Russo, Karl, Widmaier & Cordano PLLC Long Island Personal Injury Lawyer | Criminal | Estate Planning 2025-06-11T19:32:50Z https://www.rkwclaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1401651/2019/12/cropped-site-icon-e1576613413748-32x32.png by jindusi <![CDATA[TOD Deeds – Too Good to Be True?]]> https://www.rkwclaw.com/?p=48261 2024-08-01T19:28:35Z 2024-08-01T19:28:35Z
On July 19, 2024, NYS enacted a law allowing TOD Deeds, wherein you can transfer your house or other real property directly to named beneficiaries upon your death. The TOD Deed is a simple, cost-effective way to designate beneficiaries for your real property, while remaining in complete control of the property during your lifetime and avoiding the probate process in Surrogate’s Court upon your death.
Sound too good to be true? For many of our clients, it probably is. While the law just recently went into effect, it's easy to spot the drawbacks of a TOD Deed when compared to the many benefits of a Trust. Problems can arise if you name multiple beneficiaries on the TOD Deed, who may fight over the ultimate sale of the property. In addition, unlike property owned by a Trust, the property subject to a TOD deed can be clawed back into an estate to satisfy creditor’s claims. Additional problems may arise if you need to qualify for Medicaid to pay for long-term care, because the property may make you over-resourced for Medicaid purposes, and will remain subject to Medicaid liens after your death. Trusts avoid these complications and maintain your privacy, unlike TOD deeds that become public records.
Please do not hesitate to contact us to learn more. We offer free consultations and we're happy to determine the best estate plan to fit your needs.
]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[How much will a DUI really cost me?]]> https://www.rkwclaw.com/?p=46895 2020-03-23T14:00:03Z 2020-03-23T14:00:03Z As a New Yorker, you probably enjoy a few drinks every now and then to celebrate, wind down after a long day or watch the Knicks drop a game. However, driving while under the influence of alcohol can result in a DUI ticket. A DUI can cost you more than you think.  BACtrack outlines the various costs of a DUI. You lose your ability to drive temporarily with a DUI conviction and must then pay for public transportation. In addition to the costs of urban transport, you must factor in the additional time to move about your day.  You can expect to pay about $9,500 in New York for a conviction and that is for a first-time offender. Not to mention that your employer may not want you working for them any longer with a DUI on your record. This is especially true for those relying on their driving abilities for work.  Your auto insurance rates can increase or cancel altogether. The police may impound your vehicle. Even if not convicted, you can expect to pay legal fees, probation fees, counseling and education program fees, court costs and bail.  You may also need an ignition interlock device for a period of time in order to operate your vehicle. These devices are not only expensive but also inconvenient and often embarrassing to use. Many people experience guilt and embarrassment over receiving a DUI even without a conviction.  Driving under the influence is expensive and more costly with each conviction.]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[What is white-collar crime?]]> https://www.rkwclaw.com/?p=46892 2020-03-20T20:30:54Z 2020-03-20T20:30:54Z Federal Bureau of Investigation says that white-collar crimes are different forms of fraud. You might commit corporate fraud if you perform insider trading. You might also change your account statements so your books represent a positive financial state. Additionally, investment fraud is another type of white-collar crime. This type of fraud targets people who are trying to invest their money by offering them investment opportunities that are too good to be true. Investment fraud can also come in the form of Ponzi or pyramid schemes. Money laundering is another kind of white-collar crime. In this situation, you might hide the source of your money to make it look like your money came from a valid source. Additionally, intellectual property theft is also considered to be a kind of white-collar crime, as well as identity theft. Health care fraud and mortgage fraud also fall under this category. You may think that you have to physically harm someone to commit a criminal offense. While physical harm can be an element of many criminal offenses, it is not an element of white-collar crime. White-collar crime is serious because of the danger it poses to people's finances. You may do irreparable damage to a family's or a company's finances. These offenses are different from general criminal offenses because someone who commits white-collar crime typically conceals information for financial gain.]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[Felony DUI offenses in New York]]> https://www.rkwclaw.com/?p=46898 2020-03-18T14:41:32Z 2020-03-18T14:41:32Z While many convictions for driving under the influence in New York are misdemeanors, the state punishes some DUIs on the felony level. These more severe crimes carry jail time, enhanced fines and other legal penalties.  These are the common categories of felony DUI offenses under state law.  Multiple aggravated DUIs  New York charges drivers with aggravated DUI when they have measured blood alcohol content higher than 0.18% at the time of the arrest. A second aggravated DUI conviction within 10 years of the first is a Class E felony and will result in a license suspension of at least 18 months, up to four years in jail and fines from $1,000 to $5,000. A third aggravated DUI in the same 10-year period is a Class D felony and carries 18-month license suspension, up to seven years in jail and fines of up to $5,000.  Vehicular assault and manslaughter  If a driver injures another person while driving under the influence of alcohol or drugs, he or she could receive a vehicular assault conviction. This Class E felony carries the same penalties as for a second aggravated DUI offense.  Second-degree vehicular manslaughter occurs when a drunk driver causes an accident that kills someone. This type of vehicular manslaughter is a Class D felony. However, certain circumstances may result in elevated penalties.  First-degree vehicular manslaughter results when the driver 
  • Already had a suspended license 
  • Refused breath testing 
  • Had a measured BAC above 0.18% 
  • Had a previous vehicular assault or manslaughter conviction 
  • Had a DUI within the past 10 years 
  • Caused the death of someone younger than 15 
  • Caused the death of more than one person 
This Class C felony carries up to $5,000 in fines and up to 15 years in prison. Aggravated vehicular manslaughter occurs when a first-degree manslaughter charge also included reckless driving. This Class B felony results in up to $5,000 in fines and up to 25 years in prison for a conviction. ]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[What is the difference between a misdemeanor and a felony?]]> https://www.rkwclaw.com/?p=46884 2025-06-09T10:08:48Z 2020-03-16T15:28:28Z On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[NYC bicycle deaths jump in 2019]]> https://www.rkwclaw.com/?p=46881 2020-03-11T14:00:06Z 2020-03-11T14:00:06Z bicyclists killed on city streets that year far outnumbered that from the entire 2018 calendar year. In 2018, 10 riders died in accidents across New York. In the first three quarters of 2018, the city recorded 22 bicyclist deaths. Just a few years into the Mayor's program designed to eradicate traffic deaths, called Vision Zero, it seemed that things had taken a turn for the worse. Fast forward into 2020 and the New York Post reported that even more bike riders were killed in the remaining months of 2019. The 10 cyclist deaths of 2018 were followed by 29 cyclist deaths in 2019. Of the 29 riders killed, 17 perished in Brooklyn alone. In response to this tragic trend, the city has initiated work to create 30 miles of new bike lanes or paths, 10 miles of which will be in Brooklyn. The prevalence of large trucks and SUVs has been suspected to be a contributor to the problems faced by bicyclists.]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[The basics of a not-for-profit organization]]> https://www.rkwclaw.com/?p=46868 2021-07-09T16:30:38Z 2020-02-21T17:00:13Z Nonprofit and not-for-profit organizations exist under the umbrella of the term “nonprofit,” but some consider the two slightly different. Both are organizations that do not turn a profit for employees or members.  Many people believe that nonprofits and not-for-profits do not make any money, which is untrue. The National Center for Charitable Statistics, part of the Urban Institute, reports that the nonprofit sector contributed around $986 billion to the U.S. economy back in 2015.  While their purpose may be noble, nonprofits do not function without funding. Not-for-profits are like for-profit businesses in that they still need responsible financial management. Each entity has an income with which to maintain itself. Both entities are tax-exempt under different tax codes. A 501(c)(3) is typically an educational, religious or charitable foundation that does not influence legislation, either on the federal or state level. This type of organization has employees and volunteers who do not receive any money from the nonprofit’s fundraising efforts. Instead, the organization pays employees with sources outside of fundraising efforts. A 501(c)(7) is generally geared more toward recreational pursuits or pleasure. When this type of entity has excess funds, it can use them to pay its working members, including money from fundraising campaigns.  In New York, according to the Department of State Incorporation Guide, there are four types of not-for-profit corporations, categorized by purpose. Types A and B are the two most commonly formed. Type A includes organizations with fraternal, athletic or political purposes. Type B organizations focus on religious, scientific or charitable works, such as the prevention of cruelty to children and animals. ]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[Can post-op infections be classified under medical negligence?]]> https://www.rkwclaw.com/?p=46865 2020-02-18T16:00:07Z 2020-02-18T16:00:07Z 500,000 Surgical Site Infections in the United States annually. The outcomes and costs of these infections often vary depending on the surgery type and location. However, they have almost the same effect on the victims. The World Journal of Emergency Surgery has estimated that Methicillin-Resistant Staphylococcus Aureus Surgical Site Infection results in over $5 billion indirect and direct medical costs annually. Increased costs reflect poorly on the competence of the nurses in the care of patients. Sometimes patients may sue the hospitals for negligence, which will impact financials of the hospital when it pays fines for malfunctions. Hospital infection surveillance programs recently have been sabotaged by same-day surgeries, outpatient surgeries, and postoperative hospital stays. Thus, most of these infections occur after the patient has gotten discharged while 75% of surgical procedures get done in the ambulatory setting. There are those which happen in an inpatient setting, with the postoperative admission length decreasing significantly. There is an approximate that up to 84% of SSIs occur when the patient gets discharged, and it occurs in the outpatient setting. As such, the ambulatory nurses are busy with treating cases that would have can get prevented with great care and more tests. Some patients who need treatment for new cases may be put off or have to wait for too long because the nurses are busy with testing and treating these infections.]]> On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[Will New York legalize marijuana in 2020?]]> https://www.rkwclaw.com/?p=46875 2025-06-09T10:50:48Z 2020-02-13T15:00:19Z On Behalf of Russo, Karl, Widmaier & Cordano PLLC <![CDATA[Should you include your copyright in your estate plan?]]> https://www.rkwclaw.com/?p=46878 2020-02-07T19:00:23Z 2020-02-07T19:00:23Z your copyright will outlive you by 70 years. This means that after your death, your heirs will have the copyright on your work because it will transfer to them. Typically, if you have a spouse, then he or she will get ownership of it. If you do not have a spouse, then it would go to your children in most cases. State law will generally dictate who automatically receives your assets upon your death if you do not create an estate plan. So that you ensure the person you want gets the copyright, you should state it in your will. This is a good idea even if you expect it to go to your spouse or child. It will help erase any questions and leave clear instructions of your wishes. Keep in mind that whoever you leave the copyright to will then gain all the rights. This means he or she may use it in any way he or she wants. Furthermore, he or she will benefit financially from it.]]>