Steps to Set Up a Legal Trust in New York Setting up a legal trust in New York is a smart way to manage and protect your assets, provide for loved ones, and avoid the delays of probate. Whether you're planning your estate , caring for a family member with special needs, or protecting your wealth, a trust can offer flexibility and peace of mind. Here are the key steps to creating a trust in New York: 1. Decide What Type of Trust You Need There are several types of trusts, each designed for different goals: - Revocable Living Trust – Allows you to retain control and make changes during your lifetime. Often used to avoid probate. - Irrevocable Trust – Cannot be changed after it's created but offers stronger asset protection and potential tax benefits. -Special Needs Trust – Ensures care for a disabled loved one without affecting their eligibility for government benefits. -Testamentary Trust – Created through your will and takes effect after death. An experienced estate planning attorney can help determine which type best suits your needs. 2. Choose a Trustee The trustee is the person or institution responsible for managing the trust assets and carrying out your instructions. You can serve as your own trustee (for revocable trusts), or appoint someone you trust—such as a family member, friend, or professional fiduciary. 3. Draft the Trust Document Your attorney will draft a trust agreement, which includes: -The name of the trust and date of creation -Your (the grantor’s) intentions and instructions -The trustee’s powers and responsibilities -The beneficiaries who will receive assets -Rules for distributing and managing the assets This document must comply with New York trust law to be valid and enforceable. 4. Fund the Trust A trust is only effective if it is funded—meaning assets are transferred into it. This can include: -Real estate -Bank accounts -Investments -Life insurance policies -Business interests Your attorney will guide you through retitling these assets in the name of the trust. 5. Maintain and Update the Trust Once your trust is established, it should be reviewed periodically, especially after major life events like marriage, divorce, births, or significant financial changes. You may need to revise the trust or update the list of beneficiaries or trustees. Creating a trust in New York involves careful planning and legal precision, but it’s one of the most effective tools for protecting your legacy. Working with an experienced estate planning attorney ensures that your trust is properly structured and meets your goals. Ready to protect your future? Contact the Law Office Of Robert Howe today to discuss your estate planning needs and get started on setting up a trust tailored to you.

Top 3 Things You Can Do to Prepare to Sell Your Home in New York Selling a home in New York —whether in the city or upstate—requires more than just putting up a "For Sale" sign. With a competitive market and discerning buyers, proper preparation can help you sell faster and for the best possible price. Here are the top three things you can do to get your home ready for a successful sale. 1. Get Your Paperwork in Order Before listing your home, make sure you have the essential documents ready. These may include: -The deed to your property -Property tax records -Utility bills and maintenance costs -For condos or co-ops: building financials, bylaws, and board rules You’ll also want to consult a real estate attorney early in the process, as they will draft the contract of sale and help clear any legal or title issues. 2. Make Repairs and Enhance Curb Appeal Small updates can make a big difference. Consider: -Fixing minor repairs like leaky faucets, squeaky doors, or chipped paint -Decluttering and deep cleaning your home to make it more inviting -Boosting curb appeal with landscaping, fresh paint, or a clean entryway A clean, well-maintained home helps buyers see the value—and imagine themselves living there. 3. Price Strategically with a Real Estate Agent Work with a knowledgeable New York real estate agent to set the right price based on: -Comparable sales (comps) in your area -Current market trends -Unique features of your home Pricing too high can turn away buyers, while pricing too low leaves money on the table. A strategic listing price will attract attention and encourage competitive offers. Selling your home in New York is a big step, but with the right preparation, you can make the process smooth and rewarding. By organizing your paperwork, making thoughtful improvements, and pricing smartly, you’ll be ready to impress buyers and close with confidence. Need help with the legal side of selling your home? Contact the Law Office Of Robert Howe today for trusted legal guidance from contract to closing.

Co-op vs. Condo: What’s the Difference in New York Real Estate? If you’re buying property in New York , one of the first choices you’ll encounter is whether to purchase a co-op or a condo. While both offer homeownership , they differ in structure, ownership rights, and responsibilities. Here's a quick breakdown of the key differences to help you decide which is right for you. 1. Ownership Structure Co-op (Cooperative Apartment): When you buy a co-op, you're purchasing shares in a corporation that owns the entire building. Your shares give you the right to occupy a specific unit through a proprietary lease. Condo (Condominium): When you buy a condo, you own the real property—your individual unit—along with a percentage of the common areas (hallways, lobby, etc.). 2. Approval Process Co-op: Requires board approval, which can be rigorous. The co-op board can reject buyers for financial or even subjective reasons, and often requires interviews and extensive financial disclosure. Condo: More buyer-friendly—there’s usually no board approval, just a right of first refusal, which is rarely exercised. 3. Financing and Costs Co-op: Often requires a larger down payment (commonly 20–30% or more). Maintenance fees include taxes and building costs. Co-ops generally don’t allow subletting or have strict limits. Condo: Usually allows for more flexible financing and lower down payments. Owners pay common charges plus individual property taxes. Condos are generally easier to rent out or use as investment properties. 4. Rules and Restrictions Co-op: Typically has stricter rules about renovations, guests, subletting, and even who can live in the unit. The board has greater control over day-to-day building operations. Condo: Offers more autonomy. Owners have more freedom to renovate, rent out, or sell without board interference (though rules still apply). 5. Price and Availability Co-ops: Tend to be less expensive than condos on a square-foot basis but come with more restrictions. Condos: Generally cost more, but offer greater flexibility and are more attractive to investors and foreign buyers. Choosing between a co-op and a condo in New York depends on your goals, finances, and lifestyle. If you’re looking for a long-term primary residence and a community-focused environment, a co-op might suit you. If you want more flexibility or plan to rent out your unit, a condo may be the better option. Need help navigating your purchase? Contact the Law Office Of Robert Howe today for trusted legal guidance in New York’s real estate market.

When Is the Best Time to Involve an Attorney in a Real Estate Transaction in New York? In New York, real estate transactions are legally and financially complex—and unlike many other states, attorney involvement is customary and often essential. Whether you're buying, selling, or refinancing property, knowing when to involve a real estate attorney can help you avoid costly mistakes and ensure a smooth closing. Here’s when you should bring in an attorney during a New York real estate transaction: 1. Before Signing the Contract of Sale This is the most critical point to involve an attorney. In New York, the seller’s attorney usually prepares the first draft of the contract. Before you sign it, your attorney should: -Review and negotiate the terms -Ensure all key protections and contingencies (inspection, financing, clear title) are included -Explain your rights and obligations clearly -Never sign a contract without legal review. 2. During the Due Diligence Period After the contract is signed but before closing, your attorney will: -Conduct or review a title search -Ensure there are no outstanding liens, violations, or legal claims -Coordinate with the title company and lender -Help address issues uncovered during inspections 3. When Dealing With Co-ops or Condos Buying a co-op or condo involves unique legal documents and board review. An attorney will: -Examine the offering plan, financials, and board minutes -Ensure compliance with building rules and restrictions -Guide you through the board approval process (for co-ops) 4. At the Closing Table Your attorney will represent you at closing to: -Review all documents (deed, mortgage, transfer taxes, etc.) -Ensure all payments are made properly -Confirm the legal transfer of ownership and recording of documents The best time to involve a real estate attorney in New York is early—before you sign anything. From negotiating your contract to ensuring a clear title and successful closing, an experienced attorney will protect your interests every step of the way. Ready to buy or sell property in New York? Contact the Law Office Of Robert Howe today to make sure your transaction is handled with clarity, confidence, and legal precision.

How Tariffs Can Impact New York Real Estate Tariffs—taxes imposed on imported goods—may seem like a global trade issue, but they can have very real, local consequences, especially in markets like New York real estate . Whether you're a homeowner, developer, investor, or buyer, understanding how tariffs can affect the cost and pace of real estate projects is key to making informed decisions. 1. Increased Construction Costs Many building materials used in New York construction—such as steel, aluminum, and lumber—are often imported. When tariffs are placed on these goods, material costs rise, which can: -Drive up the cost of new developments -Delay renovation or construction projects -Increase overall housing prices due to higher build costs 2. Impact on Commercial Development Tariffs can significantly affect commercial real estate projects, particularly large-scale developments and infrastructure work. Developers may be forced to: -Postpone or scale back projects -Pass increased costs on to tenants through higher rent -Delay timelines due to budget overruns 3. Reduced Foreign Investment New York real estate has traditionally attracted international investors, especially in luxury residential and commercial properties. However, ongoing trade tensions and retaliatory tariffs can: -Discourage foreign investment -Shift global capital to other, less impacted markets -Add uncertainty to long-term investment strategies 4. Supply Chain Disruptions Tariffs can disrupt the global supply chains that developers rely on for fixtures, appliances, and finishing materials. This can lead to: -Project delays -Unpredictable budgeting -Lower availability of certain materials, which may affect design and quality 5. Broader Economic Ripple Effects Tariffs can also impact the overall economy, influencing job growth, consumer confidence, and interest rates. A slowdown in the broader economy may soften real estate demand, particularly in high-cost markets like New York City. While tariffs are not directly tied to buying or selling a home, they can significantly shape the cost, timing, and viability of real estate development and investment in New York. Staying informed about economic policy and working with knowledgeable professionals—legal, financial, and real estate—can help you navigate these changes with confidence. Need guidance on how market trends and economic shifts could affect your real estate goals? Contact the Law Office Of Robert Howe today for informed, strategic legal support.

Top 5 Things to Look for When Hiring a Real Estate Attorney in New York Buying or selling property in New York is a significant financial and legal transaction. Whether you’re purchasing a co-op in Manhattan or a house in the suburbs, having the right real estate attorney by your side is essential. But with so many options out there, how do you choose the right one? Here are the top 5 things to look for when hiring a real estate attorney in New York . 1. Experience with New York Real Estate Law Real estate law is highly local. The attorney you choose should have extensive experience handling real estate transactions in New York, where the process involves unique legal requirements, including attorney-drafted contracts, co-op board approvals, and strict closing procedures. 2. Familiarity with the Property Type Whether you're buying a co-op, condo, townhouse, or single-family home, your attorney should be familiar with the specific issues involved. Co-op transactions, for example, involve reviewing board minutes, financial statements, and proprietary leases—tasks not required for other property types. 3. Clear Communication and Responsiveness Real estate deals move quickly, and delays can cost you the deal. Look for an attorney who is: -Responsive to calls and emails -Able to explain legal terms clearly -Proactive in keeping you informed throughout the process 4. Transparent Fees A good attorney should provide clear, upfront information about fees, including: -Flat fees for standard transactions -Additional costs for unexpected legal work or title issues -Make sure you understand what’s included—and what’s not—before signing a retainer agreement. 5. Strong Reputation and Client Reviews Check online reviews, testimonials, or ask for referrals to see what past clients say about the attorney’s professionalism, efficiency, and results. A well-regarded attorney with a solid track record is more likely to handle your transaction smoothly and protect your interests. The right real estate attorney can make all the difference in your buying or selling experience in New York. From negotiating your contract to ensuring a smooth closing, their guidance is key. Contact the Law Office Of Robert Howe today if you're looking for experienced, responsive legal support for your next real estate transaction. We're here to help you close with confidence.

What Is a Deed in New York? A deed is a legal document that transfers ownership of real property from one person or entity to another. In New York, a deed is an essential part of any real estate transaction , serving as the official record that someone has the legal right to own and use a property. Key Functions of a Deed A deed in New York: -Identifies the grantor (seller) and grantee (buyer) -Describes the property being transferred -States the type of ownership interest being conveyed -Must be signed, notarized, and recorded with the County Clerk or Register’s Office to be legally effective Common Types of Deeds in New York 1) Warranty Deed -Offers the highest level of protection to the buyer -The seller guarantees they have clear title and will defend against any future claims 2) Bargain and Sale Deed with Covenants -Commonly used in New York -The seller guarantees they have not done anything to encumber the title but doesn’t provide full warranty 3) Quitclaim Deed -Transfers whatever interest the seller has, with no guarantees -Often used between family members or to clear up title issues Why Deeds Matter A properly executed deed ensures: -Clear ownership rights -Legal protection in case of disputes -Accurate public records for future reference -Failure to properly prepare or record a deed can result in title issues, legal complications, or even the loss of property rights. Do You Need an Attorney? In New York, it’s strongly recommended—and often expected—that a real estate attorney prepare and review the deed as part of a property transaction. An attorney will ensure the deed complies with state law, is properly recorded, and that your ownership rights are fully protected. A deed is more than just a piece of paper—it’s your legal proof of property ownership. If you’re buying, selling, or transferring real estate in New York, contact the Law Office Of Robert Howe today for professional legal assistance to ensure your deed is properly drafted, executed, and recorded.

How Family Court Works in New York Family Court in New York plays a vital role in resolving legal matters involving families and children. Whether you're dealing with custody, child support, or domestic violence, understanding how Family Court works can help you better navigate the process. What Types of Cases Does Family Court Handle? New York Family Court hears a wide range of cases, including: -Child custody and visitation -Child and spousal support -Paternity -Juvenile delinquency -Abuse and neglect -Orders of protection (in cases of domestic violence) -Adoption and guardianship Unlike criminal or civil court, Family Court focuses on non-criminal family matters and emphasizes the best interests of the child. Who Can File a Case in Family Court? Parents, legal guardians, spouses, and in some cases even children or other relatives, can file petitions in Family Court. You don’t need an attorney to file a case, but having legal representation is highly recommended—especially in complex or contested matters. How the Process Works Filing a Petition -The process begins when one party files a petition stating the issue (e.g., custody, support, or protection). Court Hearings -After the petition is filed, the court schedules a hearing where both sides can present evidence and testimony. -In some cases, the court may appoint law guardians (attorneys for children), social workers, or other professionals. Mediation or Settlement -Some cases may be referred to mediation to resolve disputes outside of the courtroom. Court Orders and Decisions -After hearing both sides, the judge may issue temporary or permanent orders related to custody, support, or protection. Do You Need an Attorney? While you are allowed to represent yourself in Family Court, having an experienced family law attorney can make a significant difference—especially when legal rights, parental responsibilities, or a child’s well-being is at stake. Family Court in New York is designed to address sensitive and impactful legal matters affecting families. Whether you're seeking custody, child support, or legal protection, understanding the court process and having professional guidance can help you move forward with confidence. Contact the Law Office Of Robert Howe today if you need experienced legal representation in Family Court. We’re here to protect your rights and help you navigate every step of the process.

How an Attorney Represents You in a Mortgage Refinance in New York Refinancing your mortgage can be a smart financial move—whether you're lowering your interest rate, adjusting loan terms, or tapping into your home’s equity. But in New York, refinancing involves more than just dealing with your lender. A real estate attorney plays a key role in protecting your interests and making sure the refinance process is handled smoothly and legally. Here’s how an attorney represents and protects you during a refinance in New York: 1. Reviewing the Loan Terms and Documents Before you sign anything, your attorney will carefully review the refinance loan agreement, including: -Interest rate and repayment terms -Closing costs and fees -Prepayment penalties -Escrow and tax arrangements Your attorney makes sure you fully understand what you’re agreeing to and that the terms are fair and in your best interest. 2. Conducting a Title Search and Clearing Title Lenders require confirmation that the title to your property is clear before approving a refinance. Your attorney will: -Order a title search to ensure there are no outstanding liens, judgments, or ownership issues -Help resolve any title problems that could delay or jeopardize the refinance -Work with the title company to provide necessary title insurance for the lender 3. Coordinating the Payoff of the Old Loan Your attorney will: -Obtain a payoff letter from your current lender -Ensure that the old mortgage is paid off in full and discharged properly -Make sure the new loan is recorded and that ownership remains clear This step is crucial to avoid having multiple mortgages or incorrect liens on your property. 4. Representing You at the Closing Refinancing in New York requires a formal closing, often similar to a purchase or sale. Your attorney will: -Attend or conduct the closing -Review and explain all documents before you sign -Ensure the funds are disbursed correctly -Confirm that the new mortgage is recorded with the county clerk 5. Ensuring Compliance and Accuracy Mistakes in the refinance process can cost you time and money. Your attorney ensures: -All documents are legally compliant and properly executed -No hidden charges or unfavorable terms slip through -Your legal rights are protected from start to finish While refinancing may seem straightforward, the legal and financial implications are significant. Having an experienced real estate attorney by your side in New York ensures that your refinance is done correctly, efficiently, and with your best interests at heart. If you're considering refinancing your home, contact the Law Office Of Robert Howe today to learn how we can protect you and streamline the process from start to finish.