in litigation.

Posted in Buffalo and WNY Free Legal Resources | No Comments »