Author Archives Weinstein

Planning for the Disabled: Supplemental Needs Trusts

Posted by Weinstein in Blog, Estate Law, Family Law with Comments Off on Planning for the Disabled: Supplemental Needs Trusts

Wills, Trusts and Planning for those with Special Needs WHO NEEDS A WILL? Anyone who is married, has children, and does not want their estate administered by the pre-set laws of the state. If you do not have a will, your assets will pass as dictated by law, which may not necessarily be how you […]

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Health Insurance and Your Children

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on Health Insurance and Your Children

Extending Health Insurance for Children in New York On June 29, 2009, Governor Paterson signed legislation which allows children to remain or obtain coverage under their parents’ health insurance through age 29. Eligibility for health insurance benefits under New York’s “Age 29” law requires that the child be unmarried, not insured or elig...

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Think it’s easy to divide property at divorce? Think again

Posted by Weinstein in Blog, Divorce, Family Law with Comments Off on Think it’s easy to divide property at divorce? Think again

Some people think they can handle a divorce on their own, especially if they don’t have children (or they have grown children) and they’re not fighting bitterly. It sounds easy – you know what you and your spouse own, and you can figure out how to split it. Right? In trying to end a marriage […]

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Always read before you sign!

Posted by Weinstein in Blog, Business and Corporate Law, Divorce, Taxes with Comments Off on Always read before you sign!

Always read documents before you sign them – and if there’s something you don’t understand, ask an attorney. Never just sign something because your spouse hands it to you. Otherwise you might be signing away important rights. Always read documents before you sign them – and if there’s something you don’t understand, ask an attorney. [&h...

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Live-in partner walks away with nothing

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Estate Law, Family Law with Comments Off on Live-in partner walks away with nothing

A New York couple never married, but they dated for 13 years, lived together and had a daughter. During that time, the man purchased property in Manhattan and in the Hamptons, and told the woman that the places were “their” homes. The woman claimed the man referred to the properties as “theirs” and to her […]

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Don’t look a gift Porsche in the mouth…

Posted by Weinstein in Blog, Business and Corporate Law, Divorce, Divorce Mediation & Collaborative Law, Estate Law, Family Law with Comments Off on Don’t look a gift Porsche in the mouth…

Some states, such as California, are “community property” states where married couples share an equal and undivided interest in almost everything they acquire during the marriage, except for gifts. This led to an interesting divorce case over who owned a sports car that a wife had arguably given her husband as a gift. While the […]

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Voluntary retirement didn’t terminate alimony

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Estate Law, Family Law with Comments Off on Voluntary retirement didn’t terminate alimony

If you’re thinking about retiring, don’t just assume that your alimony will end when you do so. You’ll want to discuss this with an attorney to make sure you know your rights, and obligations. The highest court in Massachusetts recently held that voluntary retirement doesn’t necessarily mean that the obligation to pay alimony ends – [&hel...

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The court denies a mother’s request to relocate with the child

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on The court denies a mother’s request to relocate with the child

In Matter of Cadet v Lamour, 86 A.D.3d 538 (2011) the mother wanted to move with the child from Brooklyn to Newburgh. The court denied her request and awarded custody to the father, finding that the mother had interfered with the father’s visitation, failed to inform him of important matters regarding the child, (such as […]

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Divorce Grounds and Residency Requirements in NY

Posted by Weinstein in Blog, Divorce, Family Law with Comments Off on Divorce Grounds and Residency Requirements in NY

Residency Requirements and Grounds for Divorce To file for a divorce in New York: You must have been married in New York and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or You and your spouse must have lived together in New York, […]

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2011 Estate and Gift Tax Update

Posted by Weinstein in Blog, Estate Law, Taxes with Comments Off on 2011 Estate and Gift Tax Update

The Tax Relief Act of 2010, passed by Congress in the waning days of the December, 2010, increased the federal estate tax exemption to $5,000,000. However, an equally significant aspect of the new law is the unification of the federal gift and estate tax exemptions. Both exemptions will now be $5,000,000 in 2011, with an […]

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Michael Weinstein - Attorney at Law