The Latest News 2014

What are the Real Implications of the Supreme Court’s Ruling on DOMA?
The Federal Defense of Marriage Act, usually called DOMA, is a multi-section law enacted in 1996 permitting states to make legal decisions concerning same-sex marriages. Section 3 of DOMA related specifically to federal benefits and until June of 2013, barred same-sex spouses from receiving the benefits for which other married couples qualified. By striking down DOMA, the Court ordered the federal government to leave the definition of marriage to the States. The Supreme Court ruling was in response to a specific case, but its implications were a major step toward equalizing the availability of federal benefits. However, there are still challenges for same-sex married couples depending on the state in which they live and whether or not that state recognizes their marriage. Many couples have traveled out of state to be married, but continue to live in states where same-sex marriage is not allowed. According to the Human Rights Campaign there are 1,138 benefits, rights, and protections provided on the basis of marital status in federal law. Many federal agencies determine whether or not spouses are entitled to benefits based on whether their state of residence recognizes the couple as legally married.

Tax Implications
The biggest tax implication of the Supreme Court’s DOMA decision is that the marital deduction now applies to same-sex couples, and spouses are permitted to transfer assets to each other tax-free when they are living or after they die. Same-sex couples are also entitled to file a joint tax return. Couples might also be permitted to amend previous tax returns within the statute of limitations. These changes mean same-sex couples are also vulnerable to the tax penalties that come with marriage. Higher tax rates kick in lower for married couples than they do for singles. Additionally, issues might arise due to recent tax changes regarding the Affordable Care Act, changes to the maximum tax rates under the fiscal cliff deal, and the recent resuscitation of the limitation on personal and itemized deductions of high earners. Now, same-sex couples will struggle with the same marriage tax penalty pitfalls as male-female couples. It is important to consult with an experienced accountant to better understand the tax implications benefits and pitfalls.

Implications for Employers
Additionally, federal benefits that apply to an employee’s spouse now extend to same-sex spouses in marriages that are legally recognized. Employers employing people who are part of same-sex marriages will need to evaluate their current retirement benefits, health benefits, and family leave programs. Federal tax law now treats health benefits for same-sex couples the same as the employee’s health insurance – meaning it is tax-free and no longer requires payroll tax deductions. It might also be necessary for employees to change beneficiaries since legal spouses are default beneficiaries. COBRA and family medical leave benefits also now extend to same-sex couples. There are state-to-state variations, so it is important for same-sex couples and those working with same-sex couples to ensure they fully understand the effects of the new law. If you have questions, consult an attorney familiar with DOMA regulations.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

Marriage is a challenge and not all couples are meant to stay together forever. According to the Forest Institute of Professional Psychology in Springfield, Missouri, half of all first marriages end in divorce. Data also shows people are not learning from their mistakes – second marriages tend to end at a rate of more than 65% and nearly one-third of all third marriages end in divorce.

Fortunately, legally ending a marriage and starting a new life is an option, but the process can be complex. If you are considering divorce or you and your spouse have decided the time has come to end your marriage, there are several things you should know concerning your marital rights:

No-Fault Divorce is an Option
No-fault divorce refers to the ending of a marriage where neither party is accusing the other of marital misconduct. If you and your spouse simply grow apart or determine together for whatever reason you no longer wish to be married, no-fault divorce is the best option. Both parties are held equally accountable for the end of the marriage.

Marital Misconduct Plays a Role in Divorce Settlements
Should your desire to divorce arise because of some transgression committed by your spouse, you have the right to assert marital misconduct. This might entitle you to a greater settlement in the divorce. Examples of marital misconduct include abusive behavior, adultery, addiction to drugs or alcohol, or economic fault. Keep in mind these transgressions can also affect child custody, as well as the division of marital assets and spousal support.

It is within the Court’s Power to Force an Attempt to Reconcile
As much as either you or your spouse might want to end your marriage, the court system does have the power to order reconciliation if you or your spouse denies the marriage is irretrievably broken. There are also instances in which an attempt to reconcile is ordered if there are minor children in the family.

Typically, the court delays divorce proceedings for a few months, during which time couples are required to attend counseling or mediation. It does not mean the court can force you to stay married forever, but it can delay the divorce and require that you make an effort to repair your marriage.

If you are considering divorce or you have questions about the best way to end your marriage, it is important you speak with a qualified divorce attorney. He or she can guide you toward the right decisions and ensure your rights are protected during the divorce process.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

It might seem as if the term “family lawyer” would be used to describe an attorney who works for everyone in a family or a person who is a member of your family and happens to work as an attorney. Though these scenarios are possible, the term “family lawyer” is actually someone who specializes in family law. The field of family law relates to topics including divorce, custody, visitation rights, spousal and child support, division of assets in divorce, protection from abuse, and paternity issues.

Many family lawyers choose their field because they want to work with the “human side” of the law. It can be extremely challenging to practice family law because attorneys must connect with and support their clients during very emotional times in life. Family lawyers see people at their best and worst, and help these people transition through some of the most challenging phases of life. Despite its challenges, most family lawyers find a great deal of emotional reward in their work.

What Makes a Good Family Lawyer?
Like all attorneys, some family lawyers are more talented and successful than their peers. The best family lawyers have top-notch skills when it comes to negotiation and litigation. They must be good at time management and understand interpersonal communication. In addition to legal counsel, family lawyers often provide emotional support during a client’s most challenging life events. It also helps if a family attorney has an understanding of financial and real estate laws, though most attorneys have a network of expert resources at their disposal when questions arise.

As families continue to evolve, the practice of family law also changes. This includes handling the issues of same sex unions and their resulting families, for which the traditional legal system is still adjusting. Trends in the field of family law also include mediation and collaborative law, a practice that helps couples divorce and legally separate without traditional litigation. A family law attorney’s role is different in cases where collaborative law is used, as opposed to litigation. In some cases, the lawyer might even act as a mediator and work for both partners, as opposed to representing one or the other. It is important to find an attorney that you are comfortable with but has training in these areas. More divorce attorneys are representing that they will follow a collaborative approach but do not truly understand the dynamics nor have they been trained in this discipline.

Nearly 50% of all first marriages end in divorce. The odds are even greater for second and third marriages. Approximately 40% of all couples in the United States are step couples. The ongoing making and breaking of families creates complicated family ties and creates a need for legal protection as things change. Family lawyers provide the guidance and support these changing families need.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

Avoid boundary disputes and other title issues long before you are at the closing table. Selling your home and finding a buyer is stressful enough. Do not lose your Buyer or jeopardizing the closing by a title problem that could have been foreseen and remedied far in advance of closing.

Avoid Certificate of Occupancy (CO), Certificate of Completion (CC), Open Permits, boundary disputes and other title issues long before you are at the closing table. Before you put your house on the market consult your attorney and review what changes may have been made to the original foot print of your home as well as fences, decks, shed and pools that may become an issue. This is also true of items that MAY HAVE BEEN PRESENT when you bought your home but may be an impediment to your sale. Just because it existed at the time of your purchase DOES NOT mean it will not be a problem when you are ready to sell your home.

Most purchasers and their banks will not close if the proper COs CCs and Permits are not in place for the home as it currently exists. All Lenders require Title insurance before they will give a mortgage. All Purchasers should obtain Title Insurance as well. Title companies will refuse to insure a property’s title if a fence or other structure prevents the owner from accessing a portion of the property or if there is a significant encroachment by an adjoining property. Generally, this means that if a fence or structure sits more than 1 foot within your property line, you have a title problem. It does not matter if you installed the fence, who owns the fence, or if existed at the time you purchased your home. Without title insurance, a home simply will not be sold.

If you or your neighbor are planning a change near the property line such as putting up a fence, a shed, privacy/ boundary landscaping such as arborvitae, hedges, or bamboo (highly NOT recommended for other reasons), widening a driveway, other landscape features such as a flower bed or any other installations near the property line, make sure you have a survey of your property to consult. If you do not have a survey or have misplaced your survey, there may be one on file with your town or village building department. If none is on file, my offices can help you identify a surveyor who will prepare a new survey. Towns have different regulations regarding setbacks and heights of placements sheds decks as well as fencing. Also be sure to check with your town before taking action on any plans.

Be sure to measure the placement of the any new installation and compare it with the survey. If there is a disagreement or uncertainty, have an independent professional determine the correct placement of the structure. The survey can then be updated to include the new structure. Some towns now require a new survey after the installation of a deck for instance before they will issue a CC. You may think there is no need to address these details because you get currently along with your neighbors. However many things change over time, relationships change, neighbors may move, and there’s no guarantee what new homeowners will require or if there is a discrepancy the new neighbor may take action without consultation. Ensuring that fences and other structures are properly placed can avoid litigation and title problems. The types of issues that could lose a potential Buyer even at the closing table or possible make your house unmarketable. Taking care of these issues ahead of time may save substantial time and money as well as aggravation at a very stressful time. It also may avoid causing a significant delay in your own moving plans. It may also avoid having to get neighbors’ cooperation in signing and record a vital boundary line affidavits or agreements before you can sell. This will require not only cooperation but will cost money and time, often when time is of the essence for you.

Address these issues before you sell your home and before they ripen into a real title problem.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844.

New York State recently made sweeping changes to its estate tax laws.

There has been an increase to the “exclusion amount” for state residents dying on or after April 1, 2014. The new exclusion amount will be $2,062,500. This exclusion amount will also increase annually as follows: April 1, 2015 – $3,125,000; April 1, 2016 – $4,187,500; April 1, 2017 – $5,125,000.

In 2019, specifically January 1, 2019, the NY State exclusion amount will follow the Federal exclusion amount. Currently the Federal exclusion amount is $5,340,000. The Federal exclusion amount is also indexed for inflation.

These new changes have also closed a loophole. Previously certain trusts avoided New York State income tax when they were established by New York residents but the trustees and the assets were located outside New York. This is no longer the case.

Further Gifts made after April 1, 2014 but made within 3 years of death are now added to the taxable estate. However Gifts made on or after January 1, 2019 will not be added to the taxable estate.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844.

According to the US Census Bureau, couples marrying today have a 50% chance of their marriage ending in divorce. Many of these marriages are between parents and 40% of children will be affected by divorce before reaching adulthood.

When couples with children divorce, their first priority is often the well-being of the children. Sometimes, unhappy couples even choose to stay together because they believe it is the best thing for their children. When a separation or divorce is the best option for the family, effort should be made to protect the most vulnerable members of the family. What can you do to protect your children when you separate from or divorce your partner?

Transition Phase
The process of divorce is stressful for the entire family, but it can be easier if it is handled well. Couples have the option of working together to alter their existing relationship. The inclination during a divorce is to “get rid of your partner” or pay him or her back for any perceived wrongs. Unfortunately, especially for the children, this causes more harm than good in the long run.

During your divorce or separation, do your best to protect your children by working with your soon-to-be-ex to devise an arrangement that is best for everyone. Try to be fair and try not to let your emotional wounds affect your child’s relationship with his or her parent. When possible, avoid a lengthy legal battle. Children should never be used by one parent against the other to address a wrong or as leverage for results in a separation or divorce. This is extremely harmful to the child and often is never successful in obtaining a resolution to the matter.

Family counseling and counseling for the children is highly recommended. Making sure children have the support system and resources available to them to navigate this life changing transition is extremely important.

Custody and Visitation
Protecting your child from harm should be your first priority. If your soon-to-be-former partner has behaved in a manner that put your child at risk, you have every right to protect your child in the future. However, there is a difference between a child being at risk and a child spending time with someone whom you are upset or angry with. Just because your partner hurt you should not mean your child will benefit from estrangement from his or her parent.

Working together to create a custody or visitation arrangement that helps your child feel comfortable and supported is the healthiest type of transition for a child. If he or she is old enough to discuss custody or visitation, take his or her feelings into account when creating an arrangement. Ideally, children will feel just as loved and supported after a separation or divorce as they did when the family was intact.

Finally, speak with your child about responsibility. It is important for children to understand they did nothing to cause the break up of the family.

No matter your personal situation, your children should be protected from the changes in your relationship with your significant other. Working with an experienced family lawyer helps you transition to separation or divorce with as little turmoil as possible. Share your concerns about your child’s safety and well-being with your attorney and he or she can help you determine the steps to take to protect your child.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844.

The Internal Revenue Service estimates that about 99% of all businesses in the United States are “small,” with fewer than 500 employees. There are approximately 30 million businesses with fewer than 10 employees, making small business one of the driving forces of the United States economy. Unfortunately, at one time or another, nearly every one of these businesses has likely dealt with collections issues.

It can be tough for small business owners to deal with debt collection because they do not have the same resources available as do large corporations. Unfortunately, this often results in small business owners giving up and not pursuing receivables to which they are entitled. There are ways to protect and collect these receivables without it taking up significant time and resources, but you first need to understand legal debt collection.

Having a written contract, Invoice or memorandum of the transaction is important
Having a written contract is important. A written contract makes enforcement of the debt easier. Including a provision in your contract or invoice for recovery of interest, collection costs and attorney fees can be extremely important to your bottom line when choosing to pursue outstanding receivables. Especially in states like New York where recovery of these additional costs must be in writing. Adding the costs of collections to the original debt can make recovery of outstanding receivables more profitable for your business.

Older Accounts are More Difficult to Collect
The longer a debt goes unpaid the more difficult it is to collect. However, certain debts typically take longer to recover than others even when there is no problem. Government accounts and medical accounts typically take anywhere from 60 to 90 days to receive payment, so as a small business owner faced with either situation, you can hold off on contacting a collection agency or taking legal action in these cases.

One of the biggest challenges faced by small businesses is their lack of an official collections department. The business’s accounts receivable clerk is also its collector, which means collections are not their only priority. Sometimes, local credit bureaus offer free support for small business, but this is not always the case and might ultimately not be that much more efficient than just muddling through.

Many times handing your matter over to a collection attorney sooner will enable a debt to be collected before it becomes truly uncollectible.

Another problem small businesses sometimes have when it comes to collecting receivables is not understanding their state’s Check Law. Before accepting checks as payment and before pursuing an unpaid account, be sure you understand your state’s laws governing the procedures for accepting checks.

Establish a System
If you are looking for a simple, organized method with which to deal with collecting receivables, put the following procedure into place:

• At 30 and 60 days past due, send out past due payment notices. In addition to written notice, phone calls should also be placed.
• If no arrangements are made for payment by 90 days past due, you can send out a pre-collect notice with various options. This tells the debtor you are flexible, but that further legal action should be expected soon if the account is not settled.
• If there is still no action, you can either turn the account over to a collection Attorney or take the account to court yourself. Pursuing a debt through litigation can be time consuming, but it is often the best way to recover what is due to your business. Using an experienced attorney will also reduce the time you will need to spend on trying to collect the debt
  
  If you are struggling with collection of receivables or you have questions concerning your rights as a small business owner, contact an attorney that specializes in debt recovery and collection.
  
  If you need help in this area or have question contact attorney SPIRIO at 631-277-8844.

According to US Census data*, homeownership rates have steadily increased in the United States over the last century. In 1910, approximately 46% of families owned a home. By 2000, that number had increased to more than 66%. In some states, nearly three-quarters of all adult citizens own homes. Chances are, if you do not currently own a home or you have not begun searching for a home to buy, you will do so in the next few years. The real estate market tends to ebb and flow, making housing one of the most solid investments available.

If you have made the decision to purchase your first home, what do you need to know?

Working with a Real Estate Agent can be a Smart Move
As a first time homebuyer, you might be tempted to “go it alone.” You have no house to list and sell, so your main priorities are finding a home, making an offer, and securing a mortgage. It is possible to do this without the assistance of a real estate agent and there is tremendous access now through the internet. However you can use an agent to help focus your search so you are only looking at homes that fit your wishes, desires and absolute necessities.

Most new homebuyers are under the impression they must pay an agent a fee to help them buy a home. The truth is the buyer’s agent is paid from the commission of the seller’s agent. So while you might think you do not need an agent to help you buy a home, you can benefit from an agent’s expertise and it will not cost you any money. However you must be aware that the real estate agent represents the seller’s interests. Therefore it VERY important that before you sign a binder or offer you consult an attorney.

Finding the Right Home Can be Tough
If you have begun your search and have yet to find the home of your dreams, do not despair. Finding a perfect home is nearly impossible. Most homebuyers are forced to compromise, but smart homebuyers know what compromises to make and which things to hold firm on. If you are able to find a home you like in your price range in your ideal location, consider yourself very lucky. Expecting to find a home with every feature on your list or haggling over small cosmetic issues can extend your home search and cost you a home that makes you happy.

Mortgage Pre-Approval Should Be Your First Step
Many new buyers assume they should begin their home buying process by searching for a home. Though it does not hurt to browse homes on the Internet, you should apply for mortgage pre-approval before you begin your official search. Not only does this allow you to know what you can afford, it lets sellers know you are serious and capable of buying their home. It is also important to understand your own budget and the total costs involved in purchasing your new home.

Importance of Having an Attorney
Purchasing a home for most people is the single biggest investment they will make during their lifetime. It is important to have an experienced attorney guide you through the process. An attorney will represent you through negotiating all the terms of the contract to purchase the property, the signing of the contract through the actual closing of title, when all your mortgage papers are signed and the house officially becomes your home. There are many things involved in type of transaction from beginning to end so it is important that you have an experienced attorney at your side that you trust and feel comfortable with.

First time home buying can be stressful, but it is also very exciting. By planning ahead and making smart choices, your home buying experience can be one that you remember fondly.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844.

* http://www.census.gov/housing/hvs/files/qtr413/hown413.png
* http://www.census.gov/hhes/www/housing/census/historic/owner.html