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.
How does your brain respond to an accident?
When car accidents happen in New York and across the country, there is always a good chance a driver, passenger, pedestrian or someone else will suffer a serious injury. In fact, according to the Association for Safe International Road Travel, roughly 4.4 million individuals require medical care after motor vehicle crashes annually.
While some accident-related injuries are impossible to ignore, others may not appear immediately. That is, to cope with the inherent stress of a crash, your body may mask injury symptoms. Regrettably, you may not realize you have sustained an injury until hours, days or even weeks after an accident.
Fight or flight
Even though many of the dangers human ancestors faced are gone in modern-day America, the body’s stress response has not yet caught up. When a stressful event occurs, the brain typically prepares the body to fight or flee. The release of stress hormones increases heart rate and interfere’s with the body’s ability to experience pain.
Emergency treatment
Despite recent advancements in automobile safety, a car crash may cause you to suffer a traumatic brain injury, organ damage or bone fractures. These injuries may have few or no outward signs. If you do not receive emergency medical treatment for hidden injuries, however, you may be vulnerable to additional complications or even death.
Because it may be virtually impossible to determine if you have suffered a life-altering in the immediate aftermath of a crash, you should always go to the emergency room for a full medical evaluation. Put bluntly, even if you do not think you need it, emergency treatment may save your life.
New York City has made a number of efforts to reduce traffic-related injuries in recent years, but many of our intersections remain dangerous, especially for those who travel on bicycles. According to a five-year study conducted by data scientists with Localize.city, the most dangerous intersections for bicyclists in New York City are:
- 6th Avenue & West 23rd Street, Manhattan: There were 21 injuries recorded in this Chelsea intersection over the study period. One reason for the high risk in this crossing is the heavy volume of delivery traffic running along the 23rd Street corridor.
- Jay Street & Tillary Street, Brooklyn: 20 bicycle injuries were recorded in this Downtown Brooklyn crossing. This intersection is a key waypoint for people bicycling over the Brooklyn and Manhattan Bridges.
- Atlantic Avenue & Bedford Avenue, Brooklyn: This Crown Heights intersection is a popular biking area, but poor street design has made it dangerous for bikers. 20 accidents were recorded here during the study period.
A dangerous intersection in Queens
The top ten most dangerous intersections were all in Brooklyn and Manhattan, but that doesn’t mean Queens doesn’t have room for improvement in its bicycle safety policies. The study named 58th Street and Roosevelt Avenue in Woodside as the most dangerous intersection for bicyclists traveling in Queens. 12 cyclists were injured in this intersection during the study period.
Help for the injured
For those who have been injured, improvements to safety measures are “too little, too late.” What injury victims need to move on is experienced legal guidance as they seek compensation for their medical bills, wage loss and other hardships. A skilled personal injury lawyer can help them overcome these legal and financial challenges.
What is estate planning for seniors?
As people grow older, their priorities change. A senior may worry about his or her health and eventual passing. Therefore, estate planning might become a critical process. Heirs and beneficiaries may deal with challenges that a proper estate plan could have eliminated. Older persons in New York may wish to consider many different estate planning facets and possibly update any current documents.
The broad range of estate planning to review
The most common document that comes to mind when discussing estate planning is a will. A will, of course, only addresses financial and other issues after someone passes away. For the living, giving someone power of attorney might help manage financial affairs while sick, infirmed, or even if someone wishes to decrease responsibilities.
Choosing an attorney-in-fact and signing a POA document affording the person such powers requires careful thought. An attorney-in-fact could act on the designator’s behalf on any financial matter. Hence, estate planning likely benefits from care and not haphazard actions.
Power of attorney has its limitations, though. A POA document does not award anyone the ability to make health-related decisions. Other documents do.
Health matters and estate planning
Health problems could plague someone who grows older. Unfortunately, certain conditions could leave someone unable to communicate or even wholly mentally and physically incapacitated. A living will allows someone to state directives to follow under such circumstances.
A health care proxy serves as an alternative to a living will. A designated proxy acts like an attorney-in-fact, but not with financial matters. Rather, the proxy makes health-related decisions on the grantor’s behalf.
In some instances, a declaration of incapacity might become necessary. Through this document, a loved one may be able to execute the declaration on a close relative’s behalf. Otherwise, the process may involve physicians and come with great costs.Dealing with doctors may add time to the process, possibly adding more stress.
Estate planning for seniors could become complicated, and speaking with an attorney might lead a client to make preferable decisions. An attorney may draw up the necessary legal documents per state law.
“Staging” a home that’s for sale is a common practice in real estate. Ensuring a space is aesthetically attractive should help draw the eyes of prospective buyers. There’s nothing inherently wrong with staging a living space. However, sometimes sellers may resort to tricks designed to obscure problems with a home. Here are three warning signs you should be aware of if you are in the market for a house.
1. Seemingly random coverups
Along with staging, cosmetic upgrades are commonplace when sellers decide to put their homes on the market. However, if the upgrades or coverups appear random or without any sort of reason, you should be on alert.
New drywall or paneling in only one room may be covering up a serious issue, such as mold. If only one room has been remodeled while the rest of the home appears shabby or out-of-date, it’s worth asking why. Maybe the seller only had time or money to redo one area. On the other hand, it could be an effort to obscure a larger problem.
2. A seller doesn’t seem to have any answers to your questions
As mentioned above, a seller may have a perfectly valid reason for only upgrading one room in the home. However, if a seller fails to satisfactorily explain why they did certain things to the home, you should be skeptical. You should also be wary if a seller uses the excuse of not having lived in a home for long to help explain away their apparent ignorance.
3. A seller is quick to explain away issues
The opposite of a seller who doesn’t seem to be able to explain anything is the one who is quick to brush away your concerns. You shouldn’t accept answers along the lines of, “All homes have issues,” or, “With a home this age, there are bound to be problems.” While even newly constructed homes can have their issues. However, a seller should be forthright so you know exactly what you may be getting into.
A home inspection can help, but it’s not foolproof
You’re always well-advised to have a home inspector walk through a house before you commit to anything. However, be aware that a home inspection will not uncover all of the potential issues with a home. In fact, sellers may even use tricks to prevent home inspectors from looking at a certain area, such as placing heavy furniture in front of a problem space.
When you’re making an investment that is as significant as a home purchase, you should take every possible step to help protect your interests. An experienced legal professional can help you through this process and serve as your advocate should any issues arise.

