Guardian ad Litem Appointment Process for Minor Settlements in New York
Detailed Answer Overview. In New York, when a lawsuit or claim involves a minor (an individual under age 18), courts will take steps to protect the minor’s interests before approving any settlement. If the court determines the minor needs independent representation for the purpose of evaluating or approving a settlement, it will appoint a guardian […]
Read article →Accessing a Child’s Settlement Funds Early in New York: Can Parents Use Money for College or Medical Expenses?
Can a parent access a child’s settlement money early for college or medical expenses? Short answer: Under New York practice, you often cannot unilaterally spend a minor’s settlement funds. To use settlement money for college or medical expenses before the child turns 18, you generally must get the court’s approval or place the funds in […]
Read article →How to ensure a wrongful death settlement is filed and split correctly in New York
How to make sure a wrongful death settlement is filed and distributed correctly in New York Short answer: Confirm who has legal authority to settle, get a clear written settlement agreement describing exactly how the money will be paid and split, obtain any necessary court approval (especially when an estate is open, minors or incapacitated […]
Read article →How to Get a Diminished Value Appraisal for Your Vehicle in New York
Purpose: This FAQ-style article explains how to get a diminished-value appraisal for your vehicle under New York law, what to expect from the appraisal, and how to use the appraisal with your insurer or the at-fault driver. It uses a short hypothetical to illustrate the steps. Quick hypothetical to frame the answer Imagine your 2018 […]
Read article →How Prior Accidents Affect Truck Diminished Value Claims — New York
Detailed answer Short answer: prior accidents that occurred before you owned a truck can reduce or even eliminate a diminished value claim after a later crash. New York law allows a vehicle owner to seek compensation for loss in market value caused by a particular accident, but the owner must prove the loss was caused […]
Read article →New York: What to Do If a Nominated Personal Representative (Uncle) Refuses to Renounce
Disclaimer: This article is educational only and is not legal advice. If you need help applying the law to your situation, consult a licensed New York attorney or contact the Surrogate's Court in the county where the decedent lived. Detailed Answer — What to do when a nominated personal representative refuses to sign a renunciation […]
Read article →Setting Up an Annuity for a Child’s Settlement Funds in New York
Detailed answer If you have settlement money that will be held for a child, one common way to provide ongoing, reliable payments is to fund an annuity or set up a structured payment arrangement that an insurance company will pay over time. Under New York practice, you generally must protect a minor’s money through a […]
Read article →Including an Out‑of‑State House in a New York Will — What You Need to Know
Detailed answer: How to include real estate located outside New York in a New York will This article explains, in plain language, how to make a New York will that deals with a house you own outside New York. It covers what works, what can create problems, and practical steps to make sure your wishes […]
Read article →Challenging Power of Attorney Transfers in New York: When and How to Act
Can you challenge transfers made under a power of attorney if you suspect the principal lacked capacity? Short answer: Yes. Under New York law you can challenge transfers an agent made under a power of attorney (POA) if you reasonably believe the principal (for example, your grandfather) lacked the mental capacity to grant or authorize […]
Read article →Proving Ongoing Pain and Future Care Needs for Higher Compensation in New York
How to Prove Ongoing Pain and Future Care Needs to Support a Larger Injury Claim in New York Disclaimer: This is general information and not legal advice. Consult a licensed New York attorney about your specific situation. Detailed answer If you want a settlement or jury award that accounts for ongoing pain and future care, […]
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