Proskin Law Firm

Proskin Law Firm Since 1977 the Proskin Law Firm has been serving the legal needs of residents and businesses throughout N.Y.'s Capital Region and beyond.

I remember my grandmother advising me not to put anything in writing “unless you want to see it in the New York Times”. ...
05/28/2026

I remember my grandmother advising me not to put anything in writing “unless you want to see it in the New York Times”. At the time I didn’t realize just how wise she was. Obviously, if it was in writing, it could be shared with little question as to what was written.

Today, this advise takes on a greater meaning. With texting, emails, snapchat, and other digital communications there is a never-ending source of written comments. The posted message when you become angry or feel like gossiping about someone will last forever. It may not make the New York Times, but it can certainly be saved and shared. It could also rear its head in the future, as so many political candidates learn. Their off the cuff comments resurface and demonstrate aspects of their character they thought they had put in the past and outgrew. Not only do candidates have to deal with previous comments, but some defendants are learning the hard way, as threats, comments, and posts are being used against them as evidence.

Several years ago, I was able to use past Facebook posts in a case to help leverage a plea bargain. The “victim” thought they had successfully deleted the posts, but we had screenshots - proving that posts online never truly disappear.

People would be wise to heed my grandmother’s advice, as it seems more relevant today than ever.

Recently a client of mine passed away. Her will is currently in probate. She probably wrote five wills over the last 10 ...
05/26/2026

Recently a client of mine passed away. Her will is currently in probate. She probably wrote five wills over the last 10 years of her life. She did not have close family and, as she saw people’s true colors, she changed her will. I would tease her that she was like a bad TV show where one of the elders is always threatening to cut people out of their will. It was not a threat for her, however. She always followed through.

This strategy could have become a problem after she was gone. If any of the previous original wills were floating around, someone could have tried to get one admitted into probate. Fortunately, we avoided this issue as each time we executed a new will, I had her destroy the old one. She would tear it in half and then my office would shred it. There was probably a level of satisfaction for her in the action, but for me, it was simply to keep everything above board. She physically demonstrated that she no longer wanted the old will - and it was destroyed.

As long as proper protocols are followed, you can, theorhetically, change your will every day if you chose. By drafting a will, you get to do exactly what you want with your assets. As I always state, it's important that you use an attorney who knows the law and can make sure that your wishes are carried out.

As we now probate my client’s estate, I can’t help but think of her and smile, knowing that - to the end - she got exactly what she wanted.

Last week the South Carolina Supreme Court overturned the double murder conviction of Alex Murdaugh. The court unanimous...
05/21/2026

Last week the South Carolina Supreme Court overturned the double murder conviction of Alex Murdaugh. The court unanimously ruled that the court clerk improperly influenced jurors to get a guilty verdict in order to help sell a book she was planning to write about the case.

I followed this trial a bit, as it really exposed a life gone wrong. Murdaugh was a very successful lawyer who was found guilty of killing his wife and son. All sorts of personal and financial issues came out in the trial. Following the conviction, Murdaugh was sentenced to two life terms.

The reversal of the convictions does not mean Murdaugh now walks free. Instead, it's likely that there will be another trial on these charges. The prosecution will need to present its evidence again in an effort to prove guilt beyond a reasonable doubt. One of the major differences with this second trial is that the defense will have already seen what was introduced at trial #1. A tactic that was unsuccessful tried may now be changed with a new defense theory.

While the prosecution can also change how it presents the case, the evidence is what it is. Thus, retrying a case is always a difficult task. The first trial is, basically, a mulligan for the accused. I'll be very interested to see if Murdaugh's defense team tries something different by altering their defense in light of what everyone already knows.

Many times people must sell their current home in order to buy a new home. The sale often needs to take place in one day...
05/19/2026

Many times people must sell their current home in order to buy a new home. The sale often needs to take place in one day, as they need the money to purchase the new home, but they have to be out of the old home to complete the sale. This balancing act needs to be done carefully or there can be issues.

If the current home doesn’t close on time, the owner may not have the money for the second closing. If the current home closes, but there is an issue with closing for the new house, the purchaser is essentially homeless. There is a precarious balancing act taking place to make sure that everything goes as planned. Contingencies and other protections can be used to make sure that the worst does not happen.

While it's possible to buy or sell a home without using an attorney, I never recommend it. Purchasing a home is one of the largest investments a person will ever make. It's only sensible to have protection. When things must happen in a certain way or on a specific schedule it's important that there is someone to guide you and keep everything on track. As always, be sure to ask questions so you completely understand the process and the possibilities.

Actress Blake Lively and actor/director Justin Baldoni have announced that their high-profile litigation has been settle...
05/14/2026

Actress Blake Lively and actor/director Justin Baldoni have announced that their high-profile litigation has been settled. Both claim to be happy and are saying they won the case. How can that be?

Well, first of all, both of them are actors, so they're good at portraying a storyline. In addition, they're both probably happy about parts of the settlement, and disappointed over other parts.

A settlement has to be such that both sides agree and, therefore, it's a compromise. Both sides get something and typically give something. The settlement ended the litigation, the publicity, and the legal fees. It also gave both sides control of the outcome and the ability to frame it the way the chose.

So far, the settlement remains confidential, which means both sides can weave the narrative they wish to weave. Many settlements are confidential, and also include no admissions of liability, simply resolving the matter that initially caused the disagreement and litigation. If those rules are followed and this settlement remains confidential, its safe to assume - as is common - that the agreement ending the case is somewhere in between what each side is claiming it to be.

There are so many stories online these days involving people suing other people over property they say was promised to t...
05/12/2026

There are so many stories online these days involving people suing other people over property they say was promised to them. Most of these stories are AI generated, fiction, or both. In New York State and most other states real property transactions must be in writing and signed. This is known as the Statute of Frauds. It requires the agreement in writing and that it be signed by all parties to make the intent clear, and to prevent the agreement from being altered.

The multitude of accounts of people seeking enforcement of a promise, gambling debt, or some other verbal “agreement” are typically untrue, as the initial agreement was unenforceable. While they may be fun to read, they are fictional stories simple meant to entertain.

I keep reading more and more articles on the topic of avoiding probate. While there may be standard steps, avoiding prob...
05/07/2026

I keep reading more and more articles on the topic of avoiding probate. While there may be standard steps, avoiding probate is not a one size fits all proposition. However, there are things that can be done to make it easier for those left behind following a death to take possession of financial accounts.

Whether you are looking to avoid probate or not, one of the easiest ways to do so is to designate beneficiaries on your accounts, making sure it's clear who owns the accounts upon your death. The beneficiary only needs to show a death certificate and their identification and the funds will be transferred.

If you want to add a beneficiary to an account, you need to visit the institution and fill out the necessary forms. You will need to provide the name and identifying information of the beneficiary. The only exception is if the account is jointly owned. If that's the case, the beneficiary would only take the funds when both owners are deceased. And, at any time, a person can change a beneficiary for any/all of their accounts.

Naming a beneficiary is an easy way to ensure funds go where intended and that there is no drawn-out process to get them there.

I’ve seen all the recent headlines announcing Josh Duggar’s sentence has been increased. This is just another example of...
05/05/2026

I’ve seen all the recent headlines announcing Josh Duggar’s sentence has been increased. This is just another example of headlines being inaccurate.

I have nothing to do with his case other than a passing glance when updates catch my eye. However, I do know that Duggar was convicted on federal child po*******hy charges and given a pretty steep sentence. The latest headlines are deceiving. Duggar's sentence has not changed, but his release date has.

What happened is that, as an inmate, Duggar most likely got into some trouble. When inmates are processed, their initial release date is determined based on the assumption that they will be granted all of the possible good time available (which is credited for time an inmate behaves and does not get punished). In some cases, as with Duggar, things do not go as originally hoped, and penalties are imposed. One of the biggest punishments is that he does not accrue additional good time. When this happens, a portion of good time is removed from the calculation and the release date is reconfigured.

So, while it appears that Duggar's sentence has been increased, it's the calculation that changed. The result may be the same, but it's important to note that no time was added to the sentence, rather good time (that had not yet been earned) was removed from the calculation of the release date.

There are now traffic cameras at red lights, cameras on school buses, and cameras at speed traps — all waiting to catch ...
04/30/2026

There are now traffic cameras at red lights, cameras on school buses, and cameras at speed traps — all waiting to catch you breaking the law. If the video is reviewed and law enforcement officials think you have violated a traffic law, you will receive a ticket in the mail.

This ticket is different than others you may have received. First of all, it does not indicate who was driving the vehicle. It says that this vehicle violated the law (based on the video and license plate). The ticket goes to the registered owner of the vehicle. This means that if someone borrowed your car, and broke the law, YOU get the ticket.

The other big difference is that these tickets carry a civil fine, but no points. Since the photo does not prove who the driver was, the owner cannot receive a quasi-criminal penalty (points).

The best thing to do if you receive a ticket from a camera is to review the video that is provided. The ticket is defective if you cannot review the footage. When you look at the video, do so objectively. Did the car do what is claimed (pass the bus, run the red light, exceed the speed limit) shown by the number on the frame? If it's questionable, it may be worth challenging the ticket. If it is clear a violation took place it may be worth paying the fine.

If you decide to challenge the video, depending on the municipality it can become a drawn out process making you appear in court more than once. Only you can decide if it's worth the time it may take. If you choose to pay the fine, there is no guilt involved and no points assessed.

Of course, once you review the video, it may be in your best interest to contact an attorney to get personalized guidance.

One of the most important papers you can have is a health care proxy. This designates the person you want to make your h...
04/28/2026

One of the most important papers you can have is a health care proxy. This designates the person you want to make your health care decisions if you are unable. You delegate this authority to someone you trust to follow your wishes. It is of utmost importance that you make sure that this person knows your thoughts and beliefs so they can act as you want.

A health care proxy has no authority if you can communicate and make your own decisions. For example, if you break your leg and are conscious then, obviously, you have the ability to deal with the doctor. If you get a bad diagnosis, but can still make decisions, you make them. A health care proxy does nothing to take power away from the principal. It only comes into play when the principal is unable to make her/his own decisions or to clearly communicate with them. The proxy does not overrule the principal.

Since I believe people should always want to be in control of what happens to them (as much as possible), for me, a health care proxy is a critical tool to have.

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423 Loudon Road
Albany, NY
12211

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Monday 9am - 5pm
Tuesday 9am - 4:30pm
Wednesday 8:30am - 4:30pm
Thursday 8:30am - 4:30pm
Friday 9am - 4:30pm

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+15184360775

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