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 …
Using Life Insurance as a Farm Estate Planning Tool
Life insurance is a way to increase an estate’s value just by paying a monthly premium. In the case of a farm, the life insurance can be taken out by the parent, or by a child on the life of a parent. This can help alleviate complications that can arise if certain children wish to take over the farm and …
Using Wills and Revocable Living Trusts for your Farm’s Estate Plan
Last week’s blog post focused on succession planning– this post will focus on farm estate planning by using wills and trusts (both equally important and can be easily confused). Let’s first look at the advantages and disadvantages of a will. A big advantage of a will is that it can be changed or revoked until the testator loses capacity to make, change, …
7 Important Farm Succession Planning Factors
Farmland is an important asset that should not be forgotten during estate or business planning. Even if farms will be passed down to future generations, estate planning should ensure that the parents are well taken care of for the remainder of their lives; provide for distribution of assets to descendants or other groups, individuals, or charities. Farm succession planning is …
NY Animal Law: Pet Ownership Case in Bronx
As a follow up to my first blog about pet custody/ownership, I wanted to discuss a recent case from the Bronx Civil Court, Ramseur v. Askins, 44 Misc.3d (Civil Court Bronx, 2014), an action for replevin of a shih tzu named Deva. The court’s decision mimics the general standard for pet custody cases in New York: the best interest for …
Upcoming Lawline CLE: Survey of Legal Issues Affecting Livestock Producers
I will be giving a 1 hour presentation via Lawline on Wednesday, May 6, 2015 from 2:30pm to 3:30pm as part of its Food, Beverage and Agriculture Law event May 4-6, 2015. There will be a live broadcast during my presentation. If you are in NYC, you can also watch the presentation live at Lawline, located at 61 Broadway (between …
NY Family Law: Prenuptial Agreements, Bad Choices and Unconscionably
If you are making a bad decision, does that automatically mean that it was not a meaningful decision? The Court in Barocas v. Barocas, 94 A.D.3d 551 (1st Dept. 2012) sure thought not. Arguing that the prenuptial agreement is unconscionable is a way to have the agreement declared invalid. In Barocas, the parties disclosed all of their assets and the …
My “Ag Gag” Law Presentation Focusing on Preventative Practices for Farms
I had the opportunity to speak on “Ag Gag” Legislation this past week before the New York State Bar Association’s Committee on Animals and the Law. My presentation focused on procedures for farms to help prevent a problem with undercover surveillance from employees. You can view my presentation below and my handout giving an overview of the laws here. [slideshare id=46222274&doc=aggag-150324092612-conversion-gate01] Share …