Practice Area: Trusts & Estates Law

How Child Support Complicates Benefits for Adult Developmentally Disabled Children

Receiving and distributing child support for developmentally disabled children is complicated. And it gets more complicated as a child ages into adulthood, changing their eligibility for benefits. The New York State Bar Association’s Family Law, Elder Law & Special Needs and Trusts & Estates Law sections hosted a continuing legal education course to discuss this … Continued

New York’s New Power of Attorney Law: An Update

It’s been two years since New York’s new power of attorney law went into effect, and it’s time for a look at how it is performing under changes that were based on a proposal by the New York State Bar Association. Legislation to amend the Power of Attorney law passed the New York State Assembly … Continued

Protecting Same-Sex Marriage After Dobbs

After Dobbs v. Jackson Women’s Health Organization took away the constitutional right to abortion, could same-sex marriage be next? When the Dobbs decision was released last year, the majority opinion said it was because abortion is not specifically named in the constitution nor “deeply rooted” in the history of the United States. On that day, … Continued

New York State Bar Association Wants New Rules for In-Person Notarization Repealed

The New York State Bar Association is recommending that the new record-keeping rules for in-person notarizations be repealed, arguing they are unworkable and will have a negative impact on attorneys and clients alike. “The record keeping and record retention regulations are superfluous for attorneys,” said Sherry Levin Wallach, president of the New York State Bar … Continued

Remote Notarization: What Lawyers and Notaries Need to Know

The New York State Bar Association has formed a task force to study the state’s new rules on notarization, which are having a significant impact on lawyers handling real estate transactions, wills and trusts and all other legal matters that require signing documents. While the task force members deliberate, the association is doing everything it … Continued

Law on Electronic Notary Services Goes Into Effect Feb. 1

A new law, NY Executive Law Section 135-c, authorizes notaries to perform electronic notarial acts by registering with the Department of State and complying with new rules. Notaries wishing to provide electronic notary services will be able to register with the Department of State starting on Feb. 1. After Jan. 31, New York State will no … Continued