John J Leonard Law Office The Law Office of John J. Leonard 2026-09-30T06:10:32Z https://www.lojl.com/feed/atom/ WordPress /wp-content/uploads/sites/1503099/2021/03/cropped-Favicon-32x32.png On Behalf of The Law Office of John J. Leonard <![CDATA[Can a non-biological father get ordered to pay child support?]]> https://www.lojl.com/?p=47316 2026-09-25T06:12:04Z 2026-09-30T06:10:32Z When the law treats a man as a father despite biology New York courts recognize something called "paternity by estoppel." This legal principle can require you to continue financially supporting a child even when DNA proves there is no biological connection. New York courts apply this principle when a man:
  • Signed a formal document acknowledging the child as his
  • Consistently provided child support over time
  • Held himself out publicly as the child's father
  • Built a parenting relationship with the child over an extended period
The law looks at your relationship with the child and the role you've played in their life. If you signed anything legally establishing yourself as the father, then that single signature creates enforceable obligations. Courts view this document as your voluntary acceptance of parental responsibility, making it difficult to walk away later.

Time limits matter when challenging paternity

You can't challenge paternity indefinitely. New York law sets strict deadlines on paternity challenges. Generally, you have 60 days from the date you signed the acknowledgment to rescind it without needing to prove anything beyond your change of heart. After that window closes, courts require clear and convincing proof of fraud, duress or a significant mistake of fact. Take note that the longer you wait, the harder it becomes to challenge your legal status as the father.

Why courts put a child's stability above everything else

Family courts prioritize stability for children above all else. Even when DNA evidence confirms no biological connection, courts may still require financial support if the child has come to depend on you emotionally and financially. Judges consider how severing your relationship with the child might harm them. If you've acted as a father for years, paying for needs and building memories together, courts often decide that continuing your support serves the child's welfare. The biological truth, while important, doesn't always override the child's need for consistency and security.

Establishing paternity early protects your rights

So, can a man pay child support for a child who isn't biologically his? In New York, yes. Establishing paternity early protects not only you but everyone involved. Doing this early protects your financial future and gives the child the stability they deserve. Professional legal guidance helps you make informed decisions during this emotionally charged time, ensuring you protect both your financial future and the child's stability.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Estate planning for real property in multiple states]]> https://www.lojl.com/?p=47319 2026-09-24T06:35:39Z 2026-09-29T06:34:38Z Families who own homes or land in more than one state often face added complexity when planning for future transfers. Since each state has its own probate rules, tax structure and property laws, a plan that works well in one jurisdiction may create delays or added costs in another.  Developing a clear strategy can help reduce administrative burdens and make certain that property passes according to your wishes.

Managing multi‑state probate

When an owner dies with real property located outside the home state, their estate may need to open ancillary probate proceedings. This process allows the other state to recognize the primary probate and authorize the transfer of local property.  Ancillary probate can increase timelines and associated expenses, so many individuals look for ways to avoid it. Using planning tools that streamline transfers can reduce the need for court involvement.

Using trusts to simplify transfers

A revocable trust is a common method for managing property in multiple states. When real estate is titled in the name of the trust, the property can pass to beneficiaries without going through probate in each jurisdiction.  This approach helps maintain privacy and reduces administrative steps. It also allows the trustee to manage or sell property during incapacity or after death without waiting for court approval.

Coordinating state‑specific requirements

Each state has its own rules for deeds, homestead protections and property taxes, making it important to ensure that documents comply with local law. Key considerations include:
  • Ensuring deeds are properly recorded
  • Confirming property tax obligations
  • Reviewing state‑specific transfer rules
A coordinated estate plan can help prevent delays and unexpected costs. With strong legal guidance, you can create a structure that supports efficient management and smooth transfers across state lines.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Who do you pick as your trustee?]]> https://www.lojl.com/?p=47315 2026-09-02T10:54:25Z 2026-09-07T10:53:42Z A trust can be added to an estate plan to protect assets from probate, estate taxes and debt collectors. Assets in a trust are managed by a trustee, and it’s critically important to make sure that you choose the right party for that role. Before choosing your trustee, you may want to learn more about what a trustee does and what qualities they should have. Here is what you should know:

What does a trustee do?

A trustee is typically responsible for managing and distributing funds to a trust’s beneficiaries according to the terms of the trust. A trustee’s fiduciary duty can include monitoring trust investments, avoiding conflicts of interest, disclosing any information about the trust to beneficiaries and generally managing the funds or investments to the best of their ability. Most importantly, a trustee has a fiduciary duty to act in the best interests of the trust and its beneficiaries. 

What qualities should a trustee have?

A trustee can be a family member, close friend or professional accountant. However, that does not mean just anyone should be the trustee of your trust. You want to choose someone with:
  • The practical skills to handle the administrative details of the trust: Keeping records, paying bills, tracking funds, making investments and meeting deadlines are all part of the job. Your chosen trustee should either have the skill to manage these details or be willing to hire the appropriate advisors, accountants or assistance.
  • The personal qualities you expect: You clearly want your trustee to be honest, impartial and fair, but they should also be good at communication and capable of avoiding conflicts with the beneficiaries. 
  • The time and ability to perform the role: Your chosen trustee should be geographically available and have the time and energy necessary to do the work.
Sometimes, there is no family member or friend that meets the criteria for a good trustee. In those situations, it may be necessary to hire a professional trustee. Before drafting a trust, you may want to reach out for professional legal guidance to learn about your legal options.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[What should you know about child custody?]]> https://www.lojl.com/?p=47311 2026-08-19T08:07:54Z 2026-08-24T08:07:02Z Divorce can be a very difficult time for parents and children. Parents often struggle to explain to their children what will happen after the divorce. Parents may consider learning more about child custody and discussing it with each other before talking to their children. Understanding the basics of child custody can help parents prepare for the future. There are a few terms to understand when learning about child custody. The first two terms are legal and physical custody. Here is what you should know:

What are legal and physical custody?

Legal custody means that a parent can decide how their child is raised. When parents have joint legal custody, they can work together to decide where their child goes to school, for example. Co-parents may have to talk about their child’s medical care, interaction with their community or religious upbringing, for example. Physical custody refers to where a child lives. Co-parents who share physical custody often have custody schedules. A custody schedule determines where a child lives each day of the week and when parents are responsible for caring for their child. Sometimes one parent has custody of their child. This is referred to as sole custody. A parent with sole legal custody can decide how their child is raised without input from the other parent. A parent with sole physical custody is responsible for their child’s daily care. The other parent may only have visitation days. Want to learn more about child custody? You can reach out for professional legal guidance to learn more.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Can you ensure a beneficiary makes wise decisions?]]> https://www.lojl.com/?p=47308 2026-08-05T08:51:40Z 2026-08-10T08:51:03Z For wealthy couples who are doing their estate planning, there can be some concerns over how beneficiaries will use their inheritance. Perhaps you are drafting your estate plan in your 50s, and you have a child who is technically a legal adult, but they are still in college. You are worried that, should they suddenly receive a large inheritance, they will not necessarily make wise decisions with that money. Fortunately, there are some estate planning steps you can take to guide their decisions and protect them from a financial perspective. Often, rather than leaving them the money in your will, it can be helpful to put that money into a trust.

A spendthrift trust

One example is a spendthrift trust, which releases the money to the beneficiary over time. They may get a set amount that they can withdraw annually, for example, or they may get access to the funds at a specified age, such as 25 or 30 years old. By spreading the money out, you help ensure that they cannot simply spend their whole inheritance quickly. You also ensure that they get the inheritance at an older age, when you may hope that they will make wise decisions, such as buying a home for their family or starting a business.

A discretionary trust

Another option is simply to pick a trustee who is older and who will make wise decisions that are in the beneficiary's best interests. You can let this person use their discretion, so there are not any strict restrictions on how the money can be spent. But the trustee will make sure that the beneficiary does not waste it or make frivolous purchases.

Setting up a trust

These are just two examples of how you can use a trust to strengthen your estate plan. If you are interested in doing so, it can help to work with an experienced estate planning attorney.  ]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Divorced? What happens to frozen embryos?]]> https://www.lojl.com/?p=47305 2026-07-27T09:57:30Z 2026-07-30T09:56:56Z Disputes that can arise over frozen embryos After divorce, you and your former spouse may disagree about the disposition of frozen embryos. Disputes may involve:
  • Future use: One person may want to use the embryos while the other objects to becoming a genetic parent.
  • Storage: You may disagree about continued storage or responsibility for related costs.
  • Donation: One person may support donating the embryos for research or to another intended parent while the other objects.
  • Disposal: You may disagree about whether the clinic should discard the embryos.
A court may examine prior agreements and each party's rights concerning embryo disposition when determining who has future control.

The role of your IVF agreement

Fertility clinics often ask intended parents to sign consent forms addressing embryo storage and future use. These documents may become central if you and your former spouse later disagree about the embryos. Courts have relied on prior written agreements to resolve disputes over frozen embryos. If clinic forms conflict with a separate agreement or contain ambiguous terms, a court may examine the documents to determine which provisions govern.

Identifying the terms that may apply

An embryo dispute can involve documents executed at different stages of IVF. Gathering these records and comparing when each was signed can clarify the terms at issue. This review can identify the points of disagreement and legal questions that may require resolution.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[How is property divided in LGBTQIA+ divorces?]]> https://www.lojl.com/?p=47302 2026-07-20T10:02:21Z 2026-07-23T10:00:32Z Factors that can make property division more complex Marital property division follows the rule of equitable distribution. That means a judge seeks a fair result based on the facts of the marriage rather than automatically splitting everything in half. The court identifies which property is marital and which property is separate. Several circumstances often need closer attention during an LGBTQIA+ divorce. These may include:
  • Marriage timeline: Since same-sex couples could not legally marry nationwide until 2015, you may need to show when certain assets became part of the marital estate.
  • Years spent living together before marriage: If you bought a home, built savings or combined finances before you could marry, those facts can affect how a court treats certain property.
  • Older estate planning documents: Wills, trusts and powers of attorney created before marriage may not reflect later legal changes or your shared intentions.
While these issues do not appear in every divorce, they can affect how a court classifies, values and divides marital property.

Marital property allocation may depend on marriage facts

No two divorces involve the same financial picture. The length of the marriage, the date each asset was acquired and the way each spouse used the property often shape the final result. Each case also involves different records and legal concerns. Understanding how equitable distribution applies to your finances can help you prepare for the process. Legal guidance can also clarify how a court will likely classify property and which facts may carry the most weight.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[What are my rights if my property is marked for condemnation?]]> https://www.lojl.com/?p=47303 2026-07-13T09:47:30Z 2026-07-16T09:46:12Z Receiving notice that your property may be acquired through eminent domain can be overwhelming. Whether you own a home, rental property or commercial building, you may be wondering what rights you have and whether you can challenge the process. While the government can acquire private property for certain public projects, New York law also provides important protections for property owners. Understanding your rights can help you make informed decisions before responding to a proposed taking.

You can challenge the purpose of the taking

A condemnation is not automatically beyond question. If you believe your property is being acquired for reasons that primarily benefit a private developer rather than a legitimate public purpose, you may have grounds to challenge the decision. Many disputes involve properties labeled as blighted or underused. Property owners can argue that these designations are unsupported or that the proposed project does not satisfy the legal standards required for eminent domain.

You have the right to seek fair compensation

One of the most important protections is the right to receive just compensation. This generally reflects the fair market value of the property, but determining that value is not always straightforward. If only part of your property is taken, the remaining land may lose value because of reduced access, visibility or usability. Property owners may also argue that the property should be valued based on its highest and best potential use rather than only its current use. These issues are common under New York real estate law and often require careful evaluation.

Business owners may have additional claims

If your property is used for business purposes, compensation may extend beyond the land itself. Certain trade fixtures and specialized equipment that cannot reasonably be relocated may qualify for separate compensation. Business owners may also need to document how the taking affects their operations, particularly when relocation is difficult or significantly reduces the property's value. If your property has been identified for condemnation, do not assume you must simply accept the outcome. Understanding your rights is an important first step. If you have questions about New York real estate or eminent domain in New York, seek legal guidance as soon as possible.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[How civil litigation can address title issues]]> https://www.lojl.com/?p=47298 2026-06-29T09:31:46Z 2026-07-02T09:31:10Z What are quiet title proceedings? Title records confirm the presence of an easement or a lien against real property. They validate who the owner of the property is and even where the boundary for the parcel falls. County recorders generally try to keep title records accurate and up-to-date. However, sometimes county records contain inaccurate information. In those cases, legal action might be the most efficient means of correcting outdated and inaccurate records. Quiet title proceedings allow a judge to review official records and the evidence provided by the property owner. They can remove former owners, correct legal descriptions and eliminate easements or liens that should not remain on the official record anymore. Quiet title proceedings may make it easier to secure title insurance when buying or refinancing a home. People concerned about inaccurate records may need to discuss their particular issue with a real estate attorney, and that’s okay. Timely action can limit the likelihood of title issues delaying or canceling a transaction.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Can you buy a new home when getting a divorce?]]> https://www.lojl.com/?p=47297 2026-06-15T09:56:12Z 2026-06-18T09:55:21Z can you do so?

Legally, you can

You can legally buy a new home when going through a divorce. The crucial question is, should you buy one? Buying a home before your divorce is final can be complex. New York is an equitable distribution state. So, any property purchased by funds/property obtained during your marriage can be considered marital property. Consequently, it can be subject to property division. If you purchase a house and the funds you use for the down payment or mortgage were acquired during your marriage, your soon-to-be ex-spouse may have a claim to part of your new home. Additionally, New York imposes automatic orders in matrimonial actions. This financial freeze takes effect immediately upon the plaintiff filing the summons and immediately upon the defendant being served with the divorce papers. With these orders, a spouse is not generally permitted to sell, transfer, hide, encumber or otherwise dispose of any marital assets or separate property without written consent from the other spouse or a court order. Therefore, if you want to buy a home before your divorce is finalized, you should obtain written consent from your spouse or a court order. And to protect yourself, ensure that you use demonstrably separate property/funds, such as pre-marital assets, specific inheritances and income earned after the divorce filing date. Buying a home when getting a divorce may expose you to certain complications. Consider getting more information about the best way to approach it and other living arrangements by seeking legal guidance.]]>