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Gianelli Nielsen News Blog

Monday, September 28, 2015

People. The Essential Component of Your Estate Plan’s Success


Properly drafted estate planning documents are integral to the success of your legacy and end-of-life wishes.  Iron-clad estate planning documents, written by a knowledgeable attorney can make the difference between the success and failure of having your wishes carried out.  However, there’s more to estate planning than paperwork.  For your wishes to have the best chance of being honored, it is important to carefully choose the people who will carry them out.


Your estate plan can assign different responsibilities to different people.
Read more . . .


Monday, September 21, 2015

Prenup Considerations Before You Say I Do


Most people think of marriage as a declaration of love and commitment, not as a legal contract that defines the financial and familial obligations of each party. That is, until they start negotiating a divorce settlement and discover their state’s policy on the division of marital property and spousal support. Although not every couple establishes a prenuptial agreement, there are several good reasons for having a smart prenup in place before saying those magical words, “I do.”


What is a Prenup?
A prenuptial agreement is a legal document that allows the couple to make decisions about their finances and marital property should they eventually decide to part ways. You cannot circumvent the child custody statutes in your state through a prenuptial agreement, although you can decide who gets to keep the family dog.
Read more . . .


Monday, September 7, 2015

Paying for Your Grandchildren’s Education


The bond between a grandparent and grandchild is a very special one based on respect, trust and unconditional love. When preparing one’s estate plan, it’s not at all uncommon to find grandparents who want to leave much or all of their fortune to their grandchildren. With college tuition costs on the rise, many seniors are looking to ways to help their grandchildren with these costs long before they pass away. Fortunately, there are ways to “gift” an education with minimal consequences for your estate and your loved ones.

The options for your financial support of your heirs’ education may vary depending upon the age of the grandchild and how close they are to actually entering college.
Read more . . .


Wednesday, August 26, 2015

What would happen if another child is born after establishing an estate plan?


This question presents a fairly common issue posed to estate planning attorneys. The solution is also pretty easy to address in your will, trust and other estate planning documents, including any guardianship appointment for your minor children.

First, its important to note that you should not delay establishing an estate plan pending the birth of a new child.  In fact, if your planning is done right you most likely will not need to modify your estate plan after a new child is born.  The problem with waiting is that you cannot know what tomorrow will bring and you could die, or become incapacitated and not having any type of plan is a bad idea.
Read more . . .


Monday, August 17, 2015

Employers and Immigration Compliance: What You Need to Know


The Immigration and Nationality Act (INA) makes it illegal for employers to knowingly hire undocumented workers and requires employers to verify each worker’s identity and eligibility by completing the I-9 Form. An employer’s failure to complete the I-9 Form can result in criminal and civil penalties.

The INA also protects individuals from employment discrimination based upon national origin, citizenship or immigration status. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) enforces the INA’s anti-discrimination provisions.  Victims of discrimination may file a complaint with the OSC to seek back pay, reinstatement and other remedies.
Read more . . .


Thursday, August 6, 2015

Mediation & Alternative Dispute Resolution Options in Divorce


My spouse and I would like to pursue an amicable divorce, and would like to stay out of court if at all possible. Are there alternative methods to divorce resolution?

With the dawning of no-fault divorce in New York, couples looking for a more amicable, less-stressful dissolution experience may be able to achieve such results through the use of alternative dispute resolution. Namely, mediation and collaborative divorce models have proven wildly successful in New York and elsewhere, allowing families the opportunity to transition their family dynamics with dignity and grace, as opposed to name-calling and vitriol.

Collaborative divorce

As the name suggests, a collaborative divorce is one in which all parties agree to forgo litigation (i.e.
Read more . . .


Wednesday, July 29, 2015

Estate Planning for the Chronically Ill


There are certain considerations that should be kept in mind for those with chronic illnesses.   Before addressing this issue, there should be some clarification as to the definition of "chronically ill." There are at least two definitions of chronically ill. The first is likely the most common meaning, which is an illness that a person may live with for many years. Diseases such as diabetes, cardiovascular disease, lupus, multiple sclerosis, hepatitis C and asthma are some of the more familiar chronic illnesses.
Read more . . .


Friday, July 17, 2015

FDNS Administrative Site Visits/ Business Law


In 2009, the Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) launched a program to ensure that employers comply with immigration rules designed to protect public safety and national security.  Under the Administrative Site Visit and Verification Program (ASVVP), FDNS makes surprise site inspections to verify the information that employers provide to the government.

Who Is Inspected?

The FDNS selects sites at random, before or after adjudication of a visa petition.
Read more . . .


Monday, July 6, 2015

Own a business with a spouse? What happens after a divorce?


Given that this situation encompasses various areas of law, you should consult both a matrimonial and a business law attorney. Depending upon the type of business the division between you and your soon-to-be ex-wife may be straightforward. However, more than likely, it may take significant work to be able to divide the business. If you and your wife intend to continue to own and/or operate the business together, you could simply divide the ownership between the two of you.

Otherwise, the two of you have to continue to work together until the business is actually sold or dissolved.
Read more . . .


Tuesday, June 30, 2015

Getting Married to Someone with Bad Credit? Issues to Consider When it comes to Marriage and Debt


Marriage is a commitment, but in theory, it’s supposed to be a long and happy commitment. In order to give yourself the best chance at future marital bliss, you should have a frank “money matters” conversation with your partner-to-be before you tie the knot.


Marrying someone with substantial debts can impact major life decisions like buying a house, raising a family and even the type of wedding you can afford. It’s therefore essential that you sit down with your future spouse and get an idea of the condition of their credit and any hidden monstrous debts that may be lurking in the background, prepared to spoil your honeymoon.

Types of Debt

Debt can generally be divided into two categories?good debt and bad debt.
Read more . . .


Tuesday, June 23, 2015

Charitable Giving


Many people give to charity during their lives, but unfortunately too few Americans take advantage of the benefits of incorporating charitable giving into their estate plans. By planning ahead, you can save on income and estate taxes, provide a meaningful contribution to the charity of your choice, and even guarantee a steady stream of income throughout your lifetime.

Those who do plan to leave a gift to charity upon their death typically do so by making a simple bequest in a will. However, there are a variety of estate planning tools designed to maximize the benefits of a gift to both the charity and the donor. Donors and their heirs may be better served by incorporating deferred gifts or split-interest gifts, which afford both estate tax and income tax deductions, although for less than the full value of the asset donated.
Read more . . .


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