Tag: Trust law

Board Operations Upholding Your Fiduciary Duty
2015 October Upholding Your Fiduciary Duty

Being on the board of a co-op or condo is a big responsibility—one that shouldn’t be taken lightly. While some people may run for a board seat just to have the title, they need to be prepared to govern fairly and make decisions that are in …

Read More
Q&A Q&A: Convincing Board to Accept a Living Trust
2014 October Q&A: Convincing Board to Accept a Living Trust

I would like to establish a revocable living trust and place my co-op apartment in the trust. This will avoid probate for my heirs. My co-op board is unwilling to agree to my request. I have not been given a reason for this. How can I convi…

Read More
Q&A Q&A: An Owner's Fiduciary Duties?
2013 February Q&A: An Owner's Fiduciary Duties?

Q I believe that owners have a fiduciary responsibility to the association, as  they are held in a public trust of that association just like board members.  The responsibilities and duties of owners in a homeowner association are  outlin…

Read More
Law & Legislation Passing it On
2013 January Passing it On

 When co-op and condo owners plan their will, or a prenuptial agreement, their  condo or co-op unit naturally comes into play as an important asset. Often, it’s no problem—the owner leaves the apartment to his or her spouse. It’s especiall…

Read More
Q&A Q&A: Transfer of Shares
2012 July Q&A: Transfer of Shares

Q My wife and I own the shares for our co-op apartment jointly. We wish to establish a revocable living trust for our assets and the apartment. Our co-op board is unwilling to make the transfer to the trust. How can we convince the boar…

Read More
Management Estate Planning
2010 Jan Estate Planning

Planning for what happens to your estate upon your death is never a pleasant chore, but if you own property of any kind, that planning is an vital responsibility. While there are many aspects and legal mechanisms that can be considered…

Read More
Q&A Q&A: Corporate Conflicts?
2008 Feb Q&A: Corporate Conflicts?

Can a designated trustee of a co-op apartment serve as a member of a co-op board  in any role?     —Upper East Side Shareholder   A “The general answer to the question is yes provided that the bylaws of the  corporation or th…

Read More
Maintenance A Ten Item Punchlist
2007 Nov A Ten Item Punchlist

When a client hires a general contractor to build or renovate property, that company is legally responsible for completing all of that work. The contractor may go out and hire different companies or subcontractors to help execute that wo…

Read More
Q&A Q&A: Family Trust
2006 Nov Q&A: Family Trust

Q My parents are both in their seventies and have begun setting their financial affairs in order. They have put whatever assets they own, such as cars, stocks and bonds, into their family trust in order to simplify their estate and avoi…

Read More
Board Operations Future World
2006 Jul Future World

Most of us don’t like to spend a lot of time contemplating our so-called “final wishes”—we’d much rather leave planning our wills and executing our estates for another day. Uncomfortable as the subject is for many people however, it’s …

Read More
1 2 Next