John J Leonard Law Office The Law Office of John J. Leonard 2026-06-04T14:27:56Z 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[Modifying a New York custody order]]> https://www.lojl.com/?p=47296 2026-06-01T14:28:42Z 2026-06-04T14:27:56Z When parents agree Uncontested custody modifications are often a simple legal matter. If parents reach an agreement about how to adjust an existing order, they can submit paperwork to the court to adjust the order based on their new agreement. As long as the judge agrees that the new terms are in the children's best interests, parents can propose any changes they deem appropriate.

When parents don't agree

If parents do not agree on the need for a modification or the details of a modification, a judge may need to review the case. Contested modifications require that the parent requesting the modification provide evidence of a change in circumstances. They must also convince the judge hearing the case that the proposed modifications are in the best interests of the children. Both those working with a co-parent to modify a custody order and those embroiled in a dispute about a potential modification may need guidance from a New York custody attorney. Understanding when the courts may agree to modify custody orders can help parents take appropriate and timely action when orders become outdated and ineffective.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[5 estate planning mistakes blended families should avoid]]> https://www.lojl.com/?p=47293 2026-05-29T14:10:52Z 2026-06-03T14:09:30Z Blended families often have strong bonds, complicated histories and financial details that do not fit neatly into a basic estate plan. A second marriage, children from prior relationships, stepchildren, jointly owned real estate and business interests can all raise sensitive questions. A simple will may not be enough to prevent confusion later. For families with significant assets, careful planning can help reduce the risk of conflict and protect the people who matter most.

1. Assuming everyone understands your wishes

Many estate disputes begin with assumptions. A spouse may believe they will stay in the family home. Adult children may believe certain assets will eventually pass to them. Stepchildren may expect equal treatment, even if the documents say nothing about them. New York’s intestacy law controls how probate property passes when someone dies without a valid will. Under the statute, if a person dies with a spouse and children, the spouse receives the first $50,000 plus half of the remaining probate estate, and the children receive the balance.  That default plan may not match what a blended family expects. Clear documents matter because they leave less room for different interpretations.

2. Forgetting about beneficiary designations

A will does not control every asset. Life insurance, retirement accounts and some financial accounts may pass through beneficiary designations instead of the will. That can create problems after remarriage. An outdated beneficiary form may still name a former spouse, an adult child from an earlier relationship or no one at all. Those forms can carry major financial consequences, even when the rest of the estate plan looks current. Blended families should review beneficiary designations after marriage, divorce, birth, adoption, major asset purchases and major changes in family relationships.

3. Treating all property the same

Some assets carry more emotional weight than others. A waterfront home, family business, investment property or inherited asset may mean different things to a spouse and adult children. A strong plan should account for both financial value and personal meaning. For example, one person may want a spouse to live in the home for life while still preserving the property for children later. Another may want a business interest to pass only to relatives already involved in the company. The right estate planning tools can help families separate lifetime support, ownership rights and future inheritance.

4. Choosing the wrong decision-maker

Estate planning is not only about who gets what after death. It also covers who can act if you become unable to make decisions. New York law allows a competent adult to appoint a health care agent through a health care proxy, and a power of attorney can authorize an agent to handle financial matters. For blended families, this choice can carry emotional weight. A current spouse, adult child, sibling or trusted friend may each have different views about care, finances and family access. The best decision-maker is not always the oldest child or closest relative. It should be someone responsible, available and able to handle pressure.

5. Failing to update the plan after life changes

Blended families change over time. Relationships strengthen, children grow up, property gets sold and new grandchildren arrive. An estate plan that made sense 10 years ago may now create avoidable conflict. Reviews are especially important after:
  • Marriage or divorce
  • A new child or grandchild
  • The purchase or sale of real estate
  • A business change
  • A serious illness
  • A death in the family
Regular updates help the plan reflect the family as it exists now, not as it looked years ago.

A stronger plan can prevent harder conversations later

Blended-family estate planning requires honesty about money, relationships and expectations. Avoiding those conversations may feel easier now, but unclear documents can leave loved ones with harder decisions later. A thoughtful plan can protect a spouse, provide for children and reduce the chance that family members end up fighting over what someone meant to do.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[What proof do spouses need to file for divorce in New York?]]> https://www.lojl.com/?p=47292 2026-05-19T14:52:12Z 2026-05-22T14:51:37Z Many people considering divorce are not sure whether they qualify or not. Confusion about what the law requires is common, in part because every state has a slightly different approach to divorce proceedings. It is common for spouses hoping to leave due to adultery or a declining and unhealthy dynamic to worry about whether they have enough evidence to justify filing for divorce. They may not have any concrete proof of the misconduct they have experienced or the change in their marital relationship. What do the New York family courts require from people who want a divorce?

Residency is the main concern to validate

New York divorce laws generally only apply to people who have lived in the state for at least one year as a couple or two years while married. If one spouse pursues a fault-based divorce, the residency requirement is only one year if the conduct that provides grounds for the filing occurred in New York. Either spouse can file, as New York is a no-fault divorce state. A spouse does not need to hire a private investigator or spend months suffering through continued mistreatment to document what has occurred to provide just "cause." They also do not need the consent of their spouse or an agreement to initiate divorce, although uncontested divorces, where spouses cooperate, are typically faster than litigated divorces, where they wait for the courts to review and rule on their disagreements or fault-based divorces. Only those who want to pursue a fault-based divorce need evidence of misconduct. Understanding the legal requirements for a New York divorce can help people in unstable or unsatisfying marriages prepare for the future. Divorce in New York is much more accessible than many people initially realize.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Different goals could trigger partnership disputes]]> https://www.lojl.com/?p=47288 2026-05-05T13:11:30Z 2026-05-08T13:11:04Z Partnership disputes can be legally complex and highly detrimental to a business’s growth and development. Partners need to be able to work together and communicate to help the business achieve its goals, but a dispute can derail this process and cause things to stagnate. In the most extreme situations, partners may decide that they actually need to dissolve the business entirely. While some partnership disputes are due to a one-time event that causes significant issues, such as one partner accusing the other of misappropriating business assets for personal gain, it is important to remember that some disputes simply revolve around the goals and priorities that those partners have. If these do not align, the partners often feel like they are working against one another.

This does not mean either business partner is inherently wrong

These types of disputes are complicated to solve because neither person is right or wrong. They simply have different perspectives. For example, one business partner may only be interested in operating a single location and remaining a small business that serves a specific community. They believe this gives them more time and energy to focus on the best possible products and services. The other business partner, however, is interested in growth and expansion. They want to franchise the business and open other locations. They believe this will be the most lucrative option in the long term. Both of these business models can be successful, but they are fundamentally very different. Partners who get into a dispute regarding what the future of that business looks like may find themselves continuously at odds.

Resolving partnership disputes

This is just one example of how a partnership dispute could occur. For business partners who have such a significant investment on the line, it is critical to know what legal steps to take to seek a resolution.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Do children get a say in custody decisions?]]> https://www.lojl.com/?p=47286 2026-04-20T09:05:49Z 2026-04-23T09:05:25Z If you’re going through a divorce as a parent, chances are your child has told you where they’d want to live. But does any of that actually matter in court? The answer is not as straightforward. While children get a say in custody decisions, their preferences are not legally binding. Judges look at the broader picture and evaluate many factors, including each parent’s ability to provide stability, emotional support, schooling continuity and a safe home environment. Your child’s wishes are only one piece of what’s in their best interests. It’s also worth noting that the older and more mature the child, the more weight their preference carries. For instance, a judge may give more consideration to teenagers who can clearly and consistently explain why they prefer one parent over the other. Still, courts tend to be cautious when a child’s stated preference shifts depending on recent conflict, pressure or changing household dynamics.

How this plays out

Courts prefer not to place children in the middle of parental conflict. As such, a child is rarely asked to choose between parents in a direct or formal way. Instead, judges rely on structured, child-sensitive methods to understand the child’s perspective without turning the case into an emotional tug-of-war. In many cases, the court may appoint an attorney for the child or a forensic evaluator to help express the child’s wishes while still keeping focus on what serves their overall welfare. For older children or teenagers, the judge may speak with them privately, away from the parents, to reduce pressure and encourage open, honest communication.

Don’t overlook legal support

Custody disputes are rarely simple, and trying to predict how a judge will weigh your child’s preference can be difficult. Having professional legal guidance throughout the proceedings can make a significant difference in how your case is presented and understood.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[How often should you review your estate plan?]]> https://www.lojl.com/?p=47284 2026-04-06T13:22:16Z 2026-04-09T13:21:53Z It is important to review your estate plan every few years to make sure that it is still relevant for your family. A good rule of thumb is to conduct this review every 3 to 5 years. After all, doing estate planning early is typically wise because you can never predict exactly when your family will need that plan or when you will pass away. Many people procrastinate estate planning, putting themselves in the position of passing away early and leaving their family without the necessary guidance. But any legal adult can draft an estate plan, even if it is done and on file for decades. Over time, that estate plan is going to become outdated, which is why conducting these reviews is necessary.

Major life events

Another thing to keep in mind is that there are certain events that happen in your life that could indicate that it is a good time to review your estate plan, even if you have not hit the three-year mark. For instance, perhaps you had a second child since drafting your estate plan, so you need to add them into the plan with your firstborn child. Or maybe your marital status changed, as you got married or divorced, so you need to add or remove provisions for your spouse. Another common reason to conduct updates is if you get a diagnosis of a disease or a disorder from your medical care provider. If you are diagnosed with early-onset Alzheimer’s, for instance, you may want to update your estate plan to include medical provisions while you still have testamentary capacity.

Addressing your estate plan this year

These are just a few examples of why it is important to review and potentially update your estate plan. Be sure you know exactly what legal steps to take as you do so.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[What remedies exist for commercial real estate fraud?]]> https://www.lojl.com/?p=47281 2026-03-31T12:44:19Z 2026-04-03T12:43:20Z A commercial real estate fraud can create an impact that goes beyond financial losses. If you are directly affected by this, the resulting feelings of frustration or uncertainty about your options are completely valid. However, understanding the remedies available under New York law can help you assess your position and protect your interests.

Understanding remedies under New York law

In New York, remedies for commercial real estate fraud aim to restore what you lost or to enforce agreements. The courts consider whether you justifiably relied on false statements, whether the other party acted with intent and the actual financial harm caused. The false statement must be material and generally concerns a past or present fact, not an opinion or future promise. The time you have to act also depends on the type of claim. Fraud claims generally allow six years from the act or two years from when you discovered it. Contract claims generally allow six years to bring a claim. Documenting the details of your claim is essential. Clear records often influence how the court evaluates your case.

Remedies you can pursue in a commercial real estate dispute

New York offers several ways to address commercial real estate fraud. These remedies can help restore your position or protect future interests, including:
  • Rescission: Undoing the transaction to return both parties to their prior state
  • Compensatory damages: Payment for actual financial loss caused by fraud
  • Punitive damages: Additional compensation in cases of intentional misconduct under exceptional circumstances
Each remedy serves a different purpose. Some address past harm; others prevent ongoing or repeated misconduct. Understanding the role of each option helps frame expectations and assess potential outcomes.

Taking control of your dispute

Exploring remedies under New York law provides insight into what may be possible in your case. High-value commercial disputes often involve complex transactions and multiple parties. Assessing remedies carefully can highlight what is realistic and what may protect your interests in the long term. Strategic approaches often focus on balancing financial recovery and the resolution of contractual obligations. Experienced guidance can also provide perspective on the legal tools that courts may allow in your situation. Considering your options thoughtfully can ultimately help you make informed decisions about the next steps in a complex dispute.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Have you chosen a child custody schedule?]]> https://www.lojl.com/?p=47278 2026-03-23T12:44:12Z 2026-03-26T12:43:34Z Creating a child custody schedule is a critical process for divorcing parents. It’s vital to choose a schedule that prioritizes your child’s best interest and is suitable for your lifestyle. Otherwise, you risk emotional instability in your child and parental conflict. Below are five factors to consider when choosing a child custody schedule:

Your child’s age

If you have an infant or a toddler, it can be beneficial to have short, frequent visits. If you have a school-age child, create a schedule that does not significantly disrupt their daily routine and extracurricular activities.  Teenagers often have social lives and various activities. A schedule with fewer transitions can work for them.

Your child’s temperament

While age is a crucial factor, your child’s temperament matters. A nine-year-old who struggles with change may need longer stays, whereas a six-year-old who is highly adaptable can handle frequent transitions.

Your child’s daily routine

Your custody schedule should accommodate your child’s daily routine, which may include daycare hours, school hours and extracurricular activities.

Sibling unity

If you have more than one child, it can help to have a shared schedule to maintain sibling unity. Understandably, this can be challenging if you have children of different ages and daily routines. Nonetheless, find a way that allows your children to spend time together.

Parents’ work schedules

A child custody schedule that aligns with each parent’s availability can be more successful. This is because it reduces the need for constant schedule changes, minimizes disruptions to daily routines and maximizes quality time with the child. You and your co-parent should understand each other’s work hours to determine a schedule that works best for both of you.  The child custody schedule you choose should provide stability and consistency. Learn more to make informed decisions that promote peaceful co-parenting.  ]]> On Behalf of The Law Office of John J. Leonard <![CDATA[Can you add flexibility to a trust?]]> https://www.lojl.com/?p=47275 2026-03-09T13:58:30Z 2026-03-12T13:57:43Z Using a discretionary trust One key thing to remember is that you do not necessarily have to choose a purpose for the assets when you create a trust. If you use a discretionary trust, for instance, you just give the trustee the ability to make their own decisions about how to use the funds. If you’re not sure about your loved one’s decision-making capacity, you can give that discretion to the trustee. You can give them the authority to allow payouts for anything they think is appropriate, whether that means college tuition, medical bills, buying a home, getting married, starting a business or anything else. In this way, you give the trustee the ability to respond to future events in real time. It’s crucial to pick someone you trust to make wise decisions with the inheritance.

Creating your estate plan

Trusts are just one potential part of an estate plan to consider. Make sure you know about all of your legal options when drafting your plan by getting experienced estate planning guidance.]]> On Behalf of The Law Office of John J. Leonard <![CDATA[How to keep your marital standard of living following divorce]]> https://www.lojl.com/?p=47273 2026-02-23T11:28:44Z 2026-02-26T11:26:49Z If you and your spouse will be divorcing this year after a long marriage where they were the primary or sole “breadwinner,” you may understandably be concerned about how your standard of living will change. That may be a particular concern if your age, health or other factors prevent you from ever obtaining the marital standard of living to which you’ve grown accustomed. Spousal maintenance (more commonly known as alimony) can make a big difference if your soon-to-be ex earns far more than you could ever hope to. Under New York law, one of the factors that can be considered in determining spousal maintenance payments (along with the length of the marriage and income, earning potential, age and health of both spouses) is the “standard of living of the parties established during the marriage.” This can be a concern for people who have been living what many consider a “lavish” lifestyle, thanks largely to one spouse’s income and/or individual assets, as well as those who are somewhere in the “middle class.” When judges are asked to determine the amount of spousal maintenance because divorcing spouses can’t agree on an amount, they’ll look at how much the paying spouse can afford without significantly affecting their own standard of living. If you need to make your case to a judge to get the amount of alimony you believe is warranted, it’s important to touch on the factors described above.

The property division agreement can also make a difference

Remember that you may also be able to use your property distribution agreement to get assets that will help you maintain your marital standard of living (such as investment accounts, rental properties and other valuable assets and sources of income).  Each divorce is as unique as the couple involved. When considerable assets are at stake, it’s crucial to have experienced legal guidance as well as the help of financial, tax, real estate and other professionals who can help you make the best decisions as you seek a fair divorce agreement that will put you on solid financial ground moving forward.]]>