tenants-in-common Archives

May 2, 2019

But Only God Can Make a Tree (Joyce Kilmer, 1914)

Ironically, despite their divine origin, disputes between neighbors over trees often arise and, as a recent case illustrates, become the subject of hard-fought litigation. Shafi Ahmed and Nusrat Ahmed filed a Small Claims proceeding against their Middletown, New York neighbor,. Allen H. Zoghby. Both Parties appeared without attorneys. The Ahmeds alleged that roots from a tree, purportedly on the property next door owned by Zoghby (73 Beattie Avenue), damaged the pavement and driveway located at the front of the house on their property (75 Beattie Avenue). The Ahmeds also alleged that the tree’s roots were slowly moving under the foundation of… Read more

May 30, 2018

What’s in a Name? (Part 1)

Titling assets correctly is an essential part of a successful estate plan. Title controls how assets pass at the owner’s death. Depending on the title, some assets pass under terms of the Will, by operation of law, or pursuant to a beneficiary designation. While it is an integral aspect of planning, properly titling assets is often overlooked. Assets titled in the sole name of an individual become part of the owner’s probate estate when the owner dies. Probate property will pass under the provisions of the owner’s Will, or if there is no Will, to the person’s heirs under the… Read more