Paul Norris

New York

Contributor at Freelance

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Articles

Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea

1 month ago | natlawreview.com | Paul Norris

In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign a power of attorney. Unfortunately, I have heard practitioners suggest this approach, and frankly, it made me cringe as it would be committing legal malpractice to have most special needs children sign a power of attorney.
The Omitted Spouse Claim Against an Estate

1 month ago | natlawreview.com | Paul Norris

Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be entitled to a share of the decedent’s estate pursuant to the omitted spouse statute.
Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea

1 month ago | stark-stark.com | Paul Norris

In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign a power of attorney. Unfortunately, I have heard practitioners suggest this approach, and frankly, it made me cringe as it would be committing legal malpractice to have most special needs children sign a power of attorney.
Elective Share of Surviving Spouse

1 month ago | stark-stark.com | Paul Norris

In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills. What happens, however, if a surviving spouse was not provided for under their deceased spouse’s will if they were married at the time the will was executed? In such instances, the elective share statute will come into play to determine how the estate is to be divided.
Does Filing a Construction Lien Guarantee Payment? | JD Supra

Jan 24, 2025 | jdsupra.com | Paul Norris

I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will guarantee the payment of the amount which is due to them. This belief is entirely incorrect, however, as filing a lien claim does not guarantee payment.
The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract | JD Supra

Dec 9, 2024 | jdsupra.com | Paul Norris

In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from devolving into a creative pleading contest, which can become unnecessarily cluttered with tort claims that will only impede the resolution of the matter.
The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract

Dec 2, 2024 | natlawreview.com | Paul Norris

In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from devolving into a creative pleading contest, which can become unnecessarily cluttered with tort claims that will only impede the resolution of the matter.
Understanding Refunding Bonds and Releases

Oct 31, 2024 | natlawreview.com | Paul Norris

What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that will arise is what exactly you are being asked to sign. The purpose of this blog is discuss generally what a Refunding Bond and Release is and how it relates to your distribution from the Estate.
Construction Liens – What is a Lien Fund?

Oct 11, 2024 | natlawreview.com | Paul Norris

Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner if there are available funds in the lien fund with which to pay them.
The Executors’ Duty to Timely Administer an Estate – When Do I Get My Distribution?

Oct 8, 2024 | natlawreview.com | Paul Norris

As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a substantial period of time. Often, the question begs what constitutes a “reasonable” period of time to receive a distribution, and further, what is the executor’s duty concerning the timing of administering an estate?