Sullivan County, New York Attorney

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Are you a resident of Sullivan County, NY? Are you in need of a attorney for purchasing or selling a property in Sullivan County, NY? The Law office of Ronald J. Salvato has been proudly offering services to Sullivan County NY residents and business nearly 20 years. The focus of the firm is on a thorough pre closing review, assessment and coordination of efforts with the Real Estate agents, Title Company, lender or bank and sellers attorney, to ensure as smooth a closing process as possible. See more about us.

If you are in need of a attorney for purchasing or selling a property in Sullivan County, NY contact The Law office of Ronald J. Salvato today to set up an appointment.

 


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Dutchess County, New York Attorney

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Are you a resident of Dutchess County, NY? Are you in need of a attorney for purchasing or selling a property in Dutchess County, NY? The Law office of Ronald J. Salvato has been proudly offering services to Dutchess County, NY residents and business nearly 20 years. The focus of the firm is on a thorough pre closing review, assessment and coordination of efforts with the Real Estate agents, Title Company, lender or bank and sellers attorney, to ensure as smooth a closing process as possible. See more about us.

If you are in need of a attorney for purchasing or selling a property in Dutchess County, NY contact The Law office of Ronald J. Salvato today to set up an appointment.

 


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Ulster County, NY Attorney

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Are you a resident of Ulster County, NY? Are you in need of a attorney for purchasing or selling a property in Ulster County, NY? The Law office of Ronald J. Salvato has been proudly offering services to Ulster County, NY residents and business nearly 20 years. The focus of the firm is on a thorough pre closing review, assessment and coordination of efforts with the Real Estate agents, Title Company, lender or bank and sellers attorney, to ensure as smooth a closing process as possible. See more about us.

If you are in need of a attorney for purchasing or selling a property in Ulster County, NY contact The Law office of Ronald J. Salvato today to set up an appointment.

 


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Orange County, New York Attorney

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Are you a resident of Orange County, NY? Are you in need of a attorney for purchasing or selling a property in Orange County, NY? The Law office of Ronald J. Salvato has been proudly offering services to Orange County NY residents and business nearly 20 years. The focus of the firm is on a thorough pre closing review, assessment and coordination of efforts with the Real Estate agents, Title Company, lender or bank and sellers attorney, to ensure as smooth a closing process as possible. See more about us.

If you are in need of a attorney for purchasing or selling a property in Orange County, NY contact The Law office of Ronald J. Salvato today to set up an appointment.

 


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Breach of Contract Attorney Orange County NY

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Breach of Contract Attorney

Do you have a contract dispute? If you feel you might be in breach of contract or another party may be in breach of one of your contracts, make sure you are protected by contacting our office today.

Our consultation service can review the contract in question and give you sound legal advice on how to proceed. Whether you need help assisting in the enforcement of a contract or are being accused of a breach of contract, we can help.

Contact our office today to discuss your situation further. Please fill out the form below or give us a call at (845) 294-4462.

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Starting a business in Orange County, New York

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Starting a business can be tricky and at times very tedious work. From all the paper work involved, to all the number crunching it is important to have an attorney by your side so all the processes are completed properly, ensuring no future problems.

When it comes to starting a business in Orange County, New York,  you need to remember that everything must be kept on record. In order to start your company you will first need to think of a name for your company.

When it comes to choosing a name, this is usually the most difficult part. You need to create a name that describes your company, but at the same time stands out and is easy to remember. Once you choose a name for your company you can go to your Orange County, New York tax office, or any local office and get your DBA. Your DBA (Doing business as) is what you need in order to tell the state your doing business, and what your business name will be.

The office will provide you with record to make sure the name you want isn’t already taken so make sure to have a few names in mind.

Once you receive your DBA you can no go on to receiving your tax ID number. If you have an attorney helping you along the way, which is recommended he 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 much money when taxes are due.

By getting an attorney to assist you in your paper is a great advantage. In the long run the attorney will end up saving you more money then you could possibly do on your own. They’ll be able to find all the deductions and loopholes you missed because this is what they study, and do research on. For a stable company, an attorney has a small price to pay in the long run, especially when the savings will pay for his services in the end.

New York Laws Regarding Wills

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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

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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.

Dying Without A Will In New York

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New York, like other states in the nation, has a set of laws that apply to the situation where a person dies without a will.  This is known as the person dying intestate.  These intestacy laws are the rules and procedures for determining how to distribute the assets and property of the deceased when there is no will available.

The legal consequences of dying without a will can depend on a number of things including, how much property and assets the deceased had at the time of his or her passing and whether or not he or she has a surviving spouse and/or children.

While the New York rules for distribution will need to be applied to each case individually, the general rules are as follows:

  • If there is a surviving spouse and children, then the spouse will get fifty thousand dollars and one-half of the estate, while the children will receive the balance. 
  • If there is a surviving spouse and no children, the spouse will get all of the assets and property. 
  • If there are surviving children but no spouse, then the estate is divided between the children equally by representation.
  • If there is one or more surviving parent, but no spouse and no children, then the estate is given to parent or parents.
  • If the deceased has no surviving spouse, no children and no parents, then the estate is divided between any surviving siblings, by representation.
  • If there are no parents, children, spouse or siblings, but there are surviving grandparents and aunts and uncles, then half goes to the paternal grandparents or if they are not alive then to any of their children in by representation.  The other half will go to the maternal grandparents, unless they are not living then to any of their surviving children by representation. 

Under New York law half blood relatives are treated as if they were whole blood relatives and if a child was conceived before person dies but is born after, they will be treated as if they had been born in his or her lifetime.  You should also realize that before distribution can take place, reasonable debts of the deceased, costs of intestate administration and reasonable funeral expenses will be deducted from the estate.

Administering an estate without a will can be confusing without the help of an experienced estate attorney.  The best way to understand how these New York intestacy laws will apply to the estate of a person who has died is to consult a legal professional.  An estate lawyer can help you determine whether or not legal proceedings are necessary and can guide you through other matters that will need to be handled as part of the intestate administration.

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