The Leasing Hotline
May 30, 2007
Highlights of the latest commercial leasing cases from around the country.
Judge Delays Ruling
May 30, 2007
Many New Yorkers have for some time been frustrated by the fact that this remains the only state in the union lacking any form of no-fault divorce. Last year, the matrimonial commission appointed by Chief Judge Judith S. Kaye concluded that 'fault allegations and fault trials add significantly to the cost, delay and trauma of matrimonial litigation.' Still, little progress has been made by those seeking to change this state of affairs.
Valuing the Closely Held Business
May 30, 2007
The assessment of replacement compensation should not be undertaken without careful consideration. The valuation expert must be able to demonstrate that the analysis has been conducted using the best available data, that it was properly researched for reliability, that the components of actual compensation and replacement compensation are similar in nature and that the resulting determination is not biased and does not advocate for any position.
Older Couples and Divorce
May 30, 2007
Payment of estate tax is the greatest economic loss faced by elderly couples who divorce. While married, each spouse may leave all or any portion of his or her estate to the surviving spouse, either in trust or outright, free of all estate and gift tax. This marital deduction, coupled with the applicable exclusion amount and prudent estate planning, saves a married couple a substantial amount of federal estate tax, and in some instances all estate tax, allowing more accumulated wealth to pass to their children and grandchildren.
Limiting the Impact of Co-Tenancy Requirements
May 30, 2007
A co-tenancy requirement may have substantial negative effects, including a domino effect if more than one tenant ceases to operate. Part One of this series discussed defining co-tenancy requirements, limiting their duration, and defining violations. The conclusion addresses notice and cure rights and limiting the tenant's remedies.
Applying Pressure to Get a 'Get'
May 30, 2007
In an unusual twist on a growing religious issue, a Boca Raton, FL, psychiatrist who refused to grant his ex-wife a Jewish religious divorce ('get') has filed suit to stop members of a local synagogue from holding demonstrations in front of his office demanding that he give her the divorce.
New Standards for Appraisers
May 30, 2007
Since mid-2006, several extraordinary changes have taken place with regard to 'raising the bar' of valuation practitioners. Family law attorneys need to recognize these changes and be prepared to demand better expert appraisal services. Not only will you be more able to challenge the unprepared novice, but you should expect that your expert appraiser may well be challenged by competent opposing counsel.
