Rose G. Proto, Attorney at Law, PLLC | New York
22336
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Put knowledge and experience to work for you.

Wills, Trusts & Estate Planning

Olean Estate Planning Attorney

We regularly assist clients with the development and implementation of estate planning and wealth succession strategies.  We offer solutions to meet each individual’s specific planning goals, focusing on tax, family and charitable giving issues.  We offer tailored estate plans aimed at personal and closely-held business planning areas, including:

  • Wills,
  • Revocable trusts,
  • Medicaid planning,
  • Powers of attorney,
  • Healthcare proxies,
  • Living wills,
  • Special needs trusts,
  • Long-term care, and
  • Guardianship issues.

We also provide guidance on tax avoidance, structuring plans according to each client’s unique set of goals and expectations.  We provide advice as to the various planning options available and allow clients to choose which scenario best suits their individual needs. In addition, we offer guidance with regard to Medicaid planning and long-term care issues.  To accomplish those goals, we draft a variety of asset-protection trusts, revocable trusts, and irrevocable trusts.  We also conduct various real estate conveyances to accomplish planning goals.

 

We also offer counsel on estate and trust procedures, including matters involving executors, trustees, court proceedings, court inventories and accountings, and information regarding private trust companies.

Personal Injury

 

Olean Personal Injury Attorney

Auto Accidents

A party who is injured in an automobile through the fault of another may have a claim against that party.  Typically, this third-party action will cover the injured person’s medical expenses, wage losses, pain and suffering.   If you or a loved one has been injured in an automobile accident, you should speak to an attorney

 

New York State’s “no-fault” insurance law requires that the injured person’s injuries are serious.  This requirement is satisfied when the injury: 1) results in death, 2) dismemberment (the loss of certain body parts), 3) significant disfigurement (spoiling of one’s appearance), 4) a bone fracture, 5) loss of a fetus, 6) permanent loss or significant limitation of use of a body function or system, or a nonpermanent injury or impairment that prevents the injured person from performing substantially all of his or her usual routine for at least 90 days.  This last category includes injuries in which individuals suffer a permanent loss of use to a body part, meaning that it no longer functions in the manner in which it previously functioned.  This includes: 1) a loss of range of motion, 2) decreased functioning of the brain, and 3) a herniated or bulged disc.

New York Insurance Law Sec. 5102(d).

 

Objective proof is required to show evidence of the injury.  This can be supported by any of the following: radiograph (x-ray), electrocardiogram (EKG), MRI testing, electroencephalogram (EEG), medical findings and records, and sworn medical opinions of doctors.

 

 

If you have been injured in a car accident, you should consult the advice of an attorney immediately to determine your rights.

 

Dog Bites

When you or someone you love has been attacked by a dog, the injuries can be severe, including serious bodily injury, disfigurement, and emotional and mental suffering in the form of post-traumatic stress.  In New York State, if a dog owner who knows or should have known that his dog has vicious propensities and the dog attacks another person, the dog owner will be liable to the victim for the injuries and damages sustained by him or her.

 

If you have been attacked by a dog, you should consult medical treatment right away, document your injuries by taking photographs, and call animal control in the county where the attack occurred.  Next, consult an attorney to receive advice on your rights under the laws.

 

Premises Liability

Accidents happen, and often, they occur when you least expect them to.  New York State has adopted a body of laws dealing with accidents depending on how they occur.

 

Accidents occurring when an individual is laboring at a work site:  Pursuant to New York State Labor Law §200, when an individual has the authority to supervise or control the work performed, that individual bears the responsibility for the manner in which the work is performed.  Banscher v. Actus Lend Lease, LLC, 132 A.D.3d 707, (N.Y. App. Div., 2015).  Any such owner or manager of real property will be liable under Labor Law § 200 for injuries arising from the manner in which work is performed at a work site.  Pacheco v. Smith, 128 A.D.3d 926 (N.Y. App. Div., 2015).

 

Accidents occurring when an individual is lawfully on the property of another:  If the owner of property knew or should have known about a dangerous condition existing on the property and someone is injured due to that condition, the property owner will be liable for the injuries and damages caused by the condition.  Often, this type of liability occurs during a slip and fall accident, when a dangerous condition exists and is not obvious to the person who subsequently becomes injured as a result of it.

 

 

If you are injured on someone else’s property, you should immediately do the following:

 

  1. notify the property owner or manager,
  2. seek medical help,
  3. document your injuries, and
  4. seek the advice of an attorney to determine your rights.

Business Law

 

Olean Business Law Attorney

Whether you are a startup or in the midst of restructuring your business, we understand the entrepreneurial concerns of business owners.  Our experience has enabled us to represent small and closely held business owners over a broad range of industries.  We first listen to understand where you are coming from and where you want to go, and then we use our skills and expertise to get you there.

 

Our firm conducts an array of services for the business client, including business formation (LLCs), contract drafting and negotiating, and business litigation.

Real Estate Law

Are you buying or selling a real property in New York State?  We make the closing process efficient and worry-free, so you can go on doing what matters most to you.  The closing process typically begins when an offer is received and accepted by the seller.  Once this occurs, you should call your attorney to inform her of the offer.  At that time, either the seller’s attorney or real estate agent will draft a residential purchase contract which should include the following essential terms:

 

    1. Address of premises to be sold;
    2. Price of the property;
    3. Method of financing (mortgage or cash);
    4. Any items to be included in the sale (appliances, furniture, etc.);
    5. Terms of inspection;
    6. Down payment amount (usually held by the realtor in trust);
    7. Documents to be provided by the parties;

 

Often, additional contract riders will be attached to the contract as they apply, including a Property Condition Disclosure Statement and a Lead-Based Paint Disclosure.

It is important to ask your attorney to review the contract with you very carefully in order to ensure that you understand the terms because any breach of its terms by you may result in a claim against you.

 

After the contract is approved by your attorney, she will begin to draft all the necessary documents needed for the closing, communicate with the attorney for the other party and/or the lender bank (if applicable) and obtain all the required title work, surveys, title insurance, and tax-related documents to proceed with the closing.  Once everything is received and approved by the buyer’s attorney, a closing date will be scheduled.

 

Once a closing date is scheduled, your attorney will provide you with a closing statement which provides a detailed account of the following: 1) prorated school, city or village, and town/county taxes, 2) county recording fees, 3) realtor’s commissions, 4) attorney’s fees, 5) survey expenses, and 6) expenses for any title work performed.  You will have an opportunity to review the closing statement and ask questions regarding the disbursements prior to closing.

 

Leading up to closing, it is important to remember to change the billing information for utilities, cancel your current homeowner’s policy once the sale goes through (if you are the seller), purchase a homeowner’s policy (if you are the buyer), ensure that the keys are handed over to the buyer, and resolve any issues that may arise from the final inspection.

 

On closing day, be sure to bring photo identification, your social security card, and any other identification required for the purchase (i.e. power of attorney document if signing on someone else’s behalf).

Rose Proto, Attorney

Professional.

Dedicated.

Trustworthy.