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November 2011 Archives

NEW YORK SAME SEX COUPLES CAN NOW HOLD LAND AS TENANTS BY THE ENTIRETY

The New York State Equality Act which was signed into law on June 24, 2011 is now bringing about some new changes. The Act which legally recognizes same sex marriages, as of July 24, 2011, allows New York same sex couples to hold title to real estate as tenants by the entirety. Prior to New York recognizing same sex marriages, the only individuals who could own property as tenants by the entirety were married couples. Prior to the new legislation, same sex couples could only hold title to real estate as tenants in common or joint tenants with right of survivorship. A benefit of holding title as tenants by the entirety is that the co-owner is unable to transfer the property without the knowledge or participation of the other co-owner. Additionally, by operation of law, upon the passing of one spouse or co-owner, the property automatically belongs to the surviving owner. Another benefit is the unique creditor rights that attach to the ownership interests of tenants by the entirety which, afford more protection to same sex couples that were not possible before.

In Trustees We Trust

New York's Estate Powers and Trust Law welcomes the recent addition of EPTL 10-6.6 (c), enacted August 17, 2011. A product of the Trusts Estates and Surrogates Court's Committee of the New York City Bar Association, the new section clarifies much of the ambiguity within the preexisting statute.

FRANCHISEE ASSOCIATION PROPOSES NEW FRANCHISEE BILL OF RIGHTS

According to a recent article in the November 2011 issue of Entrepreneur Magazine, a franchisee organization calling itself the Coalition of Franchisee Associations ( CFA ) has recently decided to take a stand against what it asserts is as an inequity of bargaining position and a dramatic power shift in favor of franchisors. CFA asserts that franchisees are at a distinct disadvantage at the expiration of the initial franchise term when their renewal agreements are presented to them as often times the renewal terms are considerably more onerous than the original franchise agreement's terms. If the franchisee fails to sign the renewal under the new terms proposed by the franchisor, they are often left with little choice other than to sell their business to a third party or to go out of business. In response, CFA has proposed a Franchisee Bill of Rights in an effort to deal with the "my way or the highway" position taken by many franchisors.

Representation in the Nursing Home

In response to the perceived threat that over zealous attorneys posed to the elderly, the New York Coalition for Quality Assisted Living drafted rules that govern the 33 facilities they govern. In these rules, the nursing home residents would be accompanied by a nursing home representative when visited by an attorney and it would prohibit attorneys from visiting a nursing home without going to visit a specific resident. The rules released in 2007 saw substantial push back from the legal community and on October 21, 2011 the NY Court of Appeals struck down the regulations as a bar to legal representation.

SOME TURKEY WITH YOUR LAW?

"For the Truth the Turkey is in Comparison a much more respectable Bird, and withal a true original Native of America… He is besides, though a little vain & silly, a Bird of Courage, and would not hesitate to attack a Grenadier of the British Guards who should presume to invade his Farm Yard with a red Coat on."

Gary C. Angiuli Completes New York City Marathon

Gary C. Angiuli, Esq. became the first member of Angiuli & Gentile, LLP to ever complete the New York City Marathon held on November 6, 2011. Mr. Angiuli crossed the central park finish line after having completed the 26.2 mile stretch in 5 hours, 17 minutes and 46 seconds. The entire firm congratulates him on this inspiring achievement.

Angiuli & Gentile, LLP Law Clerk Passes New York State Bar Exam

Angiuli & Gentile, LLP is proud to announce that its newest associate, Stefanie L. DeMario has passed the New York State Bar exam. Ms. DeMario is a native Staten Islander and a graduate of New York Law School. She is currently awaiting New Jersey Bar Exam results.

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