Any more questions?
"*" indicates required fields
570 Yonkers Ave | Yonkers, New York 10704
Direct access from street level. ADA Accessible bathrooms on premises.
Tel: (914) 965-1011 | Fax: (914) 965-0019 | e-mail: jdibbini@dibbinilaw.com
Now Serving These Locations:
Yonkers | Bronx
© James G. Dibbini & Associates, P.C.
This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.
Failure to Give Proper Eviction Notice Can Hurt Your Case
UncategorizedTypes of Eviction Notices
A Notice to Cure informs a tenant that he or she is violating your lease’s terms. It must identify:
The length of time and the manner in which a tenant must cure a violation is written in most leases.
A Notice of Termination is another notice that must be served on the tenant before you start an eviction. A notice of termination for a rent-stabilized tenant must state:
You must be specific when you set out information in your Notice of Termination. If it is too vague and the tenant has insufficient information to identify potential defenses, the court will likely dismiss your eviction case.
Common Eviction Notice Mistakes
Landlords — even really good landlords — make mistakes. Below, we discuss common eviction notice errors we see in our landlord-tenant cases.
Lack of Specificity
The courts will dismiss a case if your eviction notice is too general. For example, in University Towers Associates v. Gibson, 18 Misc3d 349 (NY Civ. Ct. 2007), the landlord attempted to evict a tenant in a rent-stabilized apartment who owned a pit bull. The Notice of Termination argued that the pit bull was a nuisance, interfered with others’ comfort and safety, and was a dangerous animal. However, it did not state that the pit bull attacked or chased anyone, or that the tenant used the dog to threaten an attack.
Because the landlord didn’t give enough specific details, the court dismissed the eviction proceeding. In New York, simply possessing a pit bull does not qualify as a nuisance. (In fact, there are a lot of well-behaved, friendly pit bulls in the state.) Had the landlord given specific information about incidents where the dog threatened the safety of others (including dates and other details), the eviction might have been granted.
The Incorrect Signature on the Notice
If the wrong person signs the eviction notice, your case will be dismissed. Depending on who is sending the eviction notice, different requirements apply.
If the eviction is signed by someone who is not designated as an agent or landlord, the courts will not accept the eviction notice.
Insufficient Time to Vacate
The amount of time given to allow the tenant to vacate the premises in the notice is also important. For instance, if the tenant lives in a rent-stabilized apartment and the landlord is alleging that the tenant is violating a substantial obligation of the tenancy, the landlord must give the tenant thirty (30) days’ notice before the surrender date.
If the landlord is alleging that the residence is not the tenant’s primary residence, the landlord should give a notice of nonrenewal at least ninety (90) days but no more than one hundred and twenty (120) days prior to the expiration of the current lease. Additionally, a thirty (3) day notice to terminate should be provided prior to the expiration date in anticipation of commencing an eviction proceeding.
You Didn’t Demand Unpaid Rent
If you’re trying to evict a tenant because of unpaid rent, you must make a sufficient demand for rent — either orally or in writing. If the landlord chooses to serve a written demand, then it must clearly give notice of the alleged default in rent payments. Your written demand should include:
If your demand lacks this information or is improperly served by a third-party, the court will deem your notice insufficient and likely dismiss your eviction petition.
Need Help With an Eviction Notice? Contact James G. Dibbini & Associates, P.C.
If you need help drafting or serving an eviction notice, contact the team at James G. Dibbini & Associates, P.C. We know the challenges that landlords face and are here to help. Our team of New York landlord-tenant attorneys provide honest and practical advice, craft detailed and legally binding leases and eviction notices, and guide our clients through housing disputes. Contact us for more information about our services.
Real Estate Closing Attorney Discusses 5 Things That Can Mess Up Your Mortgage Closing
Uncategorized1. You Decide to Switch Jobs
Most mortgage lenders want to see two consecutive years of employment on your loan application. If you quit your job — especially if you change professions, become self-employed, or switch to a commission-only compensation system, the lender might be unwilling to finalize your home loan, even after they have already issued your loan commitment.
Sometimes, a job change is unavoidable. However, it can delay your closing and might kill your real estate deal. After you switch jobs — even if you’re making more money now — your lender will typically want at least a month’s worth of check stubs to confirm your new income. And, if you’re now self-employed, it might demand at least two years of tax data to confirm your income stability.
If you’re considering a new job or profession, consult with your mortgage broker, bank, real estate agent or real estate closing attorney before going forward with the change. Your real estate closing attorney may have suggestions on how to minimize the impact of your new career on your mortgage.
2. You Open a New Credit Card, Car Loan, or Other Line of Credit
Today, mortgage companies are more risk averse than in the past. When you apply for a mortgage, the lender will review your credit report — if you have too much debt or large minimum payments, it might impact your home loan. Typically, the mortgage company will run your credit report several days before the closing to make sure the home buyer still qualifies for the loan. If you open a new credit card or another line of credit, it might change your debt/income ratio — and the lender might deny the loan or refuse to fund the loan even after issuing your final approval or commitment.
A last-minute mortgage problem can kill a real estate deal and jeopardize your contract deposit. For this reason, you should never finance, co-sign, or increase a credit or loan balance before your real estate closing.
3. You Spend Too Much Money
Once you agree on a price and sign a real estate contract, it’s easy to get excited and start buying new items for the house. However, big purchases can put your mortgage at risk — even if you’re paying in cash to purchase the items.
The mortgage company doesn’t just check your credit report. Additionally, it will review your bank statements to make sure you have enough money to pay your down payment, closing costs, and other expenses. If there’s concern that you can’t pay these costs, it might delay or complicate your real estate purchase. Typically, your real estate closing attorney will suggest holding off on major purchases until after your sale is finalized.
4. Your Current Home Is Still on the Market
Frequently, mortgages are contingent on the sale of an existing home — especially if there’s concern that the homebuyer can’t afford two simultaneous mortgage payments. If your home hasn’t sold yet, you should check with your mortgage company to see if this will impact your home loan. Your real estate agent or real estate closing attorney might also have other solutions that allow your closing to occur.
5. The Real Estate Appraisal Is Too Low
During a real estate appraisal, a trained appraiser examines your home, assessing its value based on its condition and comparable sales. Problems can arise if the appraiser assigns a lower value to your home that the agreed-upon purchase price. If the loan-to-value ratio is negatively impacted, the mortgage company might not agree to finance the entire purchase. This can lead to delays while the parties renegotiate the price or obtain alternate financing.
Get Answers From a Real Estate Closing Attorney
Without guidance from a real estate closing attorney, purchasers can easily make mistakes endanger their real estate acquisitions. At James G. Dibbini & Associates, P.C., we guide real estate agents, sellers, and buyers through the complicated and frustrating closing process. Our goal is to identify potential risk factors in advance and reduce their impact — enabling smooth and pain-free closings. Contact us for more information.
What is a Short Sale?
UncategorizedFor real estate owners who can no longer afford to keep current on their mortgage payments, a short sale is an alternative to foreclosure that can help preserve their credit and avoid bankruptcy.
A short sale is when a distressed seller finds a purchaser who is willing to buy their property for less than what is owed to the lender (bank) and the bank accepts less than what is owed on the mortgage in full settlement of the seller’s obligations to avoid having to foreclose on the property.
It may seem counterintuitive, but a lender may not want to foreclose on a property because the foreclosure process is expensive and time-consuming for the lender. In today’s market with foreclosures on the rise, lenders are becoming more and more willing to negotiate short sales.
Real estate agents may be enlisted by sellers who are at risk of being foreclosed to help market their properties and find potential purchasers. And just as in any sale, brokers are entitled to commissions on the short sales of properties.
Finding a competent attorney with experience in short sales is important because there are many ramifications of short sales that people may not immediately consider. For example, debt forgiveness may be considered income which would be taxed at the seller’s ordinary income tax rate. Also, in addition to paying off the lender, there are various closing costs which will need to be paid as part of the sale such as transfer taxes, real estate agent commissions, legal fees and any judgments and/or liens against the sellers. All of these closing costs need to be considered in determining the short sale price.
With foreclosure rates on the rise, adjustable rate mortgages scheduled to be re-set and property values on the decline, many property owners may avoid foreclosure by entering into such short sales.
The Law Offices of James G. Dibbini has experience in the negotiation of short sales and will ensure that all parties work together toward a favorable settlement. For legal representation for your sellers or buyers in short sales or for more information regarding short sales in general, please do not hesitate to contact our office.
7 Mistakes Buyers Make When Purchasing a Home And How You Can Avoid Them
UncategorizedFor most people purchasing a home is very exciting. However, if a buyer is not adequately prepared it can become frustrating fast. Many people have bad experiences purchasing homes because they make common mistakes that can be easily avoided if a homebuyer is properly prepared. Below, please find a list of seven (7) of the most common mistakes purchasers make when buying a home.
1. Failing to confide in your attorney
• Experienced real estate practitioners, like the attorneys at James G. Dibbini & Associates, P.C., handle a multitude of transactions and can provide you with sound advice. Further, your attorney has a legal responsibility to represent your best interests. Failing to provide your attorney with all the information and failing to keep them in the loop with regard to important developments, such as your financing, can be detrimental to a deal.
– Whenever purchasers are having cold feet or cannot meet a lender’s requirements they should immediately discuss same with their attorney so that the attorney can protect their downpayment funds.
2. Failing to meet with a qualified loan officer or mortgage broker to determine the amount of financing you can obtain
• Meeting with a lender at the beginning stages will help purchasers in determining (1) how much they will be able to borrow, (2) how much they will need for the downpayment, and (3) how much their monthly payments are likely to be. Looking for a home will, thus, become easier because the purchasers will know if they can obtain financing and the price range they can consider when purchasing a property. Further, a lender can advise a purchaser on what documents/information it will need so that the purchaser can start gathering said documents/information. This will most likely speed up the application process later on when the purchaser finds a home.
• James G. Dibbini & Associates, P.C. works with only very qualified and competent mortgage brokers and loan officers and can certainly recommend someone to you if you need assistance with the loan process.
3. Failing to go to the Building Department
• The Building Department in the local municipality where the property is located should have a file on the property. This file should contain several important documents that can assist you later on, including: a copy of the certificates of occupancy/completion for the building, a copy of a survey for the premises, and information on whether there are any violations or permits on the property. Your real estate agent may help you with the review of the Building Department documents. Failing to go to the Building Department and obtain copies of these documents can significantly delay, and in some cases, prevent a closing altogether. This is because if you are obtaining financing to assist in the purchase of a home your lender will require certificates of compliance for the building and all improvements to the property, such as a deck or a basement that was finished after the original construction of the house. Further, a lender will oftentimes not clear a file to close if there are open permits or violations on a property. When the title company produces its report these issues will all be brought to the forefront and will need to be addressed.
Additionally, if you are obtaining financing a lender will usually require a survey of the premises. If a purchaser is able to locate one in the Building Department’s file it can end up saving the purchaser the cost of ordering a new survey (several hundred dollars!).
4. Failing to account for additional expenses, such as taxes, insurance, utilities, etc.
• Purchasers should always look into all possible costs and expenses they may incur prior to signing contracts and consider increases in these estimates over time. To get an idea of how much you will be paying in property taxes it is a good idea to call the local assessor’s office or talk to people in the neighborhood. Additionally, a realtor may be able to assist you in obtaining copies of a seller’s property tax bills and other utility bills. You should also be able to get a quote on homeowner’s insurance from an insurance company and see if they can determine if the property is in a flood zone, as that will additionally require flood insurance.
5. Failing to get an engineering (home) inspection
• Before signing contracts it is advisable that you hire an engineer or qualified home inspector to inspect the home so that you are aware of any defects. An inspector can check to ensure there are no structural or mechanical defects, in addition to determining if the home has a mold, lead paint, termites or s radon problem. Furthermore, the inspector can determine if an underground oil tank exists on the property. If so, said tank should also be tested by an experienced professional. A leak in an underground oil tank is an environmental issue that by law must be dealt with immediately and which can be extremely costly. If the property you are purchasing has well water or a septic tank these systems should also be tested. Failing to hire an inspector in an effort to save some money can end up being more costly later on.
6. Failing to realistically estimate all closing expenses
• Oftentimes, a purchaser does not take into account the various lender and title charges that accompany the purchase of a home. At closing these charges are all due in addition to attorney’s fees and the balance that needs to be paid to the seller, if any. In an effort to realistically estimate all of your closing expenses you should remember that all lender fees and short term interest will be subtracted from the loan amount prior to receiving any funds from the bank. Thus, you will need to make up this difference at closing. Furthermore, if you are escrowing for taxes and insurance at closing (which most lenders require) you will need to pay any taxes that will be due within sixty (60) days of the closing at the closing. These taxes will be added to your title insurance bill. The title insurance bill will also contain all fees related to recording the deed and mortgage with the County Clerk and the mortgage tax charged by the State, in addition to the title charges for the title and loan policy and for the title searches.
7. Failing to do an adequate walk-through prior to closing
• Purchasers should always do a careful inspection of the premises immediately preceding a closing. Generally, this will be your last chance to bring up any issues, such as an inoperable appliance, damage to the property, or a missing chandelier that was supposed to be included in the sale. It is generally too late if these issues are discovered after closing and a purchaser could get stuck purchasing a new appliance, replacing the missing chandelier, or clearing out the seller’s property, which was left behind, at the purchaser’s own cost and expense.
Buying your first home can definitely seem overwhelming and stressful at times. But if you go into the process having already done your homework and with a competent and trusted attorney, you can protect yourself from all of these mistakes. Please contact James G. Dibbini & Associates, P.C. to discuss these mistakes and other issues that may arise when purchasing a home. Our firm has over nineteen years experience with real estate transactions and would be happy to assist you in the purchase of your new home.
Tax Certiorari
UncategorizedAs a property owner, the real estate taxes you pay are based on your property’s assessment. Your property’s assessment is set annually by the local municipality where your property is located and, according to New York State Real Property Law, is supposed to be based on your property’s fair market value. Sometimes properties are fairly assessed and property owners are paying their equitable share of real estate taxes. However, other times properties are over-assessed in which case property owners are paying more than their equitable share of real estate taxes.
With the help of James G. Dibbini & Associates, P.C., it is possible to protest your property’s assessment by petitioning your local municipality in what is called a tax certiorari or tax grievance proceeding. Whether you are a developer, property owner or manager of residential, commercial or retail properties, our office can help you bring a tax certiorari proceeding which may result in a reduction in your property’s assessment and your property tax burden.
How do you know if you are entitled to a reduction? Before we commence a tax certiorari proceeding on your behalf, we analyze your case and determine your likelihood of prevailing in getting an assessment reduction. With respect to commercial properties, many variables determine the proper assessment. Since these variables are constantly changing it is imperative that property owners and managers evaluate the possibility of grieving their assessments each and every year. If you would like us to help you determine if you may be entitled to an assessment reduction (and therefore a tax savings), please click here to fill out the form and submit to our office so that we can make a preliminary evaluation of the merits of your case. If we determine that your property is likely overassessed,
we will petition the local municipality and negotiate on your behalf to try to obtain the largest reduction possible.
Our firm’s legal fee for contesting your assessment is contingent on whether your assessment gets reduced. Like most tax certiorari attorneys, our office would typically be compensated out of your tax refund.
Please keep in mind that each municipality has a tax certiorari filing deadline and suggest if you are concerned you may be paying too much in taxes, to contact us as soon as possible.
For more information about possible real estate tax savings, please do not hesitate to contact James G. Dibbini at (914) 965-1011 or email jdibbini@dibbinilaw.com or please click here to fill out the form and submit to our office so that we can make a preliminary evaluation of the merits of your case.
Popping the AirBnB Balloon: Evicting Home-Sharing Tenants and Subtenants
UncategorizedOn October 21, 2016, Governor Andrew Cuomo signed a law passed by legislators in Albany which imposes fines of up to $7,500.00 on anyone who advertises the occupancy or use of an apartment subject to the New York State Multiple Dwelling Law for short-term rentals on a home-sharing websites such as Airbnb or Wimdu. In response, the home-sharing website Airbnb has filed a federal lawsuit contending the new law would cause it “irreparable harm,” and claims the law violates their constitutional rights.
The rise of home-sharing websites and their use by New York renters who seek to turn their often rent stabilized rental apartments into mini-hotels raises many legal and practical issues for landlords, such as illegal subletting rights of tenants and property owner exposure to liability. In this article we will discuss the new law’s application, and some issues landlords should be aware of.
This recent change in the law highlights a new and growing trend of tenants looking to sublet their apartments to supplement their income and pay a share of their rent. Short-term subleases, especially those arranged without the Landlord’s knowledge and consent, present unique issues for Landlords.
Under the New York State Multiple Dwelling Law, generally, buildings with three or more apartments may only be used for “permanent resident purposes.” This means landlords, or individuals seeking to sublet, are prohibited by law from offering rentals for any period less than 30 days. Additionally, most Lease Agreements include a provision that the Tenant may not sublet the premises to another party without first obtaining the Landlord’s written permission. . Landlords should take such violations of leases seriously and consult an attorney to discuss options to correct the breach and evict the wrongdoer tenant.
Covenants, conditions, and restrictions (CC&R’s) of condominiums and proprietary leases and by-laws of cooperative apartments may also restrict the right to sublet. Where the right to sublet is restricted, and no notice of the sublet is provided to the landlord, tenants and subtenants may be evicted.
Landlords should further consider the effect of short-term rentals on their insurance policies. Homeowner’s policies could be invalidated by failing to notify the insurer of a tenant or subtenant. Landlord’s policies also may not provide coverage for claims brought by subtenants of whom the Landlord was unaware. Landlords should check their insurance policies to determine if they have coverage for claims by subtenants.
Landlords must be wary of illegal sublets and tenants who turn their apartments into illegal hotels. Fortunately, New York State eviction law can protect Landlords from the significant liability exposure caused by such tenants.
If you need to evict a tenant or subtenant, or have any questions or concerns about your property being used for home-sharing purposes, please contact our office.
James G. Dibbini & Associates, P.C., collectively, has over 20 years of experience in Landlord/tenant law. If you want have any questions about how home-sharing could affect your property, give us a call at (914) 965-1011, or email us at jdibbini@dibbinilaw.com to schedule a consultation.
Filing Mandatory Income and Expense Statements
UncategorizedIn both New York City and the City of Yonkers, owners of income-producing property must file Income and Expense statements. Failing to file these statements could result in penalties.
The New York City Department of Finance requires owners of certain types of income-producing property to file a Real Property Income and Expense statement if the actual assessed value of the property is more than $40,000.00. The Department of Finance uses the information to estimate the market value of the property for tax purposes.
Generally, owners of the following major categories of properties are required to file:
The NYC Department of Finance advises that even if an owner’s property is exempted from the filing requirement, it may still be in the best interest of the owner to provide the information anyway. Owners may file their Real Property Income and Expense statement electronically with the New York City Department of Finance. The deadline for filing Real Property Income and Expense statements for the 2016-2017 tax year was June 1, 2016.
Failing to timely file a Real Property Income and Expense statement may result in a denial of a Tax Commission hearing to review your property’s assessment for the subsequent tax year. Further, the New York City Department of Finance may substantially increase the owner’s real estate tax assessment for that year. In addition to the above, the New York City Department of Finance is authorized to impose substantial monetary penalties for failure to file a Real Property Income and Expense statement.
In the City of Yonkers, Local Law #9 of 1993 requires a person or entity owning or leasing income-producing property to file an annual, Income and Expense statement with the City of Yonkers Assessment Department. Property owners that receive rental income from various types of property – including apartment houses, garages, commercial and professional condominiums, fueling stations, and rented commercial, and/or professional space in residential condos or cooperative apartments – are subject to filing the Income and Expense form.
Despite this extensive list, certain types of property will not require an Income and Expense statement to be filed. Although a specific property does not require a filing, the property owner must still file an exclusion form.
James G. Dibbini & Associates, P.C., collectively, has over 20 years of experience in real estate law. If you want have any questions about your mandatory filings, or would like our office to prepare and file the statements on your behalf, please call us at (914) 965-1011, or email us at jdibbini@dibbinilaw.com, to schedule a consultation.
Ways to Stop Paying For Private Mortgage Insurance
UncategorizedWhat Multi-Unit Property Owners Should Know About the DHCR
UncategorizedDo You Need a Power of Attorney?
UncategorizedAre you going to be unavailable to attend your real estate closing? Will you be going into a complicated surgery and want to ensure someone will be able to act on your behalf? These are common situations in which people execute power of attorney (POA) contracts.
A POA is a legal contract where you, the principal, grant an agent the authority to make decisions on your behalf. A POA creates a “fiduciary relationship” where an agent is bound by law to act in your best interest. You choose the scope of authority given to an agent and you should always take precautions to define this clearly in any POA contract.
Before September 1, 2009, there were different forms a principal would have to execute depending on when he/she wanted the POA to go into effect, the scope of the POA, whether or not it would be revoked if the principal became incapacitated, etc. Now there is one form, the New York Statutory Short Form Power of Attorney, you as principal need to fill out and execute in order to grant a POA. On this form you can modify it in several ways including limiting the agent’s power, controlling when the POA goes into effect and whether it stays in effect in the event you become incapacitated. However, under the NY Statutory Short Form POA, the agent cannot make health care decisions for you. In order for the agent to make such decisions, you and the agent will have to execute a Health Care Proxy.
Usually, in New York, a POA does not need to be recorded with the County Clerk’s office unless it is being utilized in a real estate transaction.
POAs can be a very helpful and effective estate planning tool but they must be drafted carefully and it is crucial that each principal have a clear understanding of his/her rights under the POA.
James G. Dibbini & Associates, P.C., collectively, has over 20 years of experience preparing and executing POA contracts. If you need help with your POA or other areas of life and estate planning, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to learn more.
I Want to Start A Legal Action, Now What?: The Stages of Litigation
UncategorizedDeciding whether to hire an attorney and start a lawsuit against someone who has wronged you can be stressful and a little intimidating if you are not familiar with the stages of litigation. However, we have found that once we help our clients develop a legal strategy and walk them through the steps of litigation, they are a little less stressed with the process. Overall, there are three stages in the timeline of a case:
This breakdown is a general overview of the litigation process and it is important to note that litigation can take some time. From the filing of the Complaint to the trial stage it can take anywhere from six months to a few years depending on the type of case, number of parties, financial position of the parties, etc.
James G. Dibbini & Associates, P.C., collectively, has over 20 years of civil litigation experience. If you want us to help you develop your legal strategy or go over the litigation process in more detail, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation.
WHEN THERE’S A WILL, THERE’S A WAY!
UncategorizedDay after day, month after month, and year after year we are planning – planning meetings, planning our anniversary celebration, planning a birthday party, planning that vacation. When it comes to being prepared for our death, however, and making preparations for caring for loved ones after we are gone, we are breathtakingly unprepared. While we all recognize the importance of planning for when we pass, it is estimated that over 60% of adults in the United States do not have a will and/or advanced directives in place.
Executing a will and advanced directives (living will, health care proxy and power of attorney) is the first of many steps in terms of planning your estate. In this newsletter, we are going to discuss what a will is, why it is important and why you should have an attorney draft it for you. We will go into more detail about the advanced directives and other estate planning techniques in upcoming newsletters.
What is a will?
A will is a legal document in which the “testator” (the person making the will) sets forth how the testator’s property is to be distributed at death and to whom the property should be distributed. A will also allows the testator to appoint one or more persons to manage the testator’s estate and carry out the testator’s wishes. A will must be drafted and executed in accordance with the New York Estate, Powers and Trusts Law (New York EPTL) or it may be deemed invalid, especially if someone challenges it.
Why do I need a will?
Any adult should have a will in place. Having a will is important because it allows you to have control over the distribution of your assets after death. If you do not have a will, then your estate will be distributed according to the New York EPTL, which may not exactly be how you would desire your assets be distributed upon your death.
If you should pass while your children are still minors (underage), a properly drafted will could place your assets into a Testamentary Trust, which could provide for your children’s care until they are adults and/or could protect the assets against creditors. In addition, should a minor child survive you, the Surrogate’s court will appoint a guardian to the minor. While the Surrogate’s Court decides who to appoint as guardian, your wishes as to who should be appointed guardian, if stated in a will, is considered by the court.
Your will also states who will be the person that oversees the distribution of your estate and ensure that your wishes are carried out. This person is known as the “executor” of your estate and is appointed by you through your will. Without a will, anyone with an interest in your estate under the New York EPTL may petition the Surrogate’s Court and ask to be appointed to oversee your estate and assets. This may lead to litigation should multiple individuals ask to be appointed to oversee your estate. The more litigation surrounding your estate, the more estate assets will be used to pay legal fees and court costs. Having a will in place may alleviate some of the expense and complexities of administering your estate through the Surrogate’s Court after you are gone.
Why should I have an attorney draft my will?
The New York EPTL is very specific about how a will must be drafted and signed, and a few of the requirements that must be strictly adhered to include: the testator must be 18 years of age or older (or a lawfully married minor); the testator must be of sound mind; the will must be in writing and signed at the end by the testator; and there must be two witnesses to the execution of the will.
There are plenty “do-it-yourself” legal websites that claim to provide drafting services and the legal documents you need for your will. However, if your will is not in strict compliance with the New York EPTL, it is invalid and your estate will be administered as if you do not have a will.
Proper drafting, execution and compliance with New York EPTL requirements are just a few of the many reasons why we, as your attorney, can ensure that you have a will that is acceptable by the Surrogate’s Court, will be difficult to contest, and adequately sets forth your wishes as to how your estate should be distributed to your loved ones. Practicing wills, trusts and estates law, James G. Dibbini & Associates, P.C. has the experience, knowledge, and expertise to navigate you through the complicated and overwhelming wealth of laws, cases and information on wills and other estate planning matters. If you need a will and/or advanced directives drafted, or you have any questions regarding a will, trusts and estates matter, let us help you. Give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation.
This James G. Dibbini & Associates, P.C. Newsletter is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This newsletter offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar out- come. This publication may contain attorney advertising.