Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982). Best interest of the child factors are not contained in any statute, but are established through case law. These factors include: (1) The parent who has been the primary caretaker; (2) The …
How are Executors to a Will Compensated in New York?
An executor is someone appointed by the decedent to carry out the instructions per the will and administer the estate (the balance of the decedent’s property as of his or her death). An executor’s duties include: 1. Having the will probated. Probate is the process by which the surrogate’s court determines if a will is valid. To make a valid …
Upcoming Ag Law Webinars at Lawline
Save the dates for several upcoming agriculture law webinars at Lawline in Lower Manhattan. I will be giving live presentations available via webcast. The recordings can be viewed afterwards. Each are 1 hour presentations worth 1 Continuing Legal Education (“CLE”) credit in New York (CLE credits available in other states) Overview of Farm Leases– July 16, 2015 from 3:30pm to …
New York Family Law: Relocation and Tropea Factors
Under New York law, a parent can relocate outside of New York only with a court order or agreement by the other parent, but it must be in the best interest of the child and cannot inhibit the other parent from having parenting time, assuming he or she has visitation rights. Tropea v. Tropea, 87 N.Y.2d 727 (1996) is the …
New York Family Law: The UCCJEA and Home State Jurisdiction
The Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”) is adopted in all states in the U.S. and concerns jurisdiction of child custody matters. The UCCJEA provides that States must enforce custody and visitation orders from other courts, including foreign country courts. The UCCJEA also clarifies who has jurisdiction over custody cases. Under the UCCJEA, there are four bases …
Ask Cari: How are “Agents” to my “Power of Attorney” Compensated in New York?
Dear Cari, I have a New York Power of Attorney. It states that my “Agent” can have reasonable compensation. What does this mean? Miss C Miss C – In New York, an agent appointed in a Power of Attorney is entitled to reimbursement for reasonable expenses incurred on the principal’s behalf (you are the “principal”, Miss C). If a …
Pace Law School’s Environmental Law Program’s Video
I graduated from Pace Law School with a Certificate of Environmental Law. Here I am part of the recruitment video for the renown Environmental Law Program at Pace University, School of Law speaking about my food and agriculture law practice. Proud to be an alumni of the program! Share this Article
My Article on New York Livestock Animal Cruelty Law
My article on “New York Livestock Animal Cruelty Law: What if a Non-Police Officer Comes Knocking?” was published in the May 2015 issue of Grassroots newspaper published by New York Farm Bureau. You can find the article on pages 20 and 25 here. The article gives a brief overview of New York farm animal cruelty law, gives a checklist for …
What Happens to my Digital Life When I Die?
The procedures for what happens to one’s estate when the person dies are well established. However, what happens to one’s digital lives (emails, Facebook accounts, Twitter, Instagram, Pinterist, blogging, Flickr photos) is not yet clearly established. Many people rely on the service providers’ terms of use regarding death. However, many states are working towards establishing codified procedures governing digital assets …
8 Things You Should Have in Your Living Will
If you have made a Living Will already, you have probably provided your wishes regarding artificial nutrition or hydration, CPR, and your views on organ donation. However, there are many other specific types of treatment that may not be in your Living Will, but should be. If you have not created a Living Will, or wish to revoke an old …
Health Care Proxy vs. Living Wills
Most people think a Health Care Proxy and Living Will are the same thing and you only need to create one. In New York, a Living Will is not a legal document, but it is still best to have these two documents drafted so that they can be interpreted in conjunction with each other. The best advice I can give …