JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is available to comment on how Guardianships work, including the responsibilities of the Guardian and when a Guardianship can be contested.

In New York State, Ms. Hobson-Williams points out that we have not had Conservatorships and Committees (Mental Hygiene Law Article 77 and 76) in New York State since 1992. Article 81 Guardianships were established so that the least restrictive form of intervention would be in place consistent with affording a person alleged to be incapacitated with the largest amount of autonomy in light of their understanding and appreciation of the nature and consequences of their functional limitation.

Individuals under an Article 81 Guardianship do not lose all of their rights as under the prior Conservatorship statute. Individuals under a Guardianship in New York have more rights than those in other states, such as the right to counsel, the right to be present at the hearing and the right to a jury trial, citing Article 81 of New York State’s Mental Hygiene Law which is “designed to be tailored to meet the personal and financial needs of the individual in the least restrictive manner,” she says. “In New York, people do not lose all their rights in a Guardianship.”

Under a New York Guardianship, a person who is the subject of the Guardianship, is called an alleged incapacitated person (AIP). An AIP can consent to a Guardianship and be designated a Person In Need of a Guardian (PING) or after a hearing, where evidence and testimony is presented and a court can find that an AIP needs a guardian because they are unable to handle either the personal or financial affairs or both their personal AND financial affairs and will likely suffer harm if a Guardian is not appointed and they fail to understand the consequences of not being able to handle their affairs.  In essence, the person alleged to be incapacitated lacks insight and judgment.

The court can fashion an order that gives a Guardian extensive power over the person found to be incapacitated or limited powers to handle the person’s affairs. The powers given should reflect the incapacitated person’s functional level and their ability to participate in handling their affairs.

A Guardianship may be contested, and a Guardianship can be terminated, if a party in the Guardianship proceeding believes that a Guardianship is not necessary — for example, if there is a power of attorney in place, a court could deny the petition for a Guardian under certain circumstances. A court can terminate a Guardianship if it is proven that the incapacitated person has recovered from an illness and no longer requires assistance. Other reasons to contest a Guardian or Guardianship may be the Guardian’s failure to monitor the incapacitated person’s funds or pay their bills, physical abuse, emotional abuse, manipulation or financial abuse.

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and Guardianship matters.

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 28 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, Guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. has announced that she will be a guest panelist at Women, Wine and Wealth — Brooklyn Edition, which will take place on Thursday, September 12, 2024 at the Akwaaba Mansion Bed & Breakfast, 347 MacDonough Street in Brooklyn. The event starts at 6:30 p.m.

The purpose of the conference is to help women achieve financial independence. The panel will discuss and explore the topic of women’s financial health and wellness and share their insights on topics such as achieving financial peace and purpose; investing for the future; the importance of wills, estates and trusts; and planning for retirement.

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters.

For more information on Hobson-Williams, P.C., call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 25 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. has announced that she will be a guest panelist at the Meet the Experts: Financial and Estate Planning Seminar, which will take place on Tuesday, September 10, 2024 from 9 a.m. to 12 p.m. at the Wheatley Hills Golf Club, located at 147 E. Williston Avenue, East Williston, NY 11596.

The purpose of the conference is to help women achieve financial independence. The panel will discuss and explore the topic of women’s financial health and wellness and share their insights on topics such as achieving financial peace and purpose; investing for the future; the importance of wills, estates and trusts; and planning for retirement.

Ms. Hobson-Williams — who is a St. John’s University graduate —  concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters.

The conference is being sponsored by St. John’s University – McCallen Society. Registration is required and seating is limited. To register, visit https://tinyurl.com/4wrwn6u5.

For more information on Hobson-Williams, P.C., call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 25 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving tier clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — As the result of the signing of a bill into law by New York Governor Kathy Hochul, medical debt will be automatically removed from credit reports. Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. says the elimination of this debt will remove the burden experienced by lower-income individuals who may be looking to rent a house or an apartment, save up for a new car or find a job.

As of December 13, 2023, in New York State, any medical debt up to $500 cannot be included in any credit reports. New York is now the second state in the nation, after Colorado, to forbid credit reporting agencies from including these obligations when determining someone’s credit score. Exceptions include any medical debt incurred from using a credit card (unless the card was issued for health services only) and any arrears from out-of-state providers.

State legislators who introduced the bill argued that someone should not be punished with a bad credit score because they may have experienced an emergency medical episode, resulting in unexpected expenses. In addition, these marks on their credit reports have disproportionately affected people of color.

Opponents and supporters of the new law have found fault with it. Those opposed to the law said it is too broad and should only eliminate debt related to emergency care. Proponents of the law argued that the threshold is too low, citing a study from the Urban Institute showing that more than 740,000 New Yorkers had unpaid medical debt on their reports as of February 2022 and more than half of residents from the lowest-income communities had more than $500 in medical debt.

Ms. Hobson-Williams says this law will provide relief for lower-income individuals who have struggled to rebuild their credit. “Those in the lowest economic strata could not build back their credit, no matter how hard they tried, because a small amount of medical debt held them back,” she says. “By removing this barrier, these individuals will be considered creditworthy when looking at apartments, applying for a car loan, or seeking employment.”

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving tier clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, debt collection, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. has announced that she will be a guest panelist at the Women Wealth & the Word conference, which will take place on Saturday, October 28, 2023 at 11 a.m. at Allen AME Church, 1130 W. Lexington St., Baltimore, Maryland.

The purpose of the conference is to help women achieve financial independence. The panel will discuss and explore the topic of women’s financial health and wellness and share their insights on topics such as achieving financial peace and purpose; investing for the future; the importance of wills, estates and trusts; and planning for retirement.

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters.

The conference is being presented by Women in Ministry, African Methodist Episcopal Church, and Thrivent. Registration is required and seating is limited. To register, visit https://bit.ly.com/WomenInMinistry2023.

For more information on Hobson-Williams, P.C., call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving tier clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. says she supports New York City Mayor Eric Adams’ plan to have a nonprofit work with hospitals and healthcare facilities to eliminate medical debt that is being carried by city residents in need.

The NYC Health Department recently entered into an agreement with RIP Medical Debt to have the not-for-profit debt relief firm work with hospitals to reduce the amount owed, then have the balance paid off through public funding and private donations. The company only buys pre-qualified debt. After negotiating with the hospital, RIP will pay the agreed upon amount, and patients will receive a letter stating that the debt has been paid off.

According to the Community Service Society (CSS), a New York-based nonprofit focused on combating poverty, more than 54,000 New Yorkers faced legal action against hospitals over unpaid bills between 2015 and 2020. CSS said those who were sued should have received financial help for their situations.

In 2020, during the pandemic lockdown, the state approved a bill changing the amount of time that hospitals are forbidden from collecting medical debt from seven to three years. On April 11, 2023, the three major credit reporting companies — TransUnion, Equifax and Experian — removed all medical collections under $500 from people’s credit reports and credit history. Any debt exceeding $500 can appear on one’s credit report for up to seven years.

“This plan would help a lot of low-income individuals and alleviate the stress of calls from hospitals and debt collection agencies,” Ms. Hobson-Williams says. “Mayor Adams’ initiative is a step in the right direction that will help those struggling to pay off their medical debt.”

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving tier clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, debt collection, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

Jury Decided Instructions Left on a Handwritten Piece of Paper from 2014 Were Valid

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is available to comment on how singer Aretha Franklin died intestate, or without a will, how her sons fought over control of her estate and the jury’s recent decision of which set of instructions written on paper by Ms. Franklin could be considered a valid will.

Ms. Franklin, who died on August 16, 2018 of pancreatic cancer at the age of 78, is survived by four sons. The sons fought over control of their mother’s estate after two pieces of paper were found which listed different instructions of how her assets should be distributed. One written will from 2010 which was found in a closet inside a spiral notebook left the estate to one son, Ted White II. Another version from 2014 that was found inside a sofa left to her two other sons, Kecalf and Eddie Franklin.

The 2010 version of the will names Mr. White and his cousin, Sabrina Owens, as co-executors and instructs Kecalf and Eddie to take business classes and show proof of completion of these classes with either a certificate or degree if they want a part of the estate. The 2014 version of the will names Kecalf and Eddie as co-executors instead of Mr. White and does not require Kecalf and Eddie to take business classes; it also allows him to sell the gowns or donate them to the Smithsonian Institution.

Despite the differences, both versions stated that their children can collect royalties from her songs and copyrights and part of her estate will go to financially support her oldest son Clarence, who has special needs and lives under a legal guardianship.

On July 11, 2023, an Oakland County Probate Court jury in Pontiac, Michigan found that the piece of paper from 2014 that was found inside a sofa was, in fact, a valid will. The decision meant that Kecalf and Eddie stand to inherit her assets worth millions of dollars, including real estate, furs, jewelry and clothing.

“The state of Michigan allows wills to be handwritten, as long as they clearly state how the assets will be distributed and who is in charge of the estate,” Ms. Hobson-Williams says. “In New York, a handwritten will is allowed, but it is not recommended. Further, it is not valid under most circumstances. The best way  to draft a will is to work with an elder law and estate planning attorney who can help you determine how your estate will be settled.”

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters.

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving tier clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is available to comment on how Stephen “tWitch” Boss died intestate, or without a will, and how his wife is filing for half of his estate.

The dancer and DJ, who appeared on the TV show So You Think You Can Dance and was a dancer and DJ for The Ellen DeGeneres Show, died from a self-inflicted gunshot wound on December 13, 2022 at the age of 40. He leaves behind his wife, Allison Holker, and three children.

On February 6, 2023, Ms. Holker, who was married to Mr. Boss for nine years, filed a Spousal Property Petition in California Superior Court requesting half of his estate. That includes half of his investments from his production company and royalties he collected from his work.

In New York, a spouse has the right to elect against the deceased spouse’s estate, Ms. Hobson-Williams says. This is called an elective share, which is defined as the greater of $50,000 or one-third of the estate, which includes property such as joint bank accounts and certain assets.

“A spousal right of election can be filed by a surviving spouse who has not inherited assets that are at least equal to the elective share of the estate,” she says.

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters.

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is available to comment on how Coolio died intestate, or without a will, leaving the court to determine who will receive the late rapper’s estate.

The actor and rap star, born Artis Leon Ivey Jr., passed away on September 28, 2022 at the age of 59. It was reported that he died of cardiac arrest. His former manager filed for probate on the late rapper’s behalf to appraise his estate, which is estimated to be more than $300,000, according to the petition. Coolio’s seven children are listed as the next of kin and will probably inherit his estate.

“If you are a high-net-worth individual or celebrity, it is important that you put your affairs in order and assign someone you trust to be your executor or to create a trust,” Ms. Hobson-Williams says. “You should also examine your bank accounts and life insurance policies to determine if you will be able to pay for funeral expenses and leave behind enough money for your loved ones. You should also dictate who gets how much from your estate. If you don’t, then the court will make that determination, which might not please everyone when the decision is made.”

Ms. Hobson-Williams concentrates her practice in elder law, estate planning, Medicaid planning and guardianships. She is currently representing and advising celebrity clients in estate and guardianship matters. 

For more information, call 1-866-825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Jamaica Estates and Brooklyn, New York, the law firm of Hobson-Williams, P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the firm’s skilled attorneys are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Practice areas include elder law and estate planning, guardianships, Medicaid, real estate, landlord/tenant and business law. For more information, call 1-866-825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Many low-income individuals who are being aggressively pursued by debt collectors do not have the means to hire an attorney and, therefore, must either pay the debt or file for bankruptcy. Some will turn to nonprofit organizations that can offer free advice, but are not nuanced in the legal aspects of debt collection and settlements. Tanya Hobson-Williams at Hobson-Williams, P.C. says that, while nonprofits can be helpful, debtors who are facing serious financial consequences should obtain an attorney who is willing to work pro bono or at a lower cost.

 

A recent lawsuit was filed against New York Attorney General Letitia James by Upsolve, a nonprofit organization which implemented the American Justice Movement, a program that is training non-lawyer individuals to provide free legal advice to residents of low-income neighborhoods who are defendants in debt collection lawsuits. In the lawsuit, Upsolve claimed the state’s ban on seeking free legal assistance on debt collection matters violated the First Amendment because its rules governing the unauthorized practice of law (UPL) forbids individuals who are not attorneys from providing legal advice and advising others on how to respond to a lawsuit, “even when the advice is free, straightforward, and simple.”

 

“There are many nonprofits that do wonderful work helping low-income individuals who are in dire financial straits, whether they are in debt or facing eviction,” Ms. Hobson-Williams says. “However, the law makes it clear that their volunteers cannot give out legal advice if they aren’t attorneys. I strongly suggest that anyone who is being aggressively pursued by debt collectors should reach out to the local Bar Association and find an attorney who can offer low-cost legal services or their legal services free of charge.”

 

Ms. Hobson-Williams has served as a Guardian ad Litem for more than 15 years, providing pro bono services to disabled and senior citizens in need of legal representation in Housing Court. She has represented hundreds of individuals facing eviction.

 

For more information, call 1 (866) 825-1529 or visit www.nyguardian.com.

 

 

 

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.nyguardian.com.