Protecting Your Business With A Buy-Sell Agreement

Although we have significant experience handling a wide range of business law issues, the attorneys at Drucker & Mattia, PLLC, draft wills, create trusts, and assist clients with estate planning. One of the most significant benefits of estate planning is that it allows you to be prepared for the future despite the inherent uncertainties of tomorrow. Why are we talking about estate planning when the blog is about Read More

How & Why You Should Combine A Power Of Attorney With Your Will

An estate plan is a collection of documents that your attorney selects. They choose each one based on how it protects you, your assets and preserves your estate. Your lawyer will not only look at the circumstances surrounding your life but will ask you what you want to get out of your estate plan. For instance, a young couple may come in because they want to choose a legal guardian for their children if they pass Read More

Issues & Solutions Regarding Titles In Real Estate

When people use the term “clear” title, they are talking about legal ownership. During the due diligence period of the home buying process, buyers will likely run a title search on the property they intend to buy. This is their time to correctly identify who owns the property. People either own their homes by themselves (sole ownership) or with other people (tenancy in common). Should a married couple own the house Read More

Buying & Selling A Business Through An Asset Or Stock Sale

Whether you plan on buying or selling a business, you need to be aware of the differences between an asset and a stock sale. An asset sale allows a buyer to acquire the company’s assets and liabilities, and a stock sale enables a buyer to purchase equity in the business by acquiring shares from one or more stockholders. It is important to remember that not all business entities have stock. For example, if you are Read More

The Importance of Updating Your Estate Plan After A Divorce

Revising your estate plan isn't usually the first thing on your mind during a divorce. You'll worry more about how marital property will be divided, how you will share custody, and whether spousal support will be part of the divorce settlement agreement. However, without making the necessary changes to your estate plan, your spouse could remain the beneficiary of your will and a fiduciary under your trust or power of Read More

Real Property & The Bundle Of Rights

The terms “real estate” and “real property” are often used interchangeably and incorrectly. When someone is discussing real estate, they are referring to: The land Natural improvements on the land Artificial improvements on the land  Imagine purchasing a single-family home that sits on multiple acres of land and has a small pond. When you buy real estate, you own the land, the home, and the pond. If you Read More

What A Living Will Can Do For You

Before we explain the importance of having a living will, we must first establish that we are not talking about a will. An estate planning attorney can help you create either document, but they perform two different functions. Your last will and testament is commonly referred to as “a will.” It is a legal document that declares how your assets will be distributed when you pass away.  A living will allows you to Read More

The Struggle Of A New York Mom & Pop Landlord

New Yorkers rent. To get an idea of the level and degree, look at Brooklyn. More than 2.5 million people live in this borough, and almost 1.8 million are renters. Combine that staggering number with the variety of laws and court directives passed since the start of the pandemic, including the Tenant Safe Harbor Act (TSHA).  Not only was there a moratorium on evictions that lasted nearly two years, but the effects of Read More

Why People Avoid Probate

  After Jerry Garcia passed away, his guitars went to Douglas Erwin (the same person who made them). Why would anyone know these personal details? Because he created a will, and they are public. If anyone were inclined to do so, they would be able to read it in its entirety.  Before we continue with some common reasons why people try to avoid probate, you should understand how an estate gets there. Read More

Preventing Commercial Litigation

Litigation can equate to financial loss. Understanding litigation (and, more importantly, how to prevent it) is part of managing and running a successful business. Think of it as another way money can leave you and your business.  Civil vs. Commercial  It does bear some importance to explain the difference between civil and commercial litigation. Even experienced business owners can confuse the two. Civil Read More