F.A.Q.
You have the right to have your legal rights explained to you. Please feel free to contact our office if you have any questions.
Q. What should I know before retaining an attorney?
A.
1. What is the amount of malpractice insurance coverage of the firm?
2. How will I be billed in an estate proceeding?
Some firms are known to charge as much as 5% of the estate value. However, we find it more advantageous to the client to charge an hourly fee- usually resulting in a significant savings to the client averaging between 1.5% to 2% of the estate.
3. How familiar is the firm with the area of practice?
4. How many cases of this kind have they handled?
5. Insist on a written retainer agreement.
Recently, the court passed a rule that requires all matters
involving a fee of $100.00 or more be formalized by a written retainer agreement. Although the effective date of the law has been delayed, it is still a good idea to have your agreement in writing.
Q. What should I do if I am involved in an automobile accident in New York State?
A.
- Stop.
- Give injured persons medical attention and call for help.
- Protect the scene by moving your car out of traffic and setting up flares or reflectors if on hand.
- Call traffic officials if you have not already done so.
- Trade facts with drivers involved including: name and address, insurance information and driver's license number.
- Get names and contact information of as many witnesses as possible.
- Write down the details of the accident.
- Report the accident to your insurance company immediately and file a report with the Department of Motor Vehicles.
- Refer claims made against you to your insurance company.
- See a doctor for any injury as soon as possible, even if the injury appears to be minor.
- No-Fault:
Under New York State's compulsory No-Fault Automobile Insurance Law you must submit your application for No-Fault benefits within thirty (30) days of your accident in order to be eligible for benefits.
Persons injured in a motor vehicle accident are eligible to receive $50,000.00 in benefits for lost wages and medical expenses provided they were not intoxicated, drugged or engaged in other specified criminal or anti-social behavior.
Q. Why do I need a will?
A.
- To leave your property to those who care about you.
- If you die without a will, your property will be distributed among your family members and perhaps, not the way you prefer.
- If you plan properly and review and review your plan periodically, you may lower or eliminate your tax costs and leave more to your benificiaries.
- A will is the best investment you can make!
Q. What is a living will?
A.
A living will is a legal document, recognized in New York State, in which a competent adult can state his or her wishes concerning future healthcare. It's purpose is to express a person's desire to utilize or withhold life sustaining medical treatment. A living will applies if you are in any one of these three physical states:
- A terminal condition
- Permanent unconscious state
- Conscious but with irreversible brain damage and will never regain the ability to make decisions and/or express his/her wishes
Q. What is a health care proxy?
A.
A health care proxy is a document recognized in New York State where a competent individual appoints an agent to make decisions regarding healthcare on their behalf in the event they are incapacitated and cannot make important medical decisions for themselves.
Q. What are grounds for divorce or separation?
A.
In New York State you must prove fault under one of four grounds for divorce in order to end a marriage:
- Abandonment for one or more years
- Adultery
- Cruel and/or inhumane treatment
- Imprisonment for three or more years
Alternatively, you may live separate and apart the pursuant to a stipulation and written aggrement for one year. Thereafter, either party may proceed with a divorce without any allegation of fault.
Q. What are the child support standards and how much will I have to pay in child support?
A.
The non-custodial parent has to pay their pro-rata share of combined parental income in child support at the following rates:
- 17% for 1 child
- 25% for 2 children
- 29% for 3 children
- 31% for 4 children
- 35% for 5 children
This standard applies to the first $80,000.00 of combined income. Thereafter the courts have some discretion in determinig the support from the party whose income exceeds $80,000.00. Each case can be varied by other sources of income, prior marriages and other factors. Please consult one of our matrimonial attorneys for the specifics of your case.