Redder, Bock & Associates, PLLC Kingston Family Law Attorney | Estate Planning Lawyer 2026-09-29T12:59:43Z https://www.georgeredder.com/feed/atom/ WordPress /wp-content/uploads/sites/1304463/2021/05/cropped-favicon-32x32.png On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Can a sudden medical emergency excuse a driver’s negligence?]]> https://www.georgeredder.com/?p=47290 2026-09-29T12:59:43Z 2026-09-29T12:59:43Z When can a medical emergency excuse a driver? A sudden medical emergency may excuse a driver when it happens without warning and leaves them unable to control the vehicle. For example, a driver could suddenly lose consciousness at a stoplight, wake up in the middle of the intersection and have no chance to prevent the resulting crash. That situation differs from a driver who experiences a medical problem they could reasonably expect to affect their driving. The question is whether the driver had any reason to anticipate what happened before getting behind the wheel.

What if the driver knew about the medical condition?

What the driver knew about their condition can matter, especially if they had experienced warning signs or similar problems before the crash. For example, someone who has previously passed out while driving may face different questions if they get behind the wheel knowing it could happen again. The same can apply when a driver ignores symptoms before driving, such as feeling faint or experiencing another known warning sign. Those details can help show whether the driver had reason to expect trouble.

Look at what happened before the crash

A medical emergency does not automatically explain away a crash. What the driver knew, experienced and did before getting behind the wheel can help show whether the emergency truly came without warning. If you were injured in a crash involving a driver who suffered a medical emergency, an attorney can help you look at those circumstances and determine whether you may have a claim.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Estate planning isn’t just for your bank account]]> https://www.georgeredder.com/?p=47289 2026-08-26T20:24:08Z 2026-08-26T20:24:08Z New York intestacy laws dictate who inherits your property. Without a power of attorney and health care proxy, trusted loved ones may not be able to handle your finances or medical decisions if you can’t. Before you put off creating an estate plan yet again, consider the many elements you could be overlooking.

Your landlord and your lease

In New York, a lease is a legal contract that does not simply vanish. If you are not there to manage it, your family might face hurdles just to get into your apartment to collect your clothes, take care of a pet or return your keys. Without naming a trusted legal representative, your landlord may require proof of legal authority, and sometimes court paperwork, before allowing anyone access.

The digital trail you leave behind

Your digital property and accounts deserve protection. Without an estate plan, someone you may not trust or even like can wind up with duties like:
  • Closing or memorializing social media profiles
  • Accessing and cancelling subscription services
  • Managing cloud storage filled with years of personal photos and videos
  • Accessing email accounts
You can authorize your executor or another fiduciary to manage digital accounts. This ensures your online presence is handled the way you want, by someone you trust to be careful, deliberate and discreet.

Your personal values and beliefs

Beyond your bank account, an estate plan can protect aspects that matter to you on a personal, cultural or spiritual level. You can name a caretaker for your pet and set aside funds (such as through a pet trust) or share your specific wishes for final arrangements and charitable gifts. These choices ensure your personal preferences are honored, providing a clear roadmap for the people who know you best.

Simplifying the heavy lifting for others

By setting up a basic plan, you can save your loved ones considerable time, energy and heartache. They will not have to spend months in the county courthouse. They will not have to fight to talk to your phone provider or car insurance company. It turns a potential mess into a clear set of instructions. Taking these steps is a kind act for the people you love.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[When Kingston property lines aren’t clear]]> https://www.georgeredder.com/?p=47280 2026-07-28T15:37:37Z 2026-07-28T15:34:39Z Why historic Kingston yards often hide surprises Many local properties were originally defined by monuments like old oak trees, stone walls or iron pins placed decades ago. Over time, these markers shift, disappear or conflict with modern GPS technology. When a new survey is conducted for a sale or renovation, it can reveal discrepancies that have existed for generations. These differences can lead to disagreements over who is responsible for maintenance or who has the right to build. Understand that surveying often involves interpreting historic data, and two different professionals can reach different conclusions. Hiring an independent surveyor to verify a neighbor’s claims can provide a clearer picture of where the true boundary lies.

How long term use can change who owns the land

In New York, a rule called adverse possession allows someone to become the legal owner of land by treating it like their own for a long time in a way the law recognizes. Under state law, specifically Article 5 of the Real Property Actions and Proceedings Law, a person must prove they used the land for at least 10 years. To claim ownership this way, the following things must also be true:
  • The use was out in the open for anyone to see.
  • The use never stopped for a long period.
  • The person treated the land as their own and kept others off it.
  • The use was without the neighbor’s permission.
  • The person had a reasonable basis to believe the land was theirs (a “claim of right” under New York law).
These rules ensure that property lines do not change by accident or through a simple mistake.

Moving toward an agreeable resolution

Resolving a boundary dispute does not always require a courtroom, but it does require a clear understanding of your legal standing. Whether through a boundary line agreement, a quiet title action or a simple easement, there are multiple ways to settle the invisible line once and for all. Having a dedicated legal advocate to review titles, deeds, historic records and current statutes helps ensure that your property rights remain intact for years to come.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[When a pickup runs late: can you keep the child?]]> https://www.georgeredder.com/?p=47272 2026-07-07T19:28:56Z 2026-07-07T19:28:56Z time exchanges rarely go perfectly. Traffic, work delays and miscommunication can all lead to a late pickup. When that happens, many parents ask a practical question with legal consequences: can I keep the child if the other parent is late for their scheduled time? The answer depends on your court order, your state law and the specific facts, but there are reliable principles that apply in most cases.

Start with the court order and the child’s best interests

Most custody and parenting time orders set exchange times and locations, but may not spell out what happens if a parent is late. Even when the order is silent, courts generally expect both parents to follow the schedule in good faith and to prioritize the child’s stability. Unilaterally withholding the child can quickly escalate conflict and courts may view this as interference with parenting time, especially if the delay is minor. That said, there are situations where waiting is not reasonable, such as when the child has bedtime, school or medical needs, or when the other parent is not communicating.

Practical steps to take when the other parent is late

Before you decide to end the exchange attempt, focus on documentation and child-centered decision-making. Consider these immediate steps:
  • Try to contact the other parent by text or call and ask for an estimated arrival time  
  • Wait a reasonable period based on the order, the child’s needs and the exchange location’s safety  
  • Document the timeline, including messages, call logs and any witnesses  
  • If the delay becomes extreme or you feel unsafe, leave and notify the other parent in writing where the child will be and how to discuss makeup time if applicable
These steps help show that you acted reasonably rather than punitively. They also create a record if the pattern continues.

When keeping the child can backfire

Even if you feel justified, refusing to release the child after the other parent arrives can expose you to allegations of contempt or parenting time interference. Courts often distinguish between ending an exchange attempt after a reasonable wait and actively denying parenting time once the other parent is present and able to take the child. Situations that may justify extra caution include:
  • The other parent appears impaired or the child would be unsafe  
  • There is a history of violence, threats or restraining orders  
  • The exchange location is unsafe or the child is ill and needs urgent care
In these scenarios, prioritize safety, contact law enforcement if necessary and consult your attorney promptly.

Aim for reasonableness, safety and a clear record

A late pickup does not automatically give you the right to keep the child for the entire scheduled period. The safest approach is to follow the order, wait a reasonable time, communicate clearly and document everything. If lateness becomes a pattern, the long-term solution is usually a written agreement, mediation or a court modification rather than self-help at the curb.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[What to do immediately after a car accident in New York]]> https://www.georgeredder.com/?p=47271 2026-06-07T02:42:52Z 2026-06-07T02:42:52Z New York imposes strict legal duties on drivers involved in a crash. How you respond in the first hours can determine the strength of any injury or property claim that follows.

Stop, check for injuries and secure the scene

New York Vehicle and Traffic Law § 600 requires every driver to stop immediately after a collision. If any person is injured, call 911 without delay. Where the accident is minor and movement is safe, relocate vehicles away from active traffic lanes. Activate hazard lights and, if available, deploy warning triangles to reduce secondary collision risk. 

Call the police and get the report

Under New York VTL § 600, you must stay at the scene and report the accident to police if anyone is injured or if a parked vehicle is damaged and its owner cannot be found. Request the officer's badge number and the incident report number before you leave. A police report may support your insurance claim later.

Exchange information with other drivers

New York law requires all drivers involved in a crash to share key details. Collect the following from every driver at the scene:
  • Full name and address: Include a phone number if possible.
  • Driver's license number: Note the issuing state.
  • Insurance company and policy number: Verify the card matches the driver.
  • License plate number and vehicle description: Record the make and model.
If the driver is not the registered owner, get the owner's information too.

Document the scene and seek medical care

Take photos of all vehicle damage, skid marks, traffic signs and any visible injuries. Get witness names and contact details before they leave. Even if you feel fine, see a doctor as soon as possible. Injuries like whiplash or internal bleeding may not appear until hours or days later. A medical record from that visit can support your claim if symptoms worsen.

File your DMV report and notify your insurer

New York requires you to file a Report of Motor Vehicle Crash (Form MV-104) with the DMV within 10 days if the accident caused a fatality, injury or property damage exceeding $1,000. Failure to file can result in a suspended license. Notify your insurance company promptly as well.  

You may speak with an attorney before making decisions

An attorney can help you understand your options, especially if you were injured or if liability is disputed. An attorney can also evaluate the full value of your claim before you accept any settlement offer.  ]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Modifying custody for summer: when a ‘temporary’ change becomes necessary]]> https://www.georgeredder.com/?p=47270 2026-05-28T14:48:52Z 2026-05-28T14:48:52Z Common triggers for summer custody adjustments Summer drastically alters the operational routines of both children and parents. There are several recurring catalysts that make default custody schedules unworkable:
  • Seasonal work shifts: Parents employed in tourism or construction often experience heavy seasonal demands that directly conflict with their mandated parenting hours.
  • Extended travel plans: Out-of-state vacations or long-distance trips to visit relatives require formal frameworks to adjust travel notices and calendar blocks.
  • Camp commitments: Enrolling a child in a specialized day program or sleepaway camp can override the other parent's designated physical weekdays or weekends.
Bypassing the formal modification process can leave you vulnerable to accusations of parental alienation, custodial interference, or willful contempt of court under New York law.

The legal trap of informal "handshake" agreements

When a scheduling conflict arises, many parents rely on a verbal conversation or a text message. While cooperating with your co-parent is commendable, relying purely on informal goodwill is an immense legal risk. An informal agreement is completely unenforceable. If you agree to alter your schedule without a judge's signature, you are technically violating your formal court order. If the relationship sours mid-summer, the Family Court will strictly enforce the original written decree.

Formalizing your modification the right way

To ensure your summer schedule is legally protected, any deviation from your permanent decree must be formalized through official judicial channels under the New York Family Court Act:
  • Consent orders and stipulations: If both parties agree on the temporary summer adjustments, your legal counsel can draft a formal Stipulation and Order. Once executed, it transforms into a binding, enforceable court order.
  • Filing a petition for modification: If your co-parent refuses to accommodate a necessary shift, you must file a formal petition. According to the landmark precedent Friederwitzer v. Friederwitzer, you bear the strict burden of proof to demonstrate that a substantial change in circumstances has occurred and that the proposed modification serves the best interests of the child.
Waiting until the week of a scheduled trip to seek a solution is a critical mistake. Reviewing the statutory rules for child custody modifications in New York provides the technical clarity needed to protect your parental rights and ensure your children enjoy a secure summer break.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[How property is divided in a New York divorce]]> https://www.georgeredder.com/?p=47228 2026-05-11T07:12:42Z 2026-05-11T07:12:42Z Divorce can reshape your financial life in ways you may not expect. Understanding how New York courts divide property can help you prepare for what lies ahead.

Marital property vs. separate property

The first step is classifying what you own. Under New York Domestic Relations Law § 236(B)(1)(c), marital property includes all assets either spouse acquires during the marriage. It does not matter whose name is on the title. Separate property generally stays with its original owner. Common examples include:
  • Pre-marital assets: Property you owned before the wedding.
  • Inheritances: Money or property left to you alone, even during the marriage.
  • Third-party gifts: Gifts received from someone other than your spouse.
  • Personal injury awards: Compensation paid directly to you.
Be aware that separate property can lose that status if it mixes with marital assets.

How equitable distribution works

New York follows equitable distribution, not a simple 50/50 split. Courts divide marital property in a way that is fair given the full picture of your marriage. The process generally moves through three stages: classifying each asset, valuing it and then distributing it between spouses. Commingling is one of the biggest risks in this process. If you deposit inherited funds into a joint account, a court may treat that money as marital property.

Factors the court considers

No two divorces produce the same outcome. Judges weigh several factors when deciding what a fair split looks like:
  • Marriage length: Longer marriages tend to produce more even splits.
  • Income and property: Each spouse's financial situation at the start and end of the marriage matters.
  • Custody needs: A custodial parent may have a stronger claim to the marital home.
  • Non-financial contributions: Homemaking and career support count in the court's analysis.
  • Age and health: Both spouses' physical condition and future earning ability are relevant.
Retirement accounts, including pensions, IRAs and 401(k)s, are also marital property to the extent they were funded during the marriage.

What you can do about shared debts

Debts acquired during the marriage are generally subject to division too. Even if a court assigns a debt to your spouse, a creditor can still pursue you if your name is on the account. Write to creditors and ask them to close any joint accounts so you are not exposed to future charges your spouse may create.

Speaking with an attorney about your situation

Property division involves fact-specific judgments that vary from case to case. An attorney can help you understand your options and assess how the relevant factors may apply to your circumstances.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Do fathers automatically get 50/50 custody?]]> https://www.georgeredder.com/?p=47229 2026-04-11T02:16:08Z 2026-04-11T02:16:08Z How New York courts decide custody Family courts in Kingston evaluate several factors before issuing a custody order. Judges aim to create a stable, supportive environment for your child, not to divide time evenly between parents. Courts typically look at:
  • Each parent’s ability to provide a stable home.
  • Your involvement in your child’s daily life
  • Your willingness to support your child’s relationship with the other parent.
  • Your mental and physical health
  • Your child’s school and community ties
  • Any history of domestic violence or substance abuse
Judges weigh these factors carefully. No single element determines the outcome. Your consistent involvement and cooperation can strongly influence the court’s decision.

Is 50/50 custody possible?

Yes, 50/50 custody is possible in New York. Courts may award joint physical custody when both parents:
  • Live close to each other
  • Communicate effectively.
  • Share parenting responsibilities.
  • Put the child’s needs ahead of conflict.
Yet, equal time only works when it benefits your child. If the court believes a different arrangement offers more stability, it will choose that instead.

Steps you can take to strengthen your case

You have more control over the outcome than you might think. Taking proactive steps can improve your chances of securing meaningful parenting time.
  • Stay involved in your child’s routine, including school and activities.
  • Keep records of your parenting time and communication.
  • Maintain a stable living environment.
  • Avoid conflict with the other parent, especially in front of your child.
  • Follow all existing court orders.
Fathers in Kingston, NY do not automatically receive 50/50 custody, but they also do not start at a disadvantage. The court’s primary goal is to protect your child’s best interests. If you focus on being a consistent, supportive parent and present a clear plan for your child’s care, you can build a compelling case for shared custody.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[What happens to out-of-state property in a New York divorce?]]> https://www.georgeredder.com/?p=46963 2026-02-24T14:26:24Z 2026-02-24T14:26:24Z Do courts in New York have jurisdiction over out-of-state property? New York courts typically do not have any authority to transfer real estate titles in other states. However, they do have control over the spouses in the divorce. This allows the court to order divorcing couples to take specific actions concerning out-of-state property. This includes signing deeds, selling the property or transferring ownership. Courts do this to ensure equitable distribution, giving both spouses the chance to receive marital property fairly and justly. If a spouse refuses to follow a court order, the court can enforce its judgment through contempt.

How do courts in New York divide out-of-state property?

When dividing out-of-state property, New York courts examine specific factors about the marriage to help determine how much each spouse should receive. Some of the factors judges typically include:
  • The length of the marriage
  • Each spouse’s income and earning ability
  • Each spouse’s contributions to the marriage, including homemaking and child-raising
  • The value and nature of the property
  • The future financial circumstances of each party
To distribute out-of-state properties, courts may order the couple to sell them and divide the proceeds equitably. Alternatively, one spouse may buy out the other or opt for co-ownership.

The importance of equitable distribution

Equitable distribution aims to reduce economic hardship by providing both spouses with a fair opportunity to move forward. Courts carefully evaluate the origin, value and use of each asset to reach a just and equitable outcome. This way, spouses will have an easier time adapting to their new lives after living together for so long.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Why estate planning matters after the loss of a spouse]]> https://www.georgeredder.com/?p=46962 2026-01-29T09:04:26Z 2026-01-29T09:04:26Z Losing a spouse changes more than your daily life. In New York, it also affects how you control your assets, make decisions and protect your family if you leave your estate plan unchanged.

Your estate plan may no longer reflect reality

Most married couples build their estate plans around each other. Wills, beneficiary forms and powers of attorney usually assume both spouses are alive and able to act. After your spouse’s death, those assumptions no longer fit your situation. Documents that once worked smoothly can now create gaps or legal problems.

Key reasons to revise an estate plan in New York

Updating your estate plan after a loss helps reduce confusion and limits court involvement during a difficult time. Several areas often need review:
  • Beneficiary designations: Many retirement accounts, life insurance policies and payable-on-death assets name a spouse first. If you do not update them, assets can pass to people you did not intend.
  • Executor and agent roles: If your spouse served as executor, health care agent or power of attorney, you must name new individuals to handle those responsibilities.
  • Ownership of assets: You may need to retitle jointly owned homes or accounts into your name alone.
  • Minor children: You should confirm or add guardianship designations so a judge does not make that decision for you.
  • Trust structure: You may need to restructure or adjust funding for a joint revocable trust after your spouse’s death.
Reviewing these items together helps keep your plan clear and workable.

How New York law can affect surviving spouses

New York estate law adds another layer of complexity. Under EPTL § 5-1.1-A, surviving spouses cannot be fully disinherited, even if a will attempts to do so. New York law guarantees a surviving spouse a minimum share of the estate. That share is at least $50,000 or one-third of the total estate, including some assets outside the will. The spouse must claim this right within a set time after the executor is appointed.

Why working with an attorney can matter

Revising an estate plan after a spouse’s death often requires more than simple updates. New York probate rules, tax issues and elective share laws directly shape how you should make changes. An experienced estate planning attorney can help ensure documents are updated correctly, assets are titled properly and your plan aligns with current law and personal goals.]]>