LacherLaw

Starting off this week at LacherLaw with three successes achieved under the constraints of COVID in the estates and trusts section of the Firm. I have had two Probate Petitions approved by the Westchester Surrogate's Court within the last three days, both approved less than three weeks after having been prepared and filed during the pandemic. And on Monday evening I supervised the successful remote execution of new Health Care Proxies for four members of a single family. In... the real estate and land use section of the Firm's practice, we also successfully executed and recorded an important Reciprocal Easement for a prominent downtown New Rochelle commercial property. And we had a major success in the Board of Assessment Review with a distressed property in a prominent neighborhood that was acquired from a foreclosure after some 17 months of effort with a difficult bank. We continue to be available for consultations in person in the office (with proper safety protocols strictly observed) or by telephone or video conference.

Proud to report that I have been invited back to Yale University this weekend to be a judge in the 2019 Yale Intercollegiate Mock Trial Invitational Tournament. Four rounds over two days. Even though these are teams of undergraduates and not law students, the level of trial advocacy is very high.

To all who live or work in or care about New Rochelle, this project is a VERY BIG DEAL - the biggest ever in New Rochelle’s history. 48 stories, just one block from the downtown epicenter of the community. If this were the first project planned or announced in the Downtown Overlay Zone, that would be an entirely different perspective. But coming so late, after all the initial housing units were allocated and the entire scope had to be expanded, one has to wonder. For sure, th...e developer did its market studies and concluded that there is money to be made, including in the condominium units and hotel rooms in addition to the rentals (although one should look at how many unsold units there are in the Cappelli Trump Plaza Development). The big concern is that all of New Rochelle’s downtown development is being done with only generic environmental reviews. You can find references to that in all of the city’s own recent pronouncements - this is not my claim. The unelected Planning Board takes Lead Agency status for environmental review (to insulate the elected City Council, which always had reserved Lead Agency status for itself in the old days). And unless this project will be different from all the others that have been approved (and then shortly thereafter received IDA benefits), there will be only the most cursory short-form environmental impact statement and the project will be very quickly approved by the Planning Board - site plan and environmentals, all rolled up together. No true consideration of sold waste impact, traffic, shadows, water usage, or any other environmental impact. 48 stories almost directly across the street from our Public Library. I cannot know for sure, but I wonder if this is the Development Department making good on its reputed threats against the Library management for failing to agree to sell the Library property to RXR. Why is no one paying attention to this? The project looks like a beautiful development for all of its components. But other than what appears on the posted sign, there is no information made available to the public ahead of time, as there is for City Council, Board of Education and IDA meetings. The public hearing is now scheduled for the City Council chamber, moved from where the sign says, which is the small meeting room at Beaufort. Please know that there are 9 items on for public hearing that evening, and this project is the 8th out of 9. And if they use the same generic environmental review as they have been doing for every other Downtown Overlay Zone project, then shame on all of us for being placid. This is not about being pro development or anti development. But our environmental laws and regulations have a purpose.

Important news this morning out of the NY Governor's office: the legal authority for remote execution of Wills and other estate planning documents, and for remote notarization of any document requiring notarization, has been extended (as expected) until September 4, 2020. It has been the Governor's practice to issue extensions for 30-day periods at a time, and I do not believe there are any estates & trusts practitioners who doubt that the authority will be further extended a...fter that. But we will take one month at a time. I am pleased to advise that I did another successful complete estate plan execution last week via FaceTime. Even if you think you do not need a Will or trust currently, everyone of every age over 18 should have a current Durable General Power of Attorney as well as a properly-executed and witnessed Health Care Proxy. Happy to consult further.

Double rainbows over Long Island Sound. Right now outside my office window. By the time this posts, the look will be different.

A striking visual depiction of gerrymandering

For those for whom this might matter, last night at about 9:30 in the evening, Governor Cuomo issued Executive Order 202.48, which extended for another 30 days many of the COVID-19 protocols which had been in effect since last March and April. Of particular interest to many people will be the protocols which have provided for remote notarizations and remote execution of Wills and other estate plan documents via video conference. I have done several of these since the protoco...ls first were put in place and I continue to have the capability to write new estate plans and to do these remote executions for those who would benefit from the service. Anyone can send me a PM here or a text/Signal message to 914-671-2171. My professional view now has evolved to the point where I consider a Durable General Power of Attorney to be the most critical document among all those which comprise a well-crafted estate plan. Happy to explain why and to answer any other questions anyone might have.

Up until now, legal services have not been considered "essential" in the State of NY. Yesterday the governor made some reference to adding lawyers to the list of essential service providers. But not all lawyers performing all services. Only lawyers providing professional assistance to other essential services. The problem with this formula is that preparing wills, powers of attorney and health care proxies at this critical time are not currently considered "essential services..." in our state. While mechanisms have been put into place to permit remote video notarization and witnessing of those documents, the professional service itself for the consultation and drafting of the documents is not considered "essential". Neither are the preparation of probate and administration petitions for those who have suffered losses -- and the receipt of those petitions by the Surrogate's Courts in NY State -- considered "essential". In sharp contrast, building affordable housing in large downtown projects that will not be completed for two years -- that is deemed an essential construction service that marches on.

I am pleased to share that yesterday and today I completed my first supervision of a Power of Attorney execution for one of my clients under the new New York State protocols for remote notarization and witnessing of legal documents. For anyone who does not have a well-crafted Durable General Power of Attorney that has been prepared and executed after 2010, I have come to consider it the most urgent of all the documents in a typical estate plan. It is the one way that all of u...s can avoid the future necessity of an adult guardianship proceeding, whether for ourselves or for a parent or other loved one. Adult guardianship proceedings are emotionally painful for all concerned. They also are expensive and very time-consuming. The remote execution process was relatively painless, even working from a makeshift home office. The signing was facilitated by having two out-of-work adults here who qualified as the required witnesses for the Statutory Gifts Rider annex to the POA. Even for those who do not have a current need to review their existing estate plans, or for those who still do not have any estate plan at all (that is, one of their own choosing, as opposed to the plan that New York State will dictate for you if you do not have your own), a Durable General Power of Attorney is critical for all the legal and other actions that a person might be unable to undertake in the event of physical or mental incapacity. Even for those who have joint accounts for all their financial assets, the Power of Attorney allows for the rest of life to continue uninterrupted. I would be pleased to discuss your individual situation at any time, without having to wait for the current apocalypse to resolve itself. Call or text 914-671-2171, or send email to [email protected]. Stay safe, everyone.

As new development in downtown New Rochelle continues unabated (a pun, for locals in the know), this view becomes increasingly precious. By now the new construction on the left (14 stories) is largely completed, and the same developer has just announced a new 28-story project for the parcel literally next door that, when finished, will totally obliterate any view of the location of this rainbow. But that’s progress.