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Probate And Estate Administration

The Impact of Traffic Violations on Auto Insurance Rates: How to Keep Your Premiums Affordable

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…

Understanding the Point System: How Traffic Violations Affect Your Driving Record in New York

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 Speeding Ticket

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…

Five New York Traffic Laws Drivers Commonly Ignore

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…

What Happens If I Do Not Pay My Traffic Ticket?

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…

The Consequences of A Reckless Driving Charge

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…

Probate Vs Non-Probate Assets: Understanding The Difference

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…

How Do I Remove A Trustee For Violating His Or Her Trust Duties?

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…

How Do I Access A Deceased Person’s Bank Account?

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…

Tips For Overwhelmed Executors

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…