Author Archives: Friedman & Ranzenhofer

Protection From Elder Abuse

The typical elder abuse victim is a widow who is socially isolated, physically and/or cognitively impaired and denies or is reluctant to report abuse. The typical abuser is a family member caregiver with drug, alcohol or mental health problems, a controlling personality and/or ineffective coping skills who is under financial, emotional or marital stress. However, […]

Small New York Estates Are Larger

The definition of a New York “small estate” has been increased from $20,000 to $30,000 or less, effective January 1, and 2009. The settling of an estate is can be expensive and very difficult for the decedent’s family. The probate process can be very lengthy and emotionally draining. The simplified procedure for small estates provides […]

New Pool Safety Act

To prevent the deadly underwater entrapment of children caused by suction from pool drains, the Virginia Graeme Baker Pool and Spa Safety Act of 2007 regulating drains in public swimming pools went into effect on December 19, 2008. Seasonal public pools and spas that are currently closed must be in compliance with the law on […]

Seven Costly Mistakes To Avoid When Purchasing Rental Property In The Buffalo – WNY Area

If you are considering buying rental property, you must avoid these costly mistakes: #1 Bad Location The property should be in an area where the demand for rental housing exceeds the supply and there is access to public transportation, churches, schools and stores. This will ensure good rents and resale price. #2 Failure to check […]

New York Burial Rights Law

New York State law allows you to control the disposition of your remains by designating a person to carry out your wishes. Although you can state your wishes in your Will, the Will might not even be read or opened until after the funeral services. The form for the appointment of an agent to make […]

Free Buffalo And WNY Legal Services

So you need legal assistance and can’t afford it? Then here’s a list of WNY legal resources where the service they provide is at little or no cost. Client Advocacy Service (716) 886-1242 A public interest legal advocacy center providing civil legal representation to mental health clients 18 years and  older for Social Security Disability […]

Landlord Has No Duty To Mitigate

The tenant vacated his apartment before the lease expired and stopped paying rent. The landlord unsuccessfully tried re-renting the apartment and decided to sell the unit, keeping it vacant to make it more marketable. The landlord later sued the tenant for the unpaid rent for the entire lease term.Landlords no longer have a duty to […]

Nursing Home Verdicts

These are recent verdicts for residents against nursing homes for deaths and injuries: Undetected gastrointestinal bleeding led to resident death (Bernalillo County, New Mexico District Court, $54,000,000).  93-year-old resident choked to death after nurse’s aide gave him the wrong meal (Waterbury County, Connecticut Superior Court, $3,400,000). Resident suffering from dementia drank lye that was left […]

New Lead Paint Rules For Renovations

Contractors or landlords are required to have tenants sign a PRE-RENOVATION DISCLOSURE FORM  beginning December 22, 2008  which indicates that the tenant has received the EPA’s RENOVATE RIGHT: IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS, AND SCHOOLS  lead hazard information pamphlet before starting  renovation of residential buildings built before 1978. This pamphlet must […]

New “Due on Sale” Law

State-chartered banks may no longer exercise residential mortgage “due on sale” clauses upon the borrower’s death or inter-family transfers. A mortgage “due on sale” clause requires that the borrower pay the full balance of a mortgage when the property is sold. Federal law prohibits federally-chartered banks from treating property transfers between family members as a […]