McKenna, Siracusano & Chianese – Attorneys and Counsellors at Law

OUR ATTORNEYS · Matrimonial & family · personal injury & malpractice · non traditional family & estates law

Roughly 10% of the 60 million “coupled” households in America are unmarried. This figure from the 2000 census reflects the continually evolving attitude toward the definition of “family.” Of those unmarried families, 10% identify themselves as same-sex families. In New York City, there are over 25,000 same-sex households and about 27% of those families have children. Unfortunately, the current law does not adequately address the needs of these families; particularly vulnerable are their children.

We offer these families a sense of protection and security through the drafting of specifically worded legal documentation. While we cannot address every issue presented by the absence of federal or state laws, we offer our clients a wide range of protective documentation. Our Will Package addresses many of the basic needs of the nontraditional family. From hospital visitation and health care proxy designation to powers of attorney and the naming of a guardian, our Will Package provides the security that unmarried families, particularly those with children, need on a daily basis.

Our 7 document Will Package consists of:

Last Will and Testament – A Last Will and Testament allows the Principal, or drafter of the document, control the distribution of their assets upon death. The law provides that if a person dies without a will, their legal next of kin will be the “distributes,” or recipients, of those assets. In most cases, that would be a spouse, children, parents, siblings, siblings children, aunts and uncles or first cousins, in that order. With a will, Property may be divided and distributed at the discretion of the Principal.

Durable Power of Attorney – This document allows the Principal to authorize another person to make financial decisions for them. It authorizes, among other things, payment of debts, collection of payments, redistribution of assets, withdrawal of assets from a bank account and the sale of property. Because of the important nature of these powers, there is an attached affidavit that the authorized party must complete before the powers become effective. This affidavit is a built-in protection mechanism to avoid misuse of these powers.

Designation of Guardian for Property Management and/or Personal Needs – If a person were to be judicially declared incompetent or incapable of managing their property or themselves, the court would appoint a guardian for that purpose. The guardian is usually a family member. This document allows the Principal to designate who that guardian would be.

Living Will – A Living Will states exactly what measures a person wants or does not want if certain specifically outlined medical conditions arise. It does not, however, authorize another person to make those decisions for the Principal of the Living Will.

Medical Power of Attorney / Health Care Proxy – This document allows a designated person to have access to medical records and make specified medical decisions for the Principal.

Priority Visitation Directive – A Priority Visitation Directive specifies who the Principal prefers to have priority visitation privileges, usually over family members. It tells a hospital administrator, floor supervisor and any other hospital personnel that the possessor of the document shall not be denied access to the hospitalized Principal.

Affidavit of Burial or Cremation – This document ensures that a funeral director or funeral home administrator follows the instructions given them by the person designated in the affidavit.

Many unmarried couples own property together or as Joint Tenants. Depending on the wording of your deed, you may be exposed to potentially devastating estate taxation on the death of one partner. MS&C offers Joint Property Agreements to establish and clarify individual contributions to joint property, the first step in addressing the IRS if estate taxes are levied on that property. For more information about this valuable document, please call Anthony for a complimentary consultation.

You may have heard about Domestic Partnership Agreements. There is a lot to talk about. These powerful documents assist the couple in many ways. DPAs can establish joint and separate property, define individual contributions to joint property, provide for post-relationship support or waiver and create what may be the closest approximation to a marriage license that an unmarried couple can have. DPAs create rights in the couple. Many courts today look to these agreements as a sign of the commitment and intention of the contracting parties. For more information about Domestic Partnership Agreements, please call Anthony and schedule a consultation today!

MS&C is a firm believer that Equal Rights for all Families helps not just individuals but affords society the same orderly and necessary protections should there be a breakup. That is why at MS&C we urge all our clients to "Know Your Rights Under Existing Law" while we wait for the law to catch up to reality.

The Nontraditional Family and Estates Division of McKenna, Siracusano and Chianese works hand in hand with Lou Siracusano and the Matrimonial and Family Law Division. Lou Siracusano lends his 28 years of experience to the resolution of domestic disputes for ALL families. While nontraditional families have special needs when it comes to addressing the dissolution of a relationship, Anthony and Lou approach each individual with compassion and respect.

MS&C is proud to offer all of our services to our Nontraditional Family clients. Albert W. Chianese, the head of our Personal Injury, Dental and Medical Malpractice Division, assists all clients with respect and tenacity. When you have an unforeseen injury or are the victim of what you believe may be the malpractice of a professional physician or dentist, the team at MS&C will help you. Please call us today for your free consultation.

Email Anthony at Brown@msclaw.net.

McKENNA, SIRACUSANO & CHIANESE

60 East 42nd Street, Suite 950, New York, NY 10165 • ph. 212.953.6447
361 Atlantic Avenue, East Rockaway, NY 11518 • ph: 516.599.2020 • fax: 516.599.6476