Divorce demands careful consideration of various aspects, including financial and legal implications. Among these considerations is revisiting your estate plan in New York.
Divorce can affect your existing estate plan in many ways and may mean your plan does not align with your current wishes.
Beneficiary designations
One significant aspect of your estate plan is the designation of beneficiaries for your assets, such as life insurance policies, retirement accounts and investment portfolios. During divorce, relationships change. Update these designations to align with your current intentions. Failing to do so may result in unintended consequences, such as leaving assets to a former spouse.
Guardianship considerations
Your spouse may be the primary guardian for your children under your initial estate plan. However, divorce alters this dynamic. Reassessing and updating your estate plan lets you entrust the well-being and care of your children to individuals who align with your current preferences and circumstances.
Financial circumstances
Divorce often brings about significant changes in financial circumstances, affecting your overall estate. For example, the median household income in New York City is $76,607. It can change considerably after a divorce.
Adjusting your estate plan to reflect these changes is important for an accurate distribution of assets. This may involve revising the distribution of real estate, investments or other financial accounts to align with your newly established financial situation.
Powers of attorney and health care directives
Your estate plan likely includes documents related to powers of attorney and health care directives. These documents grant authority to individuals to make financial and medical decisions on your behalf. In the event of divorce, reassessing and potentially updating these designations ensures that the right individuals have such responsibilities based on your current circumstances.
Revisiting your estate plan is a proactive step toward safeguarding your interests and the well-being of your loved ones.
Getting behind the wheel after consuming alcohol can lead to serious consequences. In New York, a conviction for driving while intoxicated is a serious offense that carries not only legal penalties but also financial repercussions.
While the financial repercussions of a DWI conviction are considerable, some of them are also long-term, and one such financial repercussion is an increase in your automotive insurance premiums.
Why insurance rates go up after a DWI
Auto insurance companies assess risk when determining premiums. A DWI conviction signifies risky behavior on the road, making you a higher risk to insure. Insurance providers are more likely to increase your rates because they anticipate a greater likelihood of you having an accident. In New York, a DWI conviction also typically means you have to file an SR-22 form with the Department of Motor Vehicles. SR-22 filings come at an additional cost, and your insurer passes the cost along to you, the policyholder.
How much of an increase to expect
The exact amount your insurance is going to increase depends on certain variables, such as whether you were a first-time offender. However, Insure.com reports that most New York drivers see their insurance rates rise by 47% following a drunk driving conviction.
How long the increase typically lasts
A DWI conviction typically remains on your driving record for several years, which means your insurance rates remain high during that time. In New York, a DWI may affect your insurance rates for somewhere between about three to five years. After that, if you maintain a clean driving record, you may see a gradual decrease in your rates.
Keep in mind that each insurer uses its own formula to decide how much to charge you after a DWI conviction. Thus, shopping around may help you find the lowest rate available to you.
What are RSIs?
When people talk about debilitating injuries, many often think about catastrophic injuries first and foremost.
However, many of the injuries that affect workers the most are actually relatively simple. This includes repetitive stress or strain injuries, called RSIs for short.
Who can suffer from an RSI?
Cleveland Clinic takes a look at repetitive strain injuries. These injuries occur when a person repeats a physical action over and over again, utilizing the same area of the body.
Under this definition alone, it is easy to see how RSIs can affect just about anyone. Many jobs require a person to do the same things over again and again, as that is simply the nature of work. Anyone from chefs to doctors, from teachers to cashiers will have to perform the same actions every shift.
Anyone who does these physical actions repeatedly is at risk for an RSI. These can take weeks or months to form. In some cases, they can even take years. A person’s physical state of health and the type of work they do are contributing factors.
Why are they so debilitating?
RSIs pose the biggest problem because of how they heal. The only way to recover from an RSI is through the appropriate amount of rest. In some cases, RSIs are also bad enough that a person may need surgery to correct the issue, which results in an even longer rest period.
Because a person cannot do the action that caused the RSI while recovering, this can take them out of work for weeks or even months at a time. Needless to say, this is a huge financial burden and one that a worker must avoid.
A recent crane collapse in the Westchester County city of Hawthorne that seriously injured two construction workers highlights the dangers faced by those who work in this industry. One worker suffered a severe head injury, while the other had a partial leg amputation.
The afternoon incident occurred on March 17 at the building site of an Amazon warehouse. News reports note that construction workers were setting a piece of steel when it and the crane collapsed. The incident remains under investigation and begs the questions: “Did the employer comply with workplace safety standards?” And “How safe are you?”
‘Focus Four Hazards’
Outdoor construction crews face numerous hazards, including becoming the victim of a “struck-by accident” as these two workers in New York were. Struck-by accidents are the leading cause of non-fatal construction injuries.
Such an accident is among the construction industry’s “Focus Four Hazards” as deemed by the Occupational Safety and Health Administration (OSHA). The other three are falls, caught-in/in-between and electrocutions.
These four types of accidents account for nearly 60% of all annual construction fatalities, according to the Centers for Disease Control and Prevention.
Falls and struck-by accidents account for more than half of construction fatalities
Citing statistics from 2019, the National Institute for Occupational Safety and Health (NIOSH) broke down the percentage of construction fatalities related to each Focus Four Hazard:
- Falls: accounted for 36.4% of all construction deaths (falling from scaffolding, ladders and roofs)
- Struck-by accident:4% (from equipment, moving vehicles or falling objects)
- Electrocutions2% (contact with live electrical equipment and wiring caused more than half of electrocution-related deaths, according to the Centers for Disease Control and Prevention)
- Caught in/in between:4% (being squeezed, crushed, pinched or caught in equipment or when a wall or trench caves in or collapses)
Construction work can be a dangerous job. Too many American families clearly know this.
No room for negligence by employers
Investigation into the crane collapse in Westchester County continues, and an OSHA investigator was at the site. Understand that employers have the responsibility to protect their workers, provide them with working equipment and the proper training and protection. If they do not, that is negligence on the employer’s part.
Reasons why younger people should have a will
A will is a legal document that directs loved ones on how to handle finances, property and any minor children in the event that a person passes away. This document is important because it ensures that the deceased will have their wishes carried out. However, many younger people believe that it is not necessary for them to have a will at all.
Here are some reasons why younger people in New York should have a will.
In case of an accident
Many people want to avoid thinking about death, especially their own. However, accidents and illnesses can happen to anyone, at any age. This is an important reason why people in all stages of life should think about having a will to carry out their final decisions.
For children
Wills generally dictate who should have custody of minor children should one or both parents pass away. This helps to ensure some stability in the children’s lives during this devastating and tumultuous time. However, even adult children benefit from their guardians having a will regardless of their age. A will helps to reduce the chances that siblings will fight about who gets what as far as money and property.
For pets’ best interest
Many people consider their pets to be members of their family. When someone has a will, they can stipulate who they wish to provide care for their cats, dogs or other animals.
There are many good reasons to draft a will, and several of those reasons apply to both younger and older people.
A conviction for driving while intoxicated in New York can have serious consequences. Blood alcohol content, driving behavior and concurrent criminal convictions impact the fines and penalties the courts impose.
The state’s penalties become increasingly severe if you receive more than one DWI conviction. The state’s definition of a DWI violation is driving with a BAC of 0.08 or higher. However, you may also receive a conviction for driving while ability impaired by drugs, including prescription medications.
Penalties for second DWI or DWAI convictions
Your first DWI or DWAI-Drug conviction is generally considered a misdemeanor, though you may be charged with a felony if you have an accident that leads to someone else’s injuries or death. However, if you receive a second conviction within 10 years, the state considers the crime a felony. A conviction results in a fine of $1,000 to $5,000, up to four years in jail and six months of mandatory license revocation.
If your BAC is 0.18 or higher, the state considers it an aggravated DWI. A second conviction of this type results in the same potential fines and jail time, but the mandatory revocation is 18 months.
Penalties for three or more convictions
Three or more convictions lead to the revocation of your license for at least a year, but it may also result in a permanent loss of your driving privileges. The fines increase to $2,000 to $10,000, and the maximum jail time is seven years.
New York takes DWI and DWAI seriously. Multiple convictions can create financial and personal hardships that have lasting impacts on your quality of life.
When should you amend your estate plan?
Your estate plan entails many items such as your living will, trusts, last will and testament and life insurance policies.
While you should review your estate plan every few years to check for minor changes, some life events warrant amending the entire package.
Having children
A large part of your estate plan may pertain to caring for your children if you die before they reach adulthood. If your family continues to grow because you adopt children or gain stepchildren, you need to add them to your plan. However, as your children grow and become adults, they no longer have the same needs. Ensure your estate plan keeps up with changing family dynamics.
Changing marital status
Marriage and divorce also impact your estate plan. When you marry, add your new spouse to your estate plan. Especially if you previously listed someone else as your beneficiary or trustee. After divorce, you must modify your documents if you no longer want your ex-spouse included in your estate. Divorce does not automatically exclude them from your estate if the documents list them as a beneficiary.
Relocating to a new state
Each state has different tax laws, so if you move, you must ensure your estate plan complies with the local laws. Additionally, if you no longer own a home or business property due to the move, you must change your estate plan to include any new property and remove those that no longer belong to you.
Keeping your estate plan up to date ensures you never have to worry about what happens to your estate after your death.
Tips for avoiding pedestrian accidents
New York has both heavy vehicle traffic and a large amount of pedestrian traffic. Considering the dangers involved with this mix, it is not surprising that pedestrian injuries rank in the top 10 causes of hospital admissions and deaths in the state.
Whether you are driving or walking in New York, it is important to take steps to ensure safety.
Tips for drivers
New York law requires drivers to yield to pedestrians at intersections and crosswalks. Drivers must not block crosswalks with their vehicles and should always obey traffic lights. Additionally, drivers should take steps to ensure pedestrian safety:
- Slow down when approaching crosswalks and intersections
- Watch for pedestrians, particularly when making a turn
- Pass stopped vehicles with care
- Drive cautiously near playgrounds, schools and neighborhoods
- Avoid distractions, such as texting while driving
Tips for pedestrians
To reduce the risk of serious injuries, pedestrians should always practice safe habits around cars. Always cross at intersections and marked crosswalks. Look both ways and over your shoulder before crossing. Avoid distractions, such as texting while walking. Wear reflective or light-colored clothing at night. Watch for vehicles backing out of driveways and parking spaces. Obey crossing signals and use push buttons. Stay on the sidewalk if there is one. Walk facing traffic if there is no sidewalk. Ensure drivers see you by making eye contact. Avoid suddenly stepping into traffic.
Accidents between vehicles and pedestrians can cause serious injuries and deaths. When both drivers and pedestrians take steps to ensure safety, fewer injuries occur.
Perhaps you have found the perfect home to purchase, and you look forward to the closing.
However, there may be some questions about the property that could delay or even cancel the transaction. Is a quiet title action necessary before you close?
About quiet title
Before you can become the rightful owner of the home you wish to purchase, the title on the property must be free and clear of any encumbrances. If there are conflicting claims or if there is an ambiguity to resolve, a quiet title action may be necessary. This is often referred to as a friendly lawsuit to settle issues that arise during a title search.
Possible issues
There are a number of issues concerning the title to a property that would need resolution before the property changes hands, including:
- Liens for unpaid debts placed by a bank or perhaps a building contractor
- The undiscovered will of a deceased owner may jeopardize your rights as the potential owner
- A boundary dispute or inaccurate survey may require a judge to resolve the matter in a quiet title action
- Forged documents might exist that obscure the rightful owner of the property
- A third party may hold a claim to part if not all of the property due to a previous mortgage or non-financial claim such as a covenant that limits the use of the property
Next steps
With the help of your attorney and the title company, a title search will bring any issues to light that need resolution in court. Once the cloud on the title goes away, you can proceed to your closing, confident that you will become the rightful owner of the home you wish to buy.
Get the facts about DWI in New York
Driving while intoxicated carries a range of penalties for convicted New York motorists. The outcome of your case will vary depending on your situation, criminal history and other factors.
Review these important facts about DWI in New York before facing a court date for this type of offense.
Blood alcohol content
Your blood alcohol content, or BAC, plays a role in your possible DWI conviction. Drivers must have a measured BAC below 0.08%, or 0.04% if they have a commercial driver’s license. For drivers younger than 21, the legal BAC limit is 0.02%.
New York also has a law against driving while ability impaired. The state defines DWAI as BAC between 0.05% and 0.07%.
Problem driver restrictions
If you receive a driver’s license suspension in association with a DWI or DWAI, New York may designate you as a problem driver. While you can obtain driving privileges, you may drive only to and from your place of employment, your school, your child’s school, and the Department of Motor Vehicles. For most DWI convictions, problem driver restrictions last up to five years after you get your license back.
Ignition interlock device
Some convictions may require an ignition interlock device upon license reinstatement. In this case, you must install an approved IID at your own expense. This device takes a breath sample and prevents you from starting the engine if it detects alcohol.
First-time DWI offenders and others who have substance use issues may qualify for drug court programs in New York. Multiple offenders are subject to additional sanctions including permanent driver’s license revocation.
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