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Effective November 6, 2024, significant changes were made to DMV rules that affect points, suspensions, and look back periods for numerous traffic violations. In particular, the changes affect repeat offenders and offenses involving alcohol, drugs, and driving with a suspended or revoked license. I will briefly summarize the key changes, and the reason why now Read on…

If a motorist is convicted for traffic violations in New York State, this conviction can have a significant impact on your auto insurance rate. As a general rule, the more serious the violation, the greater the effect will be on your insurance premium. The DMV has a point system which sets forth and assigns points Read on…

The DMV assigns points to various traffic violations. In sum, the more serious the traffic violation the more points that are assigned. For example, speeding violations have a graduated system of points based on how many MPH over the speed limit the motorist is convicted of. For example, if you are driving and convicted of Read on…

The real cost of a conviction for a speeding ticket can be quite significant. We can start with the point system. The higher the speed that a motorist is convicted of, the greater the points. It starts with a three-point conviction if you speed up to 10 miles an hour over the speed limit and Read on…

Hit and run accidents in New York are very serious matters. Depending on whether there are injuries or only property damage will determine just how serious of a violation it will be. Pursuant to VTL 600-2, leaving the scene of accident with injuries is a traffic misdemeanor (crime) and has very serious consequences on your Read on…

There is a common misconception that estate planning is to be utilized only by older individuals. This is not the case. In fact, the earlier one creates their estate plan in their lives, the better things will be in the event of any unforeseen life events. Within the context of a will for a young Read on…

There are certain laws under the New York Vehicle and Traffic Law (VTL) that drivers (intentionally or unintentionally) tend to ignore. The first such law is VTL 1225(c) (operating a motor vehicle while using a mobile phone) and its companion VTL 1225(d) (operating a motor vehicle- using a portable electronic device). Even with all the Read on…

There are various consequences that can occur if a motorist does not pay their traffic fines within the timeframe proscribed by the Court or traffic agency. Before June of 2021, in New York State if a motorist did not pay their traffic fine on time, the Court had the discretion to issue a suspension notice, Read on…

Under the New York Vehicle and Traffic Law (VTL), a charge of Reckless Driving pursuant to a VTL 1212 is an unclassified traffic misdemeanor. In short, this is a criminal charge, not a mere traffic violation. The consequences of such a conviction can be extensive, for one’s driving record, insurance rates, employment prospects, and if Read on…

Quite often, clients may not be aware that only certain assets have to go through probate. The probate proceeding is to admit a Last Will and Testament in New York as valid and conferring upon the Executor the rights and duties pertaining thereto. Let’s first discuss non-probate assets, or what can be commonly referred to Read on…

The Surrogate’s Court Procedure Act (SCPA) sections 711 and 719 set forth the various grounds for the removal of a trustee (or executor). The procedures may involve the removal of the trustee with process (petition to Court with service of citation upon Trustee) or without process (no citation to issue). Pursuant to SCPA 711, the Read on…

Do CDL drivers suffer bigger consequences for traffic violations? Does the fact they received these violations when not operating a commercial vehicle affect their CDL status? In New York State, a Commercial Driver’s License (CDL) is a special license conferred upon drivers of certain types of vehicles, usually those with a gross weight over 26,000 Read on…

Numerous problems can arise if a New York Last Will and Testament is not properly executed. This is one of the reasons why it is so important to have an experienced estate planning attorney draft and oversee the signing of a Will. If one is only interested in having the attorney prepare a Will, the Read on…

If one believes that an executor is stealing, misappropriating, or otherwise improperly utilizing estate resources, an interested party or beneficiary has numerous channels for recourse. However, as these are strong accusations, one who is accusing the executor should have concrete evidence to substantiate their claim and not rely on pure speculation or conjecture. If you Read on…

There are many life changes that occur during one’s existence, not the least of which is moving to another location. Quite often, for job placement or family reasons, the move is to another state. Along with this move comes the inevitable question of whether one’s will and other various estate planning documents are valid in Read on…

I have had many occasions where prospective clients call with a traffic ticket and they tell me they would just rather pay the ticket than deal with the process. While it may seem like a very convenient and time-consuming move, just “paying the ticket” can have adverse consequences on your driving record. For one, paying Read on…

Setting up advanced health care directives to deal with end-of-life treatment can be one of the more difficult steps to take in your estate planning portfolio. Nonetheless, whether it concerns palliative care or if you will be under anesthesia and will need these directives in place, it is important you have an attorney set up Read on…

There are numerous consequences that may arise for failure to pay a ticket by the due date. And the consequences may differ depending on whether the ticket issued is a traffic ticket for a moving violation or an equipment violation, or rather if it is a parking ticket or a red-light camera violation. For failure Read on…

While your best strategy to negotiate a speeding ticket with a prosecutor is to retain the services of an experienced traffic ticket attorney in New York, there are some tactics which can aid you when attempting to plea bargain your speeding ticket. One of the easiest strategies one can employ is one that does not Read on…

It is quite common for life events to change after a person writes their Last Will and Testament. Quite often, there may be a death or birth in the family, their can be a relocation to a new area, or a change in careers. Quite often, after a Will is executed, additional real property may Read on…

A question often arises when I prepare a will for a client and they are contemplating a change of address. Whether that moves takes them to the next town, next county, or another state, the question of will revision comes into play. The simple answer is that if you were a New York resident and Read on…

Quite often a situation arises where an out-of-state driver who is licensed in another jurisdiction is arrested and charged with Driving While Intoxicated (DWI) in New York State pursuant to Vehicle and Traffic Law (VTL) 1192.2 or 1192.3. The main difference in the outcome of the case (and during the pendency of the case) will Read on…

Most convictions for moving violations under the New York State Vehicle and Traffic Law (VTL) will have some impact on your auto insurance rates. Obviously, other factors are also taken into account to determine one’s insurance risk such as age and accident history. Traffic convictions, whether misdemeanor or simple infractions, can impact one’s auto insurance Read on…

When the owner of a bank account dies and that account holder did not have a Last Will and Testament, there are a few possible scenarios that can occur. If the account holder was the sole owner of the account and did not have any beneficiary or did not have the account “in trust for” Read on…

The question of how to access a deceased person’s bank account is a broad-based question, but is certainly one that people ask quite frequently and therefore merits a blog posting. The issue of access for a decedent’s bank account comes down to how the bank account is titled. In the context of a checking or Read on…

The creation of a Power of Attorney document is a critical document that can have far reaching consequences as it can convey very broad powers, and if not used properly, can lead to problems. Having an experienced estate planning attorney assist with the preparation of this important document is crucial. While it may be tempting Read on…

New York Vehicle and Traffic Law Section 1172(a) states that every driver, unless directed otherwise by a police officer, must come to a full and complete stop at a stop sign. If not, and the motorist is found guilty of this traffic infraction, they face fines and the imposition of three (3) DMV points on Read on…

Most moving violations committed in New York State have a point value assigned to such violations. Usually, the increase in point value is directly related to the seriousness of the traffic infraction committed by the motorist. For your reference, the point system with the various violations and the points assigned to each can be found Read on…

The answer to this question is not an either-or scenario, but rather an and scenario. In most instances, a motorist should both fight their ticket and go to traffic school (which ostensibly means enrollment in a NYSDMV approved defensive driving course). Most traffic tickets that a motorist receives on Long Island fall within the jurisdiction Read on…

When drafting your last will and testament, one of the most important components of the will is who is going to be the person who oversees your affairs when you pass away. In short, who do you want to select to be your executor. This is one of the reasons it is crucial to have Read on…

Each Court has its own set of protocol and procedures regarding whether an attorney can represent their client without the necessity of the client being present. For traffic misdemeanors such as Driving While Intoxicated (DWI), driving with a suspended license or registration, or reckless driving, the client (defendant) would most likely need to be present Read on…

What many motorists do not realize is that can be a traffic violation for a motorist to drive their motor vehicle too slowly on a public highway. In fact, Vehicle and Traffic Law Sections 1181 (a) and (b) set forth the elements of the violation of Driving Too Slow and Driving Below Minimum Posted Speed Read on…

The coronavirus (COVID-19) pandemic has had a profound effect on the operation of the New York court system. While the New York Vehicle and Traffic Law (VTL) has not itself been amended as a result of the COVID-19 pandemic, certain Court and DMV procedures have been altered. For example, DMV expiration dates have been tolled Read on…

With the advent of the internet and the age of information, people may believe that by conducting a simple Google (or other search engine) search, they can effectively and properly produce an estate planning that satisfies their needs and the needs of their family. In most cases, the risks of such estate planning without the Read on…

For the single person, proper estate planning is just as important as it is for those who are married. A single person may also have children but does not reside with a partner. Nonetheless, single people should be mindful or the importance and necessity of a proper estate planning structure for their future. It is Read on…

There is a difference between receiving a Uniform Traffic Ticket in New York for a violation of Vehicle and Traffic Law (VTL) Section 1225(c) (operating motor vehicle while using a mobile phone as opposed to VTL 1225(d) (use of portable electronic device while operating a motor vehicle). What both violations share in common is the Read on…

The short answer to this question is YES. However, the real concern (although money is always a concern) should be reduction of traffic points, or in some instances, reduction of a traffic misdemeanor (a criminal) charge to a lower, much less serious traffic violation. There are certain court costs that can not be waived. For Read on…

There are specific provisions that can be set up in the context of a will to provide a funded trust for one’s pet. I sure understand that a pet is a loved one that is part of the family. A provision should be included within the context of the will that creates a testamentary pet Read on…

When a client executes a Last Will and Testament at my office, the question arises as to which party would like to keep the original last will and testament. Typically, the original will is either kept with the attorney in a secure location like a fire-proof safe or the person executing the will (testator) will Read on…

Quite often, people can get confused and interchange the use of the term “living will” and “health care proxy”. While the two terms are not synonymous, they are often combined into one document known as a “Living Will and Health Care Proxy”. Typically, the living will sets forth advanced medical directives for health care professionals Read on…

The question often arises as to when to get a power of attorney for an older parent. There is no one simple answer to this question but there are certain factors to be taken into consideration when making this decision. The Durable Power of Attorney is a powerful document that grants the agent the power Read on…

The question of whether a conviction of DWI can cause you to lose your job is largely a function of the nature of your work. Clearly there is a stronger likelihood that a career that involves transportation or the care and safety of others can jeopardize one’s job. But remember that there are jobs wherein Read on…

This situation occurs more than one might think. To be convicted of VTL 1192.2 (DWI based on BAC> .08) or VTL 1192.3 (DWI- common law), you do not necessarily have to be driving a motor vehicle. The statute states that one must be operating a motor vehicle. And there is a wide latitude given as Read on…

The penalties for a first time DWI Offense in New York vary depending upon the particular facts of the case. What this means is that your Blood Alcohol Content (BAC), your age, and whether you refused a chemical test can ultimately determine the outcome of the case as to penalties. Obviously, a motor vehicle accident Read on…

The simple answer to this question is yes, but there are a lot of factors that go into the question of whether a DWI can be reduced to the gold standard of VTL 1192.1 (Driving While Ability Impaired), which is a traffic violation and not a crime. Clearly a first-time offender stands a much better Read on…

Quite often, estate clients are interested in the creation of a trust, whether revocable or irrevocable, with varied purposes in mind. A trust is what is known as a testamentary substitute, meaning that assets that are titled in the name of a trust will pass outside the purview of a Last Will and Testament. This Read on…

The first rule of thumb is before entering a plea to any traffic ticket, you should speak to an experienced traffic attorney. As a general rule, you should not immediately plead guilty to a traffic ticket. New York does not have “no contest” plea on the simplified traffic information (Uniform Traffic Ticket), although there can Read on…

When one receives a speeding violation in either New York, the consequences of the charge and possible conviction can have serious ramifications upon the motorist’s driving record, insurance premiums, and livelihood. If the motorist receives three (3) speeding convictions within an 18 month period, this scenario will subject the motorist to a six-month license revocation Read on…

As set forth in the New York Estates, Powers, and Trusts Law (EPTL), an interested party may object to a Last Will and Testament being offered for probate on the basis of undue influence exerted upon the Testator (the person who signed the Will). If it is determined that an interested party or family member Read on…

As with any documents concerning your estate or incapacity, it is often quite prudent to review these papers at regular time intervals, especially when there is a change in life circumstances (i.e. marriage, birth, death, relocation). The Durable Power of Attorney (POA) in New York is no exception. As previously stated in prior blogs, the Read on…

Clients often ask me if they should have more than one agent named on the New York Durable Power of Attorney (POA). The high-level answer to this question is “it depends”. Logistically speaking, it is often easier if only one agent is appointed on the POA. This is because financial institutions may require both agents Read on…

Quite often, one assumes the role of executor (or administrator) for an estate without realizing many of the complexities associated with being appointed a fiduciary of an estate by the Surrogates’ Court. I usually explain to clients that being an executor of an estate is no different than being a CEO for a corporation. You Read on…

In New York, the power of attorney is an important document, to say the least. It has far-reaching consequences which it is why it is crucial to understand the misconceptions about this document. Generally speaking, my powers of attorney (POAs) that are executed in New York are “durable’, which means that they take effect immediately Read on…

Most IRAs, whether traditional or Roth IRAs, play a key role in estate planning. As long as an IRA has a named beneficiary, when the account holder passes away, the beneficiary will receive the proceeds of the IRA by operation of law. All that would need to be provided to the financial institution where the Read on…

The question often arises as to whether an estate plan is necessary if you don’t believe you have an estate. The fact is that most people, whether they realize it or not, actually do have an estate. Real property aside, you may have checking accounts, savings accounts, IRA, pensions, or other financial accounts that may Read on…

Today on our blog, we have a guest post on a topic that affects everyone – estate planning. Specifically, estate planning and financial capacity. While we normally talk exclusively about elder law, part of estate planning also involves understanding your financial capacity as well. In this blog we discuss an intro to understanding your ability Read on…

The effective date by which a New York Power of Attorney takes effect will be a direct consequence of the type of document that is executed. A vast majority of clients sign what is known as a Durable Power of Attorney. A durable power of attorney takes effect immediately upon due and proper execution by Read on…

Generally speaking, certain ministerial errors on the face of an accusatory instrument (i.e. traffic ticket) can be cured upon refiling within the time frame permitted by statute. If the ticket is issued to a person who otherwise meets the description (i.e. height, weight, eye color, license ID number) of the motorist, but an erroneous middle Read on…

As it goes with most questions in life, there isn’t always a simple answer. This question is no different. Generally speaking, it is worth it to contest or fight a traffic ticket. In a vast majority of cases, you are better served by having your case handled by an experienced traffic violations attorney. Depending upon Read on…

If a person has a will previously executed, and subsequent to the publication and execution of said will has purchased property, the language of the will shall speak to this issue. While it is important to update a will after a change in life circumstance, another basis to update would be the purchase of a Read on…

The question as to the cost to draft a will by an attorney can not be settled with a simple monetary figure. There are so many components that speak to this issue. Above all else, it is imperative that you utilize an experienced estate planning attorney who can properly guide you as to the necessary Read on…

If you are planning to meet with an estate planning attorney, or want to see if your estate planning documents need an update, there are certain documents that you should have ready to review and to present to your attorney. If you currently have estate planning documents that may require review and revision, please check Read on…

Transferring property to your children during your lifetime is not something that an experienced attorney would recommend. Some consequences of giving up your property are mentioned as under: Transfer of property will result in gift tax. A gift tax form is required to be filed when a property worth $13,000 or more is transferred. Whereas, Read on…

The duty to handle the property of a deceased person is given to the Personal Representative, who was previously known as the executor. All matters regarding the deceased’s business and finances, including finishing, filing latest tax returns, and dividing assets among the descendants are handled by the Personal Representative. A PR can only be appointed Read on…

The default provisions in a Power of Attorney in New York provide that the agent may make gifts to any persons (including agent), charities, or organizations not to exceed the sum of $500.00 for any calendar year. This provision can place limitations on the ability of the agent to engage in proper estate planning on Read on…

New York estate law has adopted and implemented an anti-lapse statute. This law is designed for situation where the beneficiary under the terms of a Will dies before the person who executed the Will, known as the testator. The anti-lapse statute was enacted to balance the equities of the wishes of the testator versus the Read on…

When a person dies intestate (without a will), statutory law determines how that person’s estate will be distributed. Essentially, the assets are divided according to who is that person’s next of kin. Once necessary funeral expenses, estate administration costs, debts, and taxes of the decedent and estate are paid (i.e. final income taxes (IRS 1040), Read on…

Quite often, clients (or potential clients) do not fully comprehend the role of both the agent appointed under a Power of Attorney and that of an Executor. Or more importantly, when the role of the agent under that power of attorney ceases. Typically, people sign what is known in New York as a Durable Power Read on…

The fact that you are contemplating an executor for your Will signifies that you have taken the first step on taking control of your estates when you pass away. Remember that if you don’t have a validly executed Will when you pass away, the laws of intestacy will decide who inherits your estate. In order Read on…

There are various methods by which one can avoid having their assets await the outcome of a probate proceeding. This time frame can increase in the event that one of the interested parties to such a proceeding decides to contest the will. One of the simpler assets that should always be structured to avoid probate Read on…

When a will is executed in New York State, one of the requirements of a validly executed will is that the person who is signing the Will (testator) possesses testamentary capacity. But what if the person who created the Will becomes incompetent? Does that invalidate the Will? When is a Will not valid? It is Read on…

Do you need to draft a new Will if you move to a different state? This question often occurs when one has a New York Will but is moving to another state. The simple answer is – it depends. In most cases, Wills that are executed in New York will comport to the estate and Read on…

The question as to what to expect when settling an estate cannot be simply answered in one blog. But there are some factors to consider if you are appointed as a fiduciary of an estate. The first key question is whether the decedent had a Will or not, and if there is a Will, you Read on…

The short answer to this questions is “it depends”. As a rule of thumb, I advise clients that if they move from one state to another, it is a good idea to update their will. The reason for this is that a will that was drafted and executed in another state will only be valid Read on…

New York probate law sets forth very specific objections that one can utilize to contest the validity of a NY Will. The first parameter before even getting to the issue of filing objections is that one has legal standing to initiate such a challenge. Assuming you meet the initial hurdle of having a pecuniary interest Read on…

The creation of an effective estate plan can be one of the most important decisions in your life. Or for that matter, for your family and loved ones as well. The importance of deciding how and to whom your assets will be distributed when you die is of paramount importance. However, an estate plan goes Read on…

As serious as a charge of misdemeanor driving while intoxicated (DWI) pursuant to New York Vehicle and Traffic Law (VTL) 1192.2 can be, the consequences can be even direr if there was a motor vehicle accident involved. Depending upon the extent of injuries, the charge can be elevated to criminally negligent homicide or manslaughter if Read on…

When a will can be contested? In order to contest a will, or challenge the validity of a Will seeking admission to probate in New York State, you must have legal standing to commence such a challenge. To challenge that the provisions contained in the will, or the will itself, is invalid, you must have Read on…

If you are pulled over and subsequently arrested for suspicion of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUI) in New York, it is very possible you will need an alcohol assessment evaluation which is known as an OASAS evaluation. This report is required if the defendant is going to plead Read on…

The responsibilities that fall upon an individual who is named as an executor of estate can be extensive. However, it can be rewarding in that you know you have been asked by a loved one or a close friend to carry out the wishes of that person now that they have passed away. Still, there are Read on…

When you are charged with a traffic violation, the question often arises as to whether you are automatically entitled to representation by a public defender (i.e. legal aid) in the event that you cannot financially afford to retain a private attorney. The answer depends on the nature of the violation. If the charge is a Read on…

If you seek to change or amend some portion of your Last Will and Testament, or seek to write a whole new Will due to changes in life circumstances, it is of utmost importance to seek the advice of an experience estate planning attorney. An improperly drafted or executed will can have serious ramifications insofar Read on…

Michael Alpert, Esq. was quoted in an article posted on Long Island Business News regarding the foreclosure lawsuit filed against Gary Melius, who is currently the owner of Oheka Castle. Last week, the Law Offices of Michael Alpert filed a countersuit for Gary Melius in defense of a foreclosure lawsuit, in Suffolk County Supreme Court. Read on…

New York Vehicle and Traffic Law (VTL) 1128(a) governs the violation of an “unsafe lane change”. Please note that while that a conviction under this statute is a traffic violation and not a misdemeanor or criminal offense, it does carry three (3) DMV points upon conviction. Furthermore, this charge is considered a “serious traffic conviction” Read on…

It should be noted that there are numerous assets that can be deemed testamentary substitutes, meaning that due to the nature of ownership or the beneficiary scheme, these items may not be covered under the terms of the will. For the most part, if an asset is owned exclusively by the testator-decedent (person who died) Read on…

The penalty for driving while using a cellular phone or any portable electronic device (i.e. Tablet, GPS device) is now 5 DMV points. Your first step in preserving your rights is to contact an experienced traffic attorney. An experienced traffic attorney can review the facts surrounding the incident and make an informed decision as to Read on…

Vehicle and Traffic Law (VTL) 1192 is the controlling statute on the subject of driving while intoxicated (DWI), driving while ability impaired (DWAI), or Driving While Impaired By Drugs (DUI). The different sections of the statute speak to the issue of driver suspension or revocation of their license (or driving privilege if out-of-state) and the Read on…

Pursuant to Vehicle and Traffic Law (VTL) 1172(a) (failure to stop for a stop sign), the maximum fine for a ticket going through a stop sign in Nassau County is $150, plus mandatory state surcharges of $88-$93 depending on the jurisdiction of the Court. Further, the fines can increase if there are multiple violations of Read on…

It should be noted that every ticket that is processed through the Nassau County Traffic and Parking Violations Agency (NCTPVA) located at 16 Cooper Street, Hempstead will incur a $45 administrative fee. The only time where this fee will be waived will be if one is found “not guilty” after trial. All other tickets will Read on…

It should be noted that there are numerous assets that can be deemed testamentary substitutes, meaning that due to the nature of ownership or the beneficiary scheme, these items may not be covered under the terms of the will. For the most part, if an asset is owned exclusively by the testator-decedent (the person who Read on…

Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. To the extent that motor vehicles are employed to commit Driving While Intoxicated Read on…

The penalty for driving while using a cellular phone or any portable electronic device (i.e. Tablet, GPS device, texting) is now 5 DMV points. Your first step in preserving your rights is to contact an experienced traffic attorney. An experienced traffic attorney can review the facts surrounding the incident and make an informed decision as Read on…

The New York State Department of Motor Vehicles (DMV) establishes a variety of rules and regulations upon which your New York driver’s license (or driving privilege if you are out-of-state) can be suspended. There are two general categories of license suspensions. The first category is referred to as definite suspensions, which will last for a Read on…

In prior blogs, I have discussed what happens to your estate if you die “intestate”, or without a will. Now I shall discuss who will be appointed an administrator to oversee the management of your estate if you die without a will. The Surrogates Court Procedure Act, more particularly, SCPA 1001, sets forth the priority Read on…

One of the most common reasons for a will to be contested is due to the fact that a lawyer did not prepare or oversee the signing of the will. There are certain “formalities” that must be followed in New York State for a will to be deemed valid by the Surrogates’ Court in which Read on…

March 14, 2016—The Law Offices of Michael W. Alpert is pleased to announce that it has received the Client’s Choice Award by AVVO. The award is in recognition of receiving exceptionally high Client satisfaction ratings seen in AVVO Client Testimonials. AVVO is a respected industry website that helps Clients research and find attorneys that meet Read on…

This is a common question that is asked. People want to know when they would be notified that they are included in a will. While it is not uncommon for a testator to let family members know if they are included in a will, whether to receive personal property, money or real property, generally there Read on…

I Have Two Tickets for Driving Without Insurance. What Will Happen? For someone charged under Vehicle and Traffic Law (VTL) Section 319, namely driving a motor vehicle without insurance, the penalties for conviction under this statute are severe. If convicted under VTL 319, not only must you pay hefty court fines and surcharges, but the Read on…

Generally speaking, it is the responsibility of the fiduciary appointed by the Court (i.e. executor, administrator) to be in charge of the estate bank accounts. Banks and financial institutions will need to see certificates of Letters Testamentary which grant the authority to the executor to conduct estate business, including the ability to open an estate Read on…

As I often advise clients, if you are pulled over by a law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DUI), do not admit fault or liability, but be sure to be respectful to the officer. Having an attitude, belligerent or otherwise, will not help your cause. Read on…