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Contest a Will: a Challenging Process
By Greg T. Rinckey Q: Shortly before my father passed away, my sister talked him into leaving me out of a trust he initially created for both of us. What can I do so I don’t get left with nothing? …
Go Back to School With the Post-9/11 GI Bill: A Lawyer’s Story
Originally posted in New York Law Journal. With the last U.S. forces being pulled out of Iraq in December 2011 and troops expected to leave Afghanistan by 2014, over 1 million members of the armed forces will come off active …
Ask the Lawyer: Don’t Approach Commercial Lease too Lightly
Question: I want to relocate my retail business to a shopping plaza that attracts more traffic than the one where I am currently located. I’ve been at the same location for years, so what should I know now about shopping …
Navigating Associateship Contracts and Purchase Agreement
CONTRACTS. They can evoke as much tribulation in dentists at the start of their careers as the drill can instill in patients. Whether it is an associateship contract or a purchase agreement for an existing practice, dentists have good reason …
Ask the Lawyer: Recourse to Anticipated Breach of Contract
Question: A supplier with whom my company deals has been giving us the runaround for weeks. He’s having trouble delivering goods, and if I don’t get them soon then my business will be in big trouble. Do I have to …
When in Doubt, Don’t Wear Uniform to Off-base Events
Q: I am very active in community events off base. How do I know when not to wear my uniform? A: If you need to even think of the question, don’t wear your uniform. These days, many service members risk …
Brand Power – It’s How You Stand Out in the World
Greg Rinckey is an attorney the same way the Nike swoosh is running shoes or the Big Mac is fast food. “The Rinckey brand means federal employment and military law. I want to be known as the go-to firm for …
Healthy, Wealthy & Wise
Ask the Pros What is the No. 1 legal document that everyone should have prepared for 2012? Everyone needs a will in 2012. A new state law in 2011 made it easier for individuals to challenge the validity of a …
Housing Market Stability a 2012 Wish
By Graig F. Zappia Homeowners had it rough in 2011. The nation’s unemployment rate stubbornly hovered around 9 percent for most of the year and the debt crises in Washington and Europe agitated Wall Street more than any Occupy protesters. …
Ask the Lawyer: Entrepreneur Considers Expanding in 2012
Question: The small manufacturing company my best friend and I launched a year ago is finally taking off. My partner is a little more ambitious about growing the business than I am. Do you have any recommendations for entrepreneurs preparing …
Keep Your Cool Co-Parenting This Summer
School will be out soon and the children couldn’t be happier. Summer schedules, however, present many challenges for divorced or separated parents who now have children home 24/7 and need to rearrange custodial access schedules. With fewer stay-at-home parents these …
Memorial Donations Should Be Arranged Before Inclusion in an Obituary
We are very familiar with a decedent’s desire to leave a legacy or to make one last expression of gratitude to an organization he or she supported during life or that supported the decedent during his or her final illness. …
Should You Adopt Your Stepchild?
With so many second marriages forming these days, the “blended family” has become a common event. The term refers to families that bring together children from prior marriages or relationships, to live in one household together. Over time, the bond …
Will Child Support Increase Due to the Temporary Payroll Tax Holiday?
Child support calculations in New York State will now be affected by the new temporary employee payroll tax cut, which is referred to as the Tax Relief Act of 2010 and became effective January 1, 2011. In addition to including …
The D.C. Circuit Gives Agencies the Specifics About Informal Counseling
In a recent decision by the United States Court of Appeals for the D.C. Circuit, the court vacated a previous decision dismissing a class action discrimination case against the Federal Reserve Board for failure to exhaust administrative remedies. At issue …
Breaking Glass
Family. It’s one word, but it means so much. It is central to our daily lives and to the decisions we make. It can create memories or conflict, joy or pain, and it can present opportunity and responsibility. That is …
FINANCE 101: Allocation of College Expenses in a Divorced/Separated Family
Given the current economy and skyrocketing college costs, determining how to pay for children’s college expenses can be difficult enough these days in an intact family. This issue is made all the more difficult when the parents are divorced or …
Planning Ahead Can Reduce Uncertainty and Worry
Studies show that uncertainty and procrastination are among the leading causes of stress. Oftentimes they work hand-in-hand to create an even higher level of worry. Unanswered questions about the future cause concern, and failure to take action regarding those questions …
Child Custody and the Holidays
The holidays are stressful for most of us and having children can make them even more so. This is especially true when the parents are split or divorced. Depending on the age(s) of the child or children, the stress can …
More Exciting New Laws
By now most everyone has heard or read about New York State going “No Fault” by providing grounds to divorce a spouse based on an irretrievable breakdown of the marriage for a period of six months. What is getting less …
Article 81 Guardianship
While much of what is discussed in our newsletters centers around families that are separating, and how to handle the various issues related to that unfortunate circumstance, our department also handles other matters, such as adoptions, Article 17/17-a Guardianships (for …
Child Support Modifications
In the past, clients may have had difficulty in overcoming the obstacle of demonstrating a need or basis for a modification of a child support order without a showing of unanticipated and unreasonable change in circumstances. Pursuant to changes in …
Northrup and Muehl are First-rate District Attorneys
Residents of Delaware and Otsego counties should feel fortunate to be protected by their respective district attorneys — Richard Northrup and John Muehl. I have opposed hundreds of prosecutors at the state and federal levels, and can say without hesitation …
The True Effect of No Fault Divorce
There is much buzz in the legal community about the status of No Fault divorce in New York State. While various proposals have been tossed about for decades now, New York State has finally embraced a No Fault Divorce bill. …
Estate Planning and Taxation – 2010 and Beyond
We are now entering the ninth month of 2010 – a year in which we have had no estate tax, but a new income tax regime known as carry over basis. We are also facing possible legislation and uncertainty on …
Family Health Care Decisions Act Finally Takes Effect
On March 16th 2010, the Family Health Care Decisions Act was signed into law by Gov. David Paterson and it will change and reform how medical care decisions are made for those that are incapacitated and do not have a …
Importance of Elder Law Attorneys
Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members can sometimes backfire and make an older person more vulnerable to abuse and financial exploitation. Legal …
Know Your Rights With the Family Healthcare Decisions Act
The Family Health Care Decisions Act allows family members or close friends to make medical care decisions for loved ones who are no longer able to make their own decisions due to lack of capacity. This replaces the old laws …
Top 10 Reasons to Create an Estate Plan Now
Many people think that estate plans are for someone else because nothing is going to happen to them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan; however, …
What Is a Trust Protector and When May I Need One?
Trust protectors are now gaining popularity in trusts established here in the U.S.A trust protector is someone who is appointed to watch over a trust that will be in effect for a long time and ensure that it is not …
How to Manage Poor Performers
Managing employee performance is an important part of a supervisor’s role. A poor-performing employee can lower office morale and decrease overall productivity. Recently, two government leaders made recommendations regarding poor-performing federal employees. Both recommendations acknowledge that poor performance is an …
Avoid the Pitfalls of Holiday Office Parties
Throwing an office holiday party can be a welcome time to boost employee morale, but be mindful of the legal pitfalls that can lurk in the holiday cheer. From the punch bowl to the dance floor, liabilities exist for you …
A Look at Chapter 11 Bankruptcy
When a company like General Motors declares bankruptcy, it can prompt even the most stable business owner to take a closer look at the books. Unfortunately, GM is far from the only business to go bust this year. Business owners …
Economy Hits Home in More Ways Than One
The current economic climate is affecting more than just consumer lifestyles. It has also forced many parents into wondering how they will be able to meet their monthly financial obligations, including child support payments. With more layoffs anticipated, I’ve noticed …
Updating the Employee Handbook
When you’re at the forefront of your company, it can be simple to forget about the basic foundations of your business. For example, when was the last time you read your own company’s employee handbook? Or better yet, do you …
Negotiating a Fair Severance
Many businesses are facing very tough economic times. Laying off employees is one of the options available to business owners and managers to reduce expenses. Many issues arise when you are considering layoffs. Depending on the size of the business …
Legal Pitfalls to Avoid
I see it over and over. Small business owners make decisions that they think are in the best interest of their business. Unfortunately, and especially in times of economic desperation, these decisions can lead to critical legal mistakes for entrepreneurs …
Put Affairs in Order Before You Deploy
So you’ve received the call to deploy. You have many tasks to complete before you leave— including a number of personal legal affairs. While you should have the opportunity to see a JAG officer as part of your pre-deployment readiness …
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Today’s Honoree is Mathew Tully
Mat founded his law firm in his kitchen in 2004. He has built it to be a multi-million dollar firm in 3 states. In March he left it all behind to serve his country. Mat is a Lt. Col. in …
People on the Move – Robert Rock
Date added: May 14, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Of Counsel Industry: Legal Services Position department: Legal Previous Employer: Law Office of Robert J. Rock Duties/responsibilities: Rock represents creditors and debtors in Chapter …
Wal-mart Owes Millions to Employees Cheated of Overtime Pay
Wal-Mart is known for its low prices, but the company’s most recent headlines highlight its low wages. The retail giant has agreed to pay its current and former employees nearly $4.83 million in unpaid overtime following an investigation by the …
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Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the Albany Housing Coalition. The money was raised by Tully Rinckey PLLC employees through a weekly donation box. The firm then adds up the monthly dollars and matches …
Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the American Heart Association. The money was raised by Tully Rinckey PLLC employees in January through a weekly donation box. The firm then adds up the monthly dollars …
Coats for Veterans 2011
Tully Rinckey PLLC partnered with Dickies Clothing to give 50 coats to veterans in the Capital Region for their second annual “Coats for Veterans” event. Tully Rinckey PLLC Managing Partner Greg Rinckey shakes hands with one of 50 veterans who …
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How Easy Prom Night can End a Good College Future or Career Before it Begins
For many teenagers, one of their most cherished nights will take place over one of the next few weekends. Prom night comes with the hope of memories that will be forever remembered, but one wrong move and an entire future …
Tully Rinckey’s Bankruptcy Practice Just Got Rock Solid
Tully Rinckey PLLC is pleased to announce the addition of Robert J. Rock as Senior Counsel of the firms’ bankruptcy practice. Mr. Rock will be representing creditors and debtors in Chapter 7 and Chapter 13 bankruptcies. In addition, he will …
Children Now Control the City
Children inside the Campus Children’s Center on the state campus in Albany walked into a city full of surprises Thursday morning after employees at Tully Rinckey PLLC presented them with their very own metropolis – trees, traffic, tall buildings and …
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Real Estate Closings for the Non-Real Estate Attorney – June 19, 2012
Presenter: Graig F. Zappia, Esq. Date: June 19, 2012 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required as light fare and non-alcoholic …
Legal Ethics: Duties to Clients – July 17, 2012
Presenter: Douglas J. Rose, Esq. Date: July 17, 2012 Time: 6:00-7:00 p.m. Ethics and Professionalism: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required as …
Department of Veterans Affairs Claims Process – August 21, 2012
Presenter: Greg T. Rinckey, Esq. Date: August 21, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP is required …
