New York Laws Regarding Wills

Filed Under Estate Administration, Per Diem Legal Services · Tagged:  

When it comes to laws regarding wills, every state has their own requirements as to what is legally acceptable.  These laws are designed to protect their citizens from being taken advantage of when they are older or ill.

In New York, you have to be legally capable, which means you have to be at least 18 years old, of sound mind and memory, and you also must be making the will of your own choice and not be being forced by someone else. If any of these circumstances are not met, then the will is not legally binding.  Now, if the will is handwritten, which in these days is pretty rare, then two disinterested people must certify that the handwriting is actually the right person’s.  If the will is typed then the only handwritten part allowed is the signatures.  This makes sense as this helps guarantee that there are not unauthorized changes made to the will by one or more unscrupulous beneficiaries.  You can even have an oral will, although the requirements are very strict with that, naturally.  Basically you can only have an oral will if you are in the armed forces during a time of armed conflict and three witnesses need to testify that they heard the will being said.  Obviously, for most people, that is not going to ever come into play.

New York law also allows trusts to be set up through a will.  A trust is a legal construct that allows a surrogate, someone who the deceased person trusted to act as they would have, to distribute the money and take care of property as the deceased would have wanted it handled.  This can be a lawyer but most often it is one member of the family who then legally has certain responsibilities.

Once you die, there is then a legal process called probate which is carried out in the county of your residence, no matter where you actually died.  This process allows the debts to be paid and all the assets transferred to the people and beneficiaries you wanted it to go to.  The people who survived you have to initiate the process with presenting your will in court and then eventually settle your estate once all the matters are taken care of in the correct legal way.

Contact the Law Offices of Ronald J. Salvato to help you with any will administration needs you have.

New York Power Of Attorney

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The power of attorney is an important grant and document in the modern set of legal instruments.  It addresses the problem of allowing one person to act in the name of another.  The concept begins with the idea that each person is legally responsible to make their own decisions and in general no other person possesses that power.  This addresses the human tendency and perception that when one person becomes very familiar with another, they begin to presume the right of decision making for that other person.   The law says that this is never the case.  Thus, a wife that says she should be able to decide what happens with a vehicle that is in her husband’s name only, does not actually have that right.  In her mind, it may make sense that it be so; after all they are married.  The husband may even agree with her.  But the law does not.  That same wife may say that at least she is allowed to make decisions for her children, but if they are of adult age, that isn’t so either.  In general, there is no relationship that implicitly grants one person those rights of decision for another.

This is problematic for logistical reasons.  Perhaps the husband from the previous example has now had a car accident and is in a coma.  The doctors want to prolong his life, but his wife knows that her husband would want them to take him off the machines.  However, she cannot legally make that decision, and the husband has no way (short of other legal instruments such as a living will) of making his wishes known.  In fact, before the car accident, he wants to let his wife have that power.  (And he wants to let her have her way with his vehicles as well.)  This is where the power of attorney comes in.  This is a document which grants specific rights to another person that otherwise would be limited solely to the primary person.  It has been used in both of the previous examples: to allow a spouse to dispose of her husband’s property or to make decisions in the absence of the husband’s ability to speak for himself.

It is not hard to imagine that a power of attorney is a very powerful instrument.  Granting another person your legal rights is serious business.  If you execute a power of attorney, you will have no legal recourse if the person you granted power does something you didn’t want them to do.  For this reason, these documents should be executed by a power of attorney lawyer.  Any New York power of attorney should not be drawn up until the primary person understands all the ramifications of such a document.

Contact the Law Offices of Ronald J. Salvato to help you with any power of attorney needs you have.

Business Contracts

Filed Under Business Law, Per Diem Legal Services · Tagged:  

The term contract law is familiar to most people, but the common uses of contracts in everyday transactions are not as clearly understood.  Contract law was implemented in order to provide an orderly, controlled, and enforceable way for two parties to conduct a business transaction.  Originally, contracts were designed for products, but today they also include services and other “performances” (agreed up actions for compensation).  By the end of its lifetime, a contract is either fulfilled or breached.  When a contract is fulfilled, then both parties have satisfied the terms of their contract with respect to the other person.  During that lifetime, the contract serves as a template and a checklist for the performance of the one party and the compensation given by the other, in way that can always delineate to either of the participants or to a third party exactly what terms were agreed upon.  If a contract is breached, then it changes from a set of instructions to a set of liabilities against the failed party.  If the contract is properly executed, then the breach may be addressed in court and the expectations that have been breached can then become enforced by the court.  At that point, the contract is replaced by a court order, and a breach of the order will carry criminal liabilities.

Some common uses of contracts are car loans, house loans, and rental agreements.  It works in the favor of anyone to learn enough about basic contracts to find out what their legal commitments are when they enter into any of these agreements.  Some people blithely sign contracts, and then when they find themselves in court on an unfair breach suit, they try to appeal to the court that “the contract just isn’t fair”.  They then find to their dismay that the court is not there to determine right or wrong, fair or unfair, but to determine the legality and enforceability of the contract.  The fairness of the agreement is always left to person who signs his name and the responsibility and consequences of the agreement are solely in the hands of the person who accepts the contract.  This yields two important rules of thumb: understand the basics of contract law and the specifics of any contract presented and second, don’t sign anything until you do.  The signature is the binding point.  Before the signature, you are still free.  After the signature, you are stuck.

Once you learn a bit about contract law, you will recognize their use in all sorts of areas.  These include business contracts, service contracts, small businesses contracts, and business agreements.  Each of these is used to help specify and guarantee the performance between two parties.

Contact the Law Offices of Ronald J. Salvato to help you with any contractual needs you have.

Starting a business in Orange County, New York

Filed Under Business Law, Per Diem Legal Services · Tagged:  

Starting a business can be challenging and at times involve very tedious work. From all the paperwork involved, to all the number crunching it is important to have a qualified attorney by your side so all the processes are completed properly, ensuring no future problems and preventing future costly legal issues.

When it comes to starting a business in Orange County, New York, you need to remember that everything must be kept on record.  This means filing the appropriate paperwork (Articles of Incorporation, Articles of Organization, etc.) with New York State or with the Orange County, NY county clerk's office (in the case of a DBA).  If there are partners involved, it involves setting up a thorough operating agreement document that could literally save your company, your friendships and relationships, and even prevent you from falling into financial ruin in the future.

There are also legal hurdles that you'll need to consider when starting a business.  A couple such legal hurdles include selecting a name for your company and coming up with a company logo while making sure that neither infringe upon anyone else's legal rights.  In fact, choosing a name for your new company can be one of the most challenging parts of starting a business. You need to create a name that describes your company, but at the same time stands out and is easy to remember.  There are also appropriate legal checks that must be done to help determine if that name is available for you to use without running the risk of being sued.

A business attorney will also help you in deciding which legal entity is most appropriate for you given your current business and personal circumstances.  There are important differences between an s-corporation, a c-corporation, LLCs, partnerships and sole proprietorships.  One of the most popular forms of business is the sole proprietorship, or a business in which there is only one owner who personally accepts all legal and financial liability for the company.  In Orange County, New York starting a business is fairly straightforward for the sole proprietorship and the filing fees are minimal compared to other business forms.  However, make sure to check with an attorney to make sure you are not setting yourself up for legal danger by doing so.

If you are forming a sole proprietorship you will file a document referred to as a "DBA" which stands for "doing business as".  So, for example, you might be John Smith doing business as Widget World.  Once you've  filed your business with the appropriate government departments whether in Orange County, NY or with New York State, you can now go on to receiving your tax ID number. If you have a business attorney helping you along the way, which is recommended, they will be able to use this number to set up your business accounts for you. Using these tax numbers and your accounts properly can lead to your company saving significant sums of money when taxes are due so be sure to use a qualified business attorney that understands business law.

Getting an attorney to assist you with forming your agreements and filing all of your paperwork is a great advantage. In the long run the attorney will end up saving you more money then you could on your own and will more than pay for themselves. Do yourself a favor and contact us today to discuss how we can help you set up your business properly.

What’s A Power of Attorney?

Filed Under Per Diem Legal Services · Tagged:  

You are sick with a chronic health condition. You have been told by a number of people that you should create a Power of Attorney. But you have no idea what a Power of Attorney is. A Power of Attorney is a document authorizing another person to act on your behalf. The person who actually signs the power of attorney is called the Principal.  The one who gets the legal authority over the other person is called the Agent or Attorney-in-Fact.  The agent can make property, financial and other legal decisions on behalf of the principal. In order for it to be valid, you must be mentally competent when signing Power of Attorney.

The three types of power of attorney are nondurable, durable and springing.  The differences are as follows:

  • “Nondurable” is used often for transactions like the closing on a home or handling the Principal’s financial affairs, accounts, etc. while the Principal is traveling outside the country and isn’t able to.
  • “Durable” gives power to the Agent to act on the Principal’s behalf even after the Principal is no longer mentally capable or physically able to make decisions for themselves.  This power of attorney is in effect until it’s taken away by the Principal or until the death of the Principal.
  • “Springing” power of attorney comes into effect later in time, not immediately.  It “spring up” after a certain event happens, for example, if the Principal can longer act on their own will or if they have some kind of mental issue that hinders their decisions making. 

How do you get power of attorney now that you know what it is?  First of all, as far as New York goes, you need to have it in writing.  You don’t have to write it yourself, but it has to be written.  The best suggestion would be a lawyer who specializes in writing them, so that way you are sure you are getting proper documentation.

Next, you must name the parties who are involved (Principal and Agent).  You must write down all the names of those involved.  Then, it has to be dated and signed.  Both the Principal and Agent must sign the document.  You must have permission by the Principal to put their signature; it cannot be forged or used without their knowledge, since this is illegal and you will end up in jail. 

The last few things that need to be done are the terms of durability and the list of powers.  New York law assumes that all powers are durable unless you state that they aren’t. So if this isn’t what you want, and you want the powers to terminate when the Principal is incapacitated, then you must write that in.  The powers listed are either limited or general, which you also need to specify in the power of attorney.

Are you in need of an attorney to set up your power of attorney in or around Orange County, NY?  Give our law offices a call today.  We serve the following areas:  Hudson Valley, NY including Orange County, Sullivan County, Dutchess County, and Ulster County.

Why Choose Per Diem Attorney in Orange County, NY over a Full Time Associate?

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Why Choose Per Diem Attorney in Orange County, NY over Full Time Associate?

 

Per diem in Latin means ‘per day’. Per diem legal services, therefore, refer to per day legal services that are available temporarily and can be availed from time to time or as when the need arises.  If you are based in Orange County, NY and require an ad hoc legal assistance, it is advisable to go for a per diem attorney who can take care of your legal issues instantly and charge you a nominal fee as per the number of hours spent in a day.

 

There are several benefits that make per diem attorney a preferred choice as compared to full time legal solicitors or associates. Let us delve into some of these advantages of hiring a per diem attorney:

 

Paying only for the per diem legal services that you need and when you need them is the biggest advantage of seeking the assistance of a per diem attorney in Orange County, NY. Since a per diem attorney works on a per day basis, he is bound to pay complete attention to your particular legal requirement and ensure that all desired legalities are successfully wrapped up within a prescribed deadline. In other words, a per diem attorney in Orange County, NY not only saves you a considerable amount of time but also an exorbitant amount of money. As against this, if you hire a full time associate instead of a per diem attorney in Orange County, NY, you will be bound to pay him irrespective of any work that you get done.

 

A per diem attorney in Orange County, NY provides instant and efficient legal assistance and solutions. Since the services of a per diem attorney in Orange County, NY are time bound, he will ensure that your legal issues are resolved at the earliest. On the other hand, a full time associate might take longer to solve a case of a legal nature compared to a per diem attorney in Orange County, NY.

 

A per diem attorney is an expert in all matters that are of a legal nature. Therefore, whether you are looking for an attorney in Orange County, NY for a civil litigation case or to do all the mind-numbing and complex legal paperwork, you can leave the onus of the job on a per diem attorney in Orange County, NY. A per diem attorney typically tends to one case at a time and is therefore able to give his complete attention to it in order to ensure timely closure of the legal cases. On the other hand, a full time legal associate might be involved in several simultaneous cases, all at once, and might not be able to devote his attention or time to guarantee on-time closure of your particular case.

 

Thus, hiring a per diem attorney in Orange County, NY is a great solution for all your temporary legal requirements. Per diem legal services save you time, efforts and money.

 

By hiring the per diem legal services of Ronald J. Salvato, you can have a per diem attorney with over twenty years of experience to take care of all your legal requirements – from preparing complaints, answers and third party complaints to discovery demands, discovery responses, motions to dismiss and motions for summary judgment, etc. the Law Office of Ronal J. Salvato is reputed for offering per diem legal services in Orange County, NY. The per diem legal services offered at this law house ensure that the billing is flexible with very nominal hourly rates. Besides Orange County, NY, Robert J. Salvato also provides per diem legal services to his clients based in Ulster, Sullivan, Dutchess and Putnam counties.

 

For more information, please browse through the website or click here to go to the home page.

Characteristics of a Good Per Diem Attorney

Filed Under Per Diem Legal Services · Tagged:  

By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney

You may hire a per diem attorney for several reasons – to get legal expertise, advice and assistance on an ad hoc requirement and to save your time, energy and money in hiring a full time lawyer for the purpose. However, before you hire a per diem attorney in Orange County, NY, it is imperative to check for a few essential traits that are discussed below:

Qualifications and certifications: A per diem attorney in Orange County, NY must possess an active license as an Attorney-at-Law to qualify for the position and the job. Additionally, a per diem attorney must be able to furnish a certificate of good standing. Membership of the NY Bar Council is also a key requirement for someone to work as a per diem attorney in Orange County, NY.

Knowledge and experience: Before seeking the services of a per diem attorney, you must ensure that they are very familiar with the state court rules of all civil procedures in order to make court appearances. A per diem attorney in Orange County, NY should have some experience of attending motion hearings and representing plaintiffs in arbitration and at trials in the DJ courts and at the Court of Common Pleas. They should be able to handle court calls, depositions and briefs also.

Commitment to timeline: Since the work of a per diem attorney in Orange County, NY is quite temporary, it is important that the per diem legal services provided by an attorney are prompt, effective and within the timelines desired by the clients. This helps clients to pay a justifiable amount as a fee against the number of hours spent by a per diem attorney on their particular case. Therefore, while choosing a per diem attorney for your specific legal formalities or requirements, always hire the one who is reputed for timeliness of services.

Excellent communication skills: To be able to represent his client effectively, a per diem attorney must have excellent communication skills, backed by superb logical ability, strategizing power and the power of analysis. These factors form essential traits of a good and successful per diem attorney and can also make them very trustworthy.

Nominal fees:  Typically, a per diem attorney in Orange County, NY charges on an hourly basis. However, in some cases, they might offer  their per diem legal services at a flat fee. It is important to go for a per diem attorney who promises to provide their per dime legal services at flexible rates that do not pinch your pocket.

Your search for a good per diem attorney in Orange County, NY ends at The Law Office of Ronald J. Salvato. With over twenty years of practice in corporate law, real estate law and civil litigation, Mr. Salvato offers competent and cost effective per diem legal services in Orange County, NY. Some of the per diem legal services offered by him are litigation of contract disputes, resolving personal injury cases, and preparation of wills, estate planning, trusts, power of attorney, landlord tenant disputes, etc. Browse the website for more information on the per diem legal services provided by him in the greater Hudson Valley including Sullivan, Dutchess and Ulster Counties, or click here to go back to the home page.

Services Offered by a Per Diem Attorney in Orange County, NY

Filed Under Per Diem Legal Services · Tagged:  

By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney

There are several factors that lead people to seek the services of a per diem attorney in Orange County, NY. Per diem legal services not only help to provide instant and robust solutions to cases of a legal nature but also lead to considerable savings both in terms of time and money. Besides individuals with little or no knowledge of legal matters, a per diem attorney can also be hired by big firms, both legal and general, for assistance in legalities or concerns that might arise on an ad-hoc or temporary basis.

To understand the work of a per diem attorney in Orange County, NY let's look at the various per diem legal services that they can offer:

A per diem attorney in Orange County New York can help you meet your court deadlines at a fraction of the total expenditure you would otherwise incur on a full time lawyer. A per diem attorney in Orange County, NY can be present in a court for a hearing on your behalf. Usually, too much work pressure may get in your way of accepting more work orders. This is where a per diem attorney comes into the picture. If you own a big firm and manage a lot of work and have no time to handle any more business, you can still increase your income by hiring a per diem attorney. With the help of a per diem attorney you can have all important files receive all the attention they require, thus stopping your billable hours from going out of the window.

If you are facing troubles in preparing your files properly for arbitration or a trial and do not have a lot of knowledge about the job, you can always hire a per diem attorney to handle it. Additionally, if you have been neglecting some files or paperwork due to lack of time, you can seek the services of a per diem attorney in Orange County, NY and get the work done in no time.

A per diem attorney can also help you draft demand packages, discovery demands in a civil case and pleadings and write briefs whenever required. If you wish to take an appeal of a trial court decision, t\you can delegate a per diem attorney to do the job on your behalf. Moreover, a per diem attorney in Orange County, NY cam also help you prepare detailed discover demands for the services on a party opponent, or get a motion to dismiss or summary the judgement motion filed.

Thus, a per diem attorney always acts as an extra set of competent hands for big legal and non legal firms that require expert per diem legal services and an economical legal service provider to individuals seeking legal assistance.  

The Law Office of Ronald J. Salvatois a renowned legal firm that provides per diem legal services to its individual and corporate clients in Orange County, New York. This law firm is renowned for its timely, effective and economical per diem legal services with Mr. Salvato himself possessing extensive knowledge and experience in corporate law, real estate law and civil litigation. For more information please browse the website or click here to go to the home page.