8 Things You Should Have in Your Living Will

Rincker Law Estate Planning Leave a Comment

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 …

Share this Article

Health Care Proxy vs. Living Wills

Rincker Law Estate Planning Leave a Comment

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 …

Share this Article

Using Life Insurance as a Farm Estate Planning Tool

Rincker Law Estate Planning Leave a Comment

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 …

Share this Article

Using Wills and Revocable Living Trusts for your Farm’s Estate Plan

Rincker Law Estate Planning, Food & Ag Law Leave a Comment

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, …

Share this Article

7 Important Farm Succession Planning Factors

Rincker Law Food & Ag Law 1 Comment

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 …

Share this Article

NY Animal Law: Pet Ownership Case in Bronx

Rincker Law Animal Law 4 Comments

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 …

Share this Article

Upcoming Lawline CLE: Survey of Legal Issues Affecting Livestock Producers

Rincker Law Food & Ag Law, Seminars, Speaking Engagements, Webinars Leave a Comment

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 …

Share this Article

NY Family Law: Prenuptial Agreements, Bad Choices and Unconscionably

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

Share this Article

My “Ag Gag” Law Presentation Focusing on Preventative Practices for Farms

Rincker Law Animal Law, Food & Ag Law Leave a Comment

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 …

Share this Article

Save the Date: Ag Law Webinar Series at Lawline

Rincker Law Food & Ag Law, Rincker Law Events, Speaking Engagements, Webinars Leave a Comment

Save the dates for several upcoming agriculture law webinars at Lawline in Lower Manhattan.  I will be giving live presentations for those of you around New York City.  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) Survey of Legal Issues Affecting …

Share this Article

NY Family Law: Child Care Costs and Child Support

Rincker Law Family/Matrimonial Law 5 Comments

Parents have an obligation to support their children. In addition to basic child support, which is determined by a formula in accordance with the Child Support Standards Act, “add-ons” are other obligated expenses provided for in New York’s Domestic Relations Law, including unreimbursed health care (DRL 240 1-b(c)(5)(v)), child care (DRL 240 1-b(c)(4)) and educational expenses (DRL 240 1-b(c)(7)). Child …

Share this Article