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Trusts and Estates/ Elder Law Buzz

Trusts and Estates/ Elder Law Buzz July 2013 (Issue I) TRUSTS & ESTATES/ ELDER LAW BUZZ With the passage of The American Taxpayer Relief Act (ATRA) in January of 2013 to avoid the “fiscal cliff,” 2013 is an important year offering many planning opportunities to minimize tax burdens from both an estate and income tax perspective; but also sets the landscape to prepare for what seems to be an environment of increasing tax rates across the board and dwindling deductions and credits. Tax Rates are on the Rise, Deductions on the Down 2013 marks the first year
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Estate Planning for Children with Special Needs

Estate Planning for Children with Special Needs Estate Planning Challenges Specific to Parents with Children with Special Needs At Kommer, Bave & Ollman LLP, our attorneys and staff take great care to insure that our clients’ privileged and private information is protected and only disclosed when required by law. Parents with children with special needs face unique challenges, especially in regards to estate and financial planning. This can be a very complicated process and requires working with attorneys and insurance professionals with expertise in the area of special needs planning. The myriad of laws, both federal and
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Medical Records In a Car Accident Case

MEDICAL RECORDS IN A CAR ACCIDENT CASE: WHAT MUST A PLAINTIFF DISCLOSE? At Kommer, Bave & Ollman LLP, our attorneys and staff take great care to insure that our clients’ privileged and private information is protected and only disclosed when required by law. Discovery sought before a case is determined to be ready for trial includes disclosure of “all matter material and necessary in the prosecution or defense of an action” See, CPLR 3101(a). However, medical records are privileged documents and, unless that privilege is waived by the patient, the documents are unavailable. See, CPLR § 4504
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What Is No Fault Insurance?

WHAT IS NO FAULT INSURANCE? When you are injured in an automobile accident you never think your most difficult fight will be with your own insurance company. No Fault insurance is part of your automobile insurance policy that provides coverage to pay for specific expenses incurred by you, your family, and any passenger in your vehicle. No Fault insurance covers such expenses as medical bills, lost wages, and certain other expenses, including travel to medical providers, home assistance, and medical devices. Although this coverage is provided by your own insurance company for your benefit, the carrier will
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Guardianship Under Article 81 Of The New York State Mental Hygiene Law

GUARDIANSHIP UNDER ARTICLE 81 OF THE NEW YORK STATE MENTAL HYGIENE LAW (“MHL”) Article 81 of the NYS MHL became effective in April 1993 and has undergone several amendments, the most recent being in December, 2004 and July 2008. When a guardianship proceeding is brought, a Court is asked to make a determination as to the capacity of an individual to manage his or her “person” and/or “property.” The Court must also determine the appropriateness of the proposed Guardian and the appropriateness of the personal care and property management powers which the Guardian seeks to have over
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