Legal News from Mikel J. Hoffman P.C.

Sunday, July 24, 2016

Statute of Limitations on Debt Collection In New York

If you are on either side of a debt collection case, you might find yourself in court fighting against or asking for a judgment that the debt must be paid. One of the most important things to keep in mind in these types of cases is determining what the statute of limitations is for the type of debt involved and a business attorney can help.

Sunday, July 24, 2016

What You Should Know About Comparative Negligence in New York

Comparative negligence is an interesting topic of discussion in New York State in regards to accident law and personal injury law. If someone is injured or involved in an accident, the biggest question most courts deal with is whether or not one of the parties is at fault. But what if both parties share at least part of the blame?

Sunday, July 24, 2016

How To Choose An Executor For Your Estate

Estate planning encompasses many different things. One aspect of estate planning is preparing and drafting your last will and testament – a document that will outline what will happen with one’s possessions after their passing, whether they are being left to another person, group or donated to charity.

Saturday, August 5, 2017

Power of Attorney: What You Need To Know

Power of Attorney is a legal document that allows a person (known as the principal) to select another person or organization (called the agent) to have control of their affairs should the person who issued the power of attorney become unable to do so. There are different types of power of attorney, including general, health care, special and durable power of attorney.

Tuesday, August 1, 2017

Who is entitled to a Mechanics’ Lien?

Most states confer the right to a mechanics’ lien on any person who performs certain work or who provides materials for their work on an owner’s property. Although some states limit the right to a mechanics’ lien to certain types of persons, those persons normally include general contractors, subcontractors, and suppliers.

Tuesday, August 1, 2017

Regulatory Taking: When and What You Can Do

A regulatory taking exists when a government regulation is so burdensome and restrictive as to what an owner may do with his property that the government has essentially “taken” the property. Restrictions on land use are prominent when the property is a historic structure.

Tuesday, August 1, 2017

Patents and the Construction Industry

Know what your rights are as a patent owner and the power you possess. If someone is infringing on your patent you could be missing out on a substantial amount of lost capital.

Tuesday, August 1, 2017

Historic Preservation – Federal Enactments

Federal Enactments passed during the 20th century preserving remains of critical historical resources, monuments, and objects.

Tuesday, August 1, 2017

What is the Fair Debt Collection Practices Act? (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) was passed by Congress in 1977 and aim is to eliminate abusive debt collection practices. If you owe or need to collect a debt, the debtor is usually required to pay up, but how the lender goes about collecting may land them in hot water if they don’t follow the law.

Tuesday, August 1, 2017

When Do I Consider Making An Advanced Health Care Directive (AHCD)?

Short answer: Now. It’s never too early to create an Advance Health Care Directive (AHCD). Thinking about the future and not having control over your medical treatments can be challenging.

What Happens If I Do Not Have an Estate Plan

Sunday, July 24, 2016

Why Do You Need An Estate Plan?

Estate Planning is crucial no matter if you’re young or old, if you’re single or married, if you have children or not, if you have a high income level or not, or if you have many or few other physical or financial assets or prized possessions.

Sunday, July 24, 2016

Estate Planning for the Unmarried: It's Not as Difficult as You Think

It’s a common problem. People wait to set up their estate and very often that means they’re delaying things until after they get married. But what happens if you’re not married? If you’re single, it’s extremely important to plan for the future and have control over how your assets are distributed should something happen to you.