Law Office of Robert Howe

What It Means to Create a Trust in New York Creating a trust in New York is a powerful estate planning tool that allows individuals to manage and protect their assets during their lifetime and beyond. A trust can help you avoid probate, minimize estate taxes, and ensure that your wealth is distributed according to your wishes. What Is a Trust? A trust is a legal arrangement in which one person (the grantor) transfers assets to another person or entity (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts can be customized to fit a variety of personal, financial, and family needs. Common Types of Trusts in New York -Revocable Living Trust: Allows the grantor to retain control of the trust and make changes during their lifetime. This type of trust avoids probate but does not protect assets from creditors. -Irrevocable Trust: Once established, it cannot be altered without the consent of the beneficiaries. It can provide asset protection and estate tax benefits. -Special Needs Trust: Created to provide for a loved one with disabilities without affecting their eligibility for government benefits. -Testamentary Trust: Created through a will and takes effect after the grantor’s death. Commonly used for minor children or dependents. Benefits of Creating a Trust -Avoids Probate – Assets held in a trust pass directly to beneficiaries, skipping the lengthy and public probate process. -Provides Privacy – Unlike a will, a trust does not become a matter of public record. -Offers Control – You can specify how and when beneficiaries receive their inheritance. -Reduces Taxes – Certain trusts can help minimize estate and gift taxes. -Protects Beneficiaries – Trusts can safeguard assets from creditors, divorce, or irresponsible spending. How an Attorney Can Help Creating a trust involves careful planning and legal knowledge. An experienced estate planning attorney in New York can help you: -Choose the right type of trust for your goals. -Draft the trust document to meet legal requirements. -Fund the trust properly by transferring assets into it. Trusts are not just for the wealthy—they’re a smart planning tool for anyone who wants to protect their assets and provide for their loved ones. If you're considering creating a trust, contact the Law Office Of Robert Howe today for a consultation and personalized guidance.

How an Attorney Can Help With Future Planning in New York Planning for the future isn't just about finances—it's about protecting your loved ones, your assets, and your peace of mind. In New York, working with an experienced attorney can help you create a comprehensive estate and life plan that ensures your wishes are honored and your affairs are in order, no matter what the future holds. 1. Drafting a Legally Sound Will A will outlines how your assets should be distributed after your passing. An attorney can: -Ensure your will meets all New York legal requirements. -Help you appoint guardians for minor children. -Reduce the risk of future disputes among heirs. 2. Creating a Trust Trusts can help manage your assets during your lifetime and after your death. An attorney can assist in: -Setting up revocable or irrevocable trusts. -Helping avoid probate for smoother asset transfer. -Providing for loved ones with special needs or unique circumstances. 3. Appointing a Power of Attorney A Power of Attorney allows someone you trust to manage your financial affairs if you're unable to do so. Your attorney ensures it: -Complies with New York law. -Reflects the scope of authority you’re comfortable with. 4. Establishing a Health Care Proxy and Living Will These documents allow you to appoint a trusted person to make medical decisions if you're incapacitated and express your wishes for end-of-life care. An attorney can: -Draft clear, enforceable directives. -Make sure your medical wishes are legally documented and honored. 5. Minimizing Taxes and Legal Complications Proper planning with an attorney can reduce estate taxes and help your family avoid unnecessary court proceedings, delays, or costs. Future planning is a gift to your family and yourself. It brings clarity, security, and control over how your affairs are handled. If you’re ready to take the next step in planning your future, contact the Law Office Of Robert Howe today to schedule a consultation. We’re here to help you build a plan that protects what matters most.

Why You Need a Home Title Search in New York Buying a home is one of the biggest investments most people make—and in New York, protecting that investment starts with a title search. A title search is a crucial step in the real estate transaction process that helps confirm the legal ownership of a property and ensures there are no hidden issues that could affect your purchase. What Is a Title Search? A title search is a review of public records related to a property’s history. It confirms that the seller has the legal right to transfer ownership and checks for any problems that might interfere with the sale or future use of the property. Why Is a Title Search So Important in New York? 1. Confirms Legal Ownership A title search verifies that the seller is the rightful owner of the property. Without this confirmation, a buyer could face serious legal issues or even lose the property after the sale. 2. Uncovers Liens and Judgments The search will reveal any liens, unpaid taxes, or court judgments attached to the property. These must be resolved before the property can legally transfer to the new owner. 3. Identifies Easements and Restrictions A title search will also uncover any easements, zoning violations, or deed restrictions that could impact your use of the property—such as a neighbor’s right to use a shared driveway or limitations on building additions. 4. Helps Secure Title Insurance A title search is required to issue title insurance, which protects buyers and lenders from financial loss due to undiscovered title defects or future claims. 5. Provides Peace of Mind Ultimately, a title search gives you confidence that your investment is protected and that there are no legal clouds hanging over your new home. A title search is not just a formality—it’s a key safeguard in any New York real estate transaction. Before you close on your next property, make sure you work with a real estate attorney who can coordinate a thorough title search and ensure a smooth, secure transfer of ownership. Contact the Law Office of Robert Howe today for guidance and protection throughout your home-buying journey.

Top 5 Reasons You Need a Real Estate Attorney in New York Buying or selling property in New York comes with legal complexities that require professional guidance. Unlike many other states, New York requires attorneys to be involved in real estate transactions. Whether you’re purchasing a home, selling an investment property, or refinancing a mortgage, a real estate attorney plays a crucial role in protecting your interests. 1. Contract Review & Negotiation Real estate contracts are legally binding, and any mistake or oversight could lead to financial loss. A real estate attorney: -Reviews the contract of sale for accuracy and fairness. -Negotiates contingencies, such as inspections, financing, and repairs. -Ensures compliance with New York real estate laws. 2. Title Search & Title Insurance Before closing, attorneys conduct a title search to verify legal ownership and uncover any potential issues, such as: -Liens or judgments against the property. -Unresolved boundary disputes. -Restrictions that could affect the property’s use. -An attorney ensures you receive clear title and helps arrange title insurance for protection against future claims. 3. Closing Process Representation Closing a real estate transaction in New York involves a complex series of legal and financial steps. An attorney: -Reviews and explains closing documents. -Ensures accurate transfer of funds and ownership. -Protects you from last-minute issues that could delay or jeopardize the deal. 4. Co-op and Condo Transactions New York has unique rules for co-op and condo sales, requiring additional legal oversight. An attorney helps by: -Reviewing offering plans, bylaws, and financial statements. -Navigating the co-op board approval process. -Ensuring compliance with building rules and regulations. 5. Protecting Your Interests & Avoiding Legal Pitfalls Real estate transactions involve significant investments, and even small mistakes can lead to costly legal disputes. A real estate attorney provides: -Legal protection against fraud, misrepresentation, and contract breaches. -Expert guidance on zoning laws, lease agreements, and financing. -Peace of mind that the transaction is handled professionally and correctly. Hiring a real estate attorney in New York is not just recommended—it’s essential to ensure a smooth and legally sound transaction. If you’re buying, selling, or refinancing property, contact Brooklyn Real Estate Attorney Robert Howe today for expert legal representation.

What is Surrogate’s Court in New York? In New York State, Surrogate’s Court is the legal body that handles matters related to estates, wills, and guardianships. If a person passes away, their estate may go through Surrogate’s Court to ensure that assets are distributed properly, debts are settled, and legal disputes are resolved. What Cases Does Surrogate’s Court Handle? Probate of Wills – When a person dies with a will, the court oversees the probate process, ensuring the will is valid and that assets are distributed according to the deceased’s wishes. Estate Administration – If someone dies without a will (intestate), the court appoints an administrator to distribute assets based on New York’s intestacy laws. Guardianship Matters – The court handles cases involving the appointment of guardians for minors or incapacitated individuals who need legal and financial protection. Trusts and Estate Disputes – If there is a dispute over a will, trust, or inheritance, Surrogate’s Court resolves the issue. Adoptions – In some cases, Surrogate’s Court also handles adoption proceedings, ensuring all legal requirements are met. Why is Surrogate’s Court Important? Surrogate’s Court ensures that estates are handled fairly and legally, preventing fraud and ensuring beneficiaries receive what they are entitled to. If you are dealing with probate, estate administration, or guardianship matters, consulting a qualified estate attorney can help you navigate the process efficiently. For assistance with estate planning, probate, or guardianship in New York, contact the Law Office Of Robert Howe today to discuss your legal needs.

The Role of an Attorney in Refinancing in New York Refinancing a mortgage in New York can be a smart financial move, whether you’re looking to secure a lower interest rate, reduce monthly payments, or tap into home equity. However, refinancing involves legal and financial complexities that require professional guidance. A real estate attorney plays a crucial role in ensuring a smooth and legally sound refinancing process. Key Responsibilities of a Real Estate Attorney in Refinancing 1. Reviewing Loan Documents An attorney carefully examines the new mortgage terms to ensure they are fair and legally binding. They: -Review the loan agreement, interest rates, and repayment terms. -Ensure compliance with New York real estate laws. -Identify any unfavorable clauses that could impact the borrower. 2. Title Search and Clearance Lenders require a title search to confirm there are no outstanding liens, judgments, or ownership disputes. The attorney: -Conducts or facilitates a title search. -Resolves any title defects that could delay refinancing. -Helps secure title insurance, if required. 3. Coordinating with Lenders and Third Parties Attorneys act as a liaison between the borrower, lender, title company, and other involved parties. They ensure: -Proper discharge of the old mortgage. -Timely and accurate submission of legal documents. -Resolution of any legal issues that arise during the process. 4. Closing Representation In New York, attorneys often oversee the refinance closing, ensuring: -The borrower understands the terms before signing. -All necessary legal documents, including the new mortgage and loan settlement statement, are executed correctly. -The funds are properly disbursed and recorded. Why You Need an Attorney for Refinancing in New York New York’s legal requirements make an attorney essential in refinancing transactions. Their expertise helps protect your rights, prevent costly errors, and ensure a seamless refinancing experience. If you’re considering refinancing your mortgage, contact the Law Office Of Robert Howe today for expert legal assistance. We’ll help you navigate the process and ensure your financial interests are safeguarded.

The Role of an Attorney in Family Law Cases in New York Family law matters can be among the most emotional and legally complex issues individuals face. Whether dealing with divorce, child custody, spousal support, or domestic disputes, having an experienced family law attorney in New York is essential to protecting your rights and ensuring a fair outcome. Key Roles of a Family Law Attorney in New York 1. Divorce and Separation A family law attorney assists clients in negotiating and finalizing divorce agreements, whether contested or uncontested. They help: -Draft and review separation agreements. -Negotiate terms for equitable distribution of assets and debts. -Advocate for fair spousal support (alimony) determinations. 2. Child Custody and Support Custody battles can be stressful, and attorneys work to establish parenting arrangements that serve the child’s best interests. Their role includes: -Representing clients in custody and visitation disputes. -Ensuring proper child support calculations based on New York guidelines. -Helping enforce or modify existing court orders. 3. Prenuptial and Postnuptial Agreements An attorney can help couples draft legally sound agreements that protect assets and clarify financial arrangements in case of divorce or separation. 4. Domestic Violence and Orders of Protection For individuals experiencing domestic abuse, a family law attorney can: -File for an Order of Protection to ensure safety. -Represent victims in court to obtain legal relief. -Defend clients falsely accused of domestic violence. 5. Adoption and Guardianship Family law attorneys guide clients through the adoption process, ensuring compliance with New York adoption laws. They also assist with establishing legal guardianship for minors or incapacitated adults. Why You Need a Family Law Attorney Family law cases impact personal relationships and financial security, making legal guidance essential. An experienced attorney provides legal knowledge, negotiation skills, and courtroom advocacy to protect your rights and achieve the best possible outcome. If you need legal assistance with a family law matter in New York , contact the Law Office Of Robert Howe today to schedule a consultation. We’re here to provide compassionate, knowledgeable representation for you and your family.

What is Probate Law in New York? Probate law in New York governs the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will or, if there is no will, under state intestacy laws. This process is handled by the Surrogate’s Court in the county where the deceased resided. When is Probate Required? Probate is necessary when a person passes away with a will (testate) and has assets solely in their name. If the person dies without a will (intestate), the court will appoint an administrator to distribute assets according to state law. Steps in the Probate Process -Filing the Will & Petition – The named executor submits the will and files a petition with the Surrogate’s Court. -Notifying Beneficiaries & Creditors – The court notifies heirs and allows creditors to make claims. -Paying Debts & Taxes – The executor ensures outstanding debts, estate taxes, and legal fees are settled. -Distributing Assets – After debts are cleared, the remaining estate is distributed to beneficiaries as outlined in the will. -Closing the Estate – The executor provides a final accounting, and the court formally closes the estate. Avoiding Probate Many people use estate planning strategies to bypass probate, including: -Establishing a revocable living trust -Designating beneficiaries on bank accounts, retirement plans, and life insurance -Holding property jointly with rights of survivorship Probate can be time-consuming and costly, but an experienced attorney can help simplify the process. If you need assistance navigating probate or planning your estate to avoid it, contact the Law Office Of Robert Howe today for expert legal guidance.

Real Estate Purchase Checklist for New York Buyers As the weather begins to warm and spring cleanings abound the house hunting season will be in full swing. Buying real estate in New York can be an exciting yet complex process. Whether you're purchasing a home, condo, or investment property, following a structured checklist ensures a smooth transaction. Here’s what you need to know before closing the deal. 1. Determine Your Budget & Get Pre-Approved -Assess your finances and set a realistic budget. -Get pre-approved for a mortgage to understand how much you can borrow. -Factor in closing costs, property taxes, and maintenance fees. 2. Find the Right Property -Work with a real estate agent to identify potential properties. -Research the neighborhood, schools, and transportation. -Consider a home inspection to uncover potential issues. 3. Hire a Real Estate Attorney - New York requires an attorney for real estate transactions. -Your attorney will review contracts, conduct title searches, and guide you through closing. 4. Review and Sign the Contract -The seller’s attorney drafts the contract. -Your attorney negotiates terms and ensures contingencies are included (e.g., financing, inspection). -Sign the contract and submit the earnest money deposit. 5. Conduct a Title Search & Secure Title Insurance -A title search ensures there are no liens or legal issues with the property. -Purchase title insurance to protect against future claims. 6. Finalize Your Mortgage -Provide financial documents to your lender. -Obtain a loan commitment letter. -Ensure the appraisal supports the purchase price. 7. Prepare for Closing -Schedule a final walkthrough to confirm the property's condition. -Review the closing disclosure for fees and final costs. -Attend the closing meeting with your attorney to sign documents and receive the keys. Purchasing property in New York involves legal and financial complexities, making it essential to have the right professionals guiding you. If you're buying real estate, contact the Law Office Of Robert Howe today for expert legal representation to ensure a smooth closing process.