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 …
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 …