Nontraditional Family Estates Law
Marriage consultation
Wills specific to same-sex couples and families
Living Wills
Healthcare Proxies / Medical Powers of Attorney
Designation of Guardian for Personal Matters, Property Management or Child Rearing
Hospital Visitation Directives
Affidavits of Burial / Cremation
Revocable and Irrevocable Trusts
Domestic Partnership Agreements for unmarried couples
Individual Contribution to Shared Property Agreements
Equitable Determination Agreements
Name Changes
Second Parent Adoption
Dispute Resolution
Know Your Rights Under Existing Law
With the passage of marriage equality legislation in New York, same-sex couples now have greater options in the quest to protect their families. However, there are very real considerations that each couple must incorporate into their estate and family planning, including the portability of a New York marriage to a state that does not recognize same-sex marriage and the lack of federal protections for married same-sex couples.
Estate planning for same-sex couples may be becoming more “traditional,” but the need for carefully drafted legal documentation has never been more important. Our Will Package addresses many of the basic needs of your family, particularly if you have children, and provides the foundation upon which to build create a comprehensive estate plan.
Whether you choose to marry or not, your family deserves the protection that our comprehensive protections provide. Please contact Anthony for a complimentary consultation.
Our 7 document Will Package consists of:
Last Will and Testament
A Last Will and Testament allows the Principal, or drafter of the document, control the distribution of their assets upon death. New York State law provides that if a person dies without a will, their legal next of kin will be the “distributees,” or recipients, of their estate. In most cases, that would be a spouse, children, parents, siblings, siblings children, aunts and uncles or first cousins, in that order. With a will, Property may be divided and distributed at the discretion of the Principal.
Durable Power of Attorney
This document allows the Principal to authorize another person to make financial decisions for them. In New York, spouses have financial decision making authority over joint property holdings only. A Durable Power of Attorney grants spouses important additonal rights. It authorizes, among other things, payment of debts, collection of payments, redistribution of assets, withdrawal of assets from a bank account and the sale of property even if it is not held in both spouses’ names. Because of the important nature of these powers, there is an attached affidavit that the authorized party must complete before the powers become effective. This affidavit is a built-in protection mechanism to avoid misuse of these powers.
Designation of Guardian for Property Management and/or Personal Needs
If a person were to be judicially declared incompetent or incapable of managing their property or themselves, the court would appoint a guardian for that purpose. The guardian is usually a spouse or family member. This document allows the Principal to designate who that guardian would be regardless of their marital status.
Living Will
A Living Will states exactly what measures a person wants or does not want if certain specifically outlined medical conditions arise. Both marrired and unmarried individuals require this document in order to ensure that their wishes regarding end-of-life care are met. It does not, however, authorize another person to make those decisions for the Principal of the Living Will.
Medical Power of Attorney / Health Care Proxy
This document allows a designated person to have access to medical records and make specified medical decisions for the Principal. Spouses have automatic medical decision making authority in New York, however, this right is a right that is not portable to states that do not recognize same-sex marriages.
Priority Visitation Directive
A Priority Visitation Directive specifies who the Principal prefers to have priority visitation privileges, usually over family members. It tells a hospital administrator, floor supervisor and any other hospital personnel that the possessor of the document shall not be denied access to the hospitalized Principal.
Affidavit of Burial or Cremation
This document ensures that a funeral director or funeral home administrator follows the instructions given them by the person designated in the affidavit, regardless of marital status.
Property Ownership
Married couples in New York may now own property as “Tenants By The Entirety.” It is the most protected way that property may be held by two people as it prevents creditors from attaching selling joint marital property. Many unmarried couples own property together or as Joint Tenants With Right of Survivorship. As a joint tenant, you may be exposed to potentially devastating estate taxation on the death of one partner. AWC offers Joint Property Agreements and Domestic Partnership Agreements to establish and clarify individual contributions to joint property, the first step in addressing the IRS if estate taxes are levied on that property. For more information about this valuable document, please call Anthony for a complimentary consultation.
Domestic Partnership Agreements
You may have heard about Domestic Partnership Agreements (DPAs). Their necessity for unmarried couples continues to be of the utmost importance. These powerful documents assist the couple in many ways. DPAs can establish joint and separate property, define individual contributions to joint property, provide for post-relationship support or waiver and create what may be the closest approximation to a marriage license that an unmarried couple can have. DPAs create rights in the couple. Many courts today look to these agreements as a sign of the commitment and intention of the contracting parties. For more information about Domestic Partnership Agreements, please call Anthony and schedule a consultation today!
Albert W Chianese & Associates is a firm believer that Equal Rights for all Families helps not just individuals, but affords society the same orderly and necessary protections should there be a breakup. That is why at Albert W Chianese & Associates we urge all our clients to know your rights while we wait for the law to catch up to reality.
The Nontraditional Family and Estates Division of Albert W. Chianese and Associates works hand in hand with the Matrimonial and Family Law Division. Anthony lends his experience to the resolution of domestic disputes for ALL families. While nontraditional families have special needs when it comes to addressing the dissolution of a relationship, Anthony approaches each individual with compassion and respect.
Albert W Chianese & Associates is proud to offer all of our services to our Nontraditional Family clients.
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$3903500.00 - verdict for a 35 year old female who treated with a general dentist in the Bronx for a root canal on an upper molar. The dentist caused the plaintiff to sustain trigeminal neuralgia. She suffered severe piercing debilitating pain that radiated from the root canalled tooth to her right ear, which followed the pathway of the nerve. She underwent gamma knife surgery of the brain, which provided her temporary relief, though she continued under heavy medication to date to try and dull or control the pain. This is the largest reported verdict for a dental malpractice case in New York State. Bronx County. Dental Malpractice
$2550000.00 - settlement for a union carpenter who fell from scaffolding causing a crush injury to the right foot requiring surgery to relieve compartment syndrome. As a result of the injury the plaintiff sustained Complex Regional Pain Syndrome. New York County. Construction Accident
$1400000.00 - settlement for a Suffolk man who was injured when the delivery truck he was driving was struck by a vehicle that ran a red light. As a result of the accident the plaintiff severely injured his back requiring surgical repair. The plaintiff did not return to work after the accident. Suffolk County. Automobile Accident
$1350000.00 - settlement against a hospital that misdiagnosed a cyst in a young woman's jaw, which led to improper follow up and treatment by an oral surgeon. Years later the cyst reoccurred in the same area and required removal of three quarters of her jaw. Subsequent to the removal of her jaw a graft from her fibula was taken and attached to a titanium plate that was used to replace her jaw. A skin graft from her hip was taken to replace the gum tissue in that portion of her mouth. Implants, restorations and further bone grafts will be required to replace the teeth in that area. The expert for the defendant alleged that had the pathologist properly read the slide the treatment that was performed years later would have been required at that time.
$1227007.00 - verdict for an electrician who fell 20 feet from a ladder and suffered a fracture of his right calcaneus, or heel. The plaintiff required surgical repair where a plate and nine screws were implanted. Kings County. Construction Accident
$900000.00 - settlement for a 46 year old man who underwent gallbladder surgery during which his bowel was perforated by the surgeon. The hospital and doctors failed to recognize the signs of peritonitis. A few days after the surgery his organs shut down and he was declared clinically dead. The plaintiff was required to undergo subsequent surgical repair of the bowel and removal of the infection. Nassau County. Medical Malpractice
$490000.00 - verdict for a 58 year old Queens woman against a dentist who had inserted upper and lower bridges that were ill fitting and had open margins requiring the re-treatment by a subsequent provider. The Jury awarded the plaintiff $450,000.00 for pain and suffering and $40,000.00 for future dental expenses. This verdict was affirmed on appeal. Queens County. Dental Malpractice
$350000.00 - Thomas Reilly of our office settled a case on behalf of a 47 year old Bronx woman who was caused severe root damage to her teeth by her orthodontist. The plaintiff treated with the orthodontist for a number of years. As a result of the treatment the roots of her upper and lower front teeth sustained severe resorption. At the time of the settlement the plaintiff had not lost any teeth. Two years prior to the settlement her oral surgeon has suggested extraction of 10 teeth and replacing them with implants and restorations. The defendant failed to take x-rays to determine if root resorption was occurring during the treatment. The defendant claimed that he root resorption was present prior to the treatment he performed. This matter was settled in October of 2011
$310000.00 - On January 20, 2011 Manhattan Jury awarded an 18 year old woman $310,000.00 for damages caused by an orthodontist. At the age of 10 the plaintiff presented to the defendant orthodontist for braces. At that time it was evident that her right cuspid and bi-cuspid were transposed, left cuspid and bi-cuspid were transposed and that her mouth had overcrowding. The doctor told the family that he would bring the teeth down in the transposed position and straighten her teeth with braces. He never discussed any alternative treatment. There existed other forms of treatment, one of which was to extract the four bi-cuspids to alleviate the overcrowding problem and the issue with the transposed teeth. The plaintiff will require restorative treatment to make her teeth appear normal. After a week long trial the Jury awarded the plaintiff $200,000.00 for future dental treatment, $15,000.00 for past pain and suffering and $95,000.00 for future pain and suffering. Albert W. Chianese was the trial attorney for the plaintiff.
$275000.00 - verdict for a 46 year old Bronx resident who sustainmed paraesthesia to the left side of his lip as a result of the improper administration of a mandibular block injection. Bronx County. Dental Malpractice
$250000.00 - Mediated settlement for a 60 year olf Nassau resident who was involved in an automobile accident. The accident occurred at an intersection that was controlled by a traffic light. The plaintiff claimed he had a green light while the defendant claimed the light was yellow when he entered the intersection. A third party witness claimed that the defendant had a yellow light. As a result of the accident the plaintiff sustained a fractured pelivs and missed six month from work. He required surgery to repair his pelvis which included the placement of internal hardware. Thomas Reilly handled this matter for our office.
$175000.00 - Settlement prior to the deposition of the defendant for a 39 year old woman who sustained left sided inferior alveolar nerve damage as the result of a tooth extraction. The plaintiff had a rear molar extracted by a general dentist and due to the extreme force and trauma the inferior alveolar nerve was damaged causing paresthesia of the left lip, chin and gum area of the plaintiff’s mouth. Kings County. Dental Malpractice
$170000.00 - Mediated settlement, on July 21, 2011, for a Nassau County woman who as the result of an overfill of a root canal suffered an inferior alveolar nerve injury on the left side of her face. As a result she sustained numbness and hypersensativity in the left side of the lower lip and chin area of her face. The case was settled a mediation prior to depositions. Thomas Reilly of our office handled this matter.
$125000.00 - On March 22, 2011 a Nassau Jury awarded a 59 year old woman $125,000.00 verdict for injuries she sustained as the result of Dental Malpractice. The plaintiff was a patient of the defendant's office for over twenty years. At trial the plaintiff claimed that the bridgework, crowns and implant restorations that the defendant placed were beneath the standard of care in the field of dentistry. It was claimed that the bridges had open margins that allowed bacteria to enter under the restorations. As a result the plaintiff was required to have all of the dental work replaced and lost three teeth. After five hours of deliberation the Jury awarded the plaintiff $125,000.00. Albert W. Chianese was the trial attorney for the plaintiff.
* Prior results do not guarantee a similar outcome.
