Law Offices of Joanne Fanizza, P.A.

06/18/2026

My office is closed on all federal holidays, including Juneteenth, which is tomorrow. Juneteenth is the most recently added federal holiday, established by Congress at the request of President Joe Biden in 2023. What is it? Juneteenth is the day in 1865 the last enslaved people in America were told they had been freed by President Abraham Lincoln's Emancipation Proclamation -- two and a half years earlier! All slaves in the U.S. were finally FREE!

Union troops entered Galveston on that date to find there were still people enslaved there -- despite the fact that the Emancipation Proclamation had been signed by President Lincoln on January 1, 1863. The troops liberated them and informed them of the great news. Sadly, slaveholders in Texas refused to tell them at the time of the Proclamation or any time before June 19, 1865, about their freedom. They simply refused to set them free.

As if history repeats (or remains unchanged), Texas has done its best to disenfranchise black voters, including this election year, despite the 15th Amendment's language giving formerly enslaved people the right to vote. While they may have the right to vote, their right to representation has been denied. Texas has gerrymandered its Congressional districts to ensure black voters cannot elect a black representative. Shameful.

And now you know why I call it Tex-ass. They just can't move on from their racist past. Why, Tex-ass? Why? What do you fear?

06/16/2026

I see clients and prospective clients who prepare self-made trusts, usually with an online form that they pay peanuts for, who shoot themselves in the legal foot about 100% of the time and wind up getting nothing more than hoodwinked. I recently received a "trust" the client paid $14.95 for (it was on the cover page), to be used in Florida. The trust was totally INVALID under Florida law and could not pass muster in any way, shape or form. (Crazier still, the cover page said it was approved by the Wall Street Journal!) I didn't know the person when she "created" this document, but now her family has to deal with whatever fallout there may be on its continued use.

I use this example as a warning: Please, folks, DO NOT CHEAP OUT AND THINK YOU'RE SMARTER THAN THE LAWYERS AND CAN CREATE COMPLICATED LEGAL DOCUMENTS! We didn't go through 4 years of college, 3 years of law school, sit for various bar exams, have our backgrounds investigated, continue to take law refresher classes every year and keep up with our area of practice to be treated as though everyone else can do what we do, and better. We work hard to practice this highly skilled profession with competency, and there's nothing more frustrating than seeing a "do it yourselfer" make a disaster for themself and their loved ones. You have no idea how many messes I've had to clean up over the years because of this foolishness.

A saying I use in the office is "I know what I know". I don't know a whole lot of things or a whole lot of areas of law, but I at least know my practice areas in both FL and NY. Don't ask me about rocket science or criminal law or tax law, because those are not my areas of specialty. Ask me about estate planning and administration, real estate law and litigation. Those are my areas. I can help you there. And yes, I'm an expert. You're likely not.

So please, folks, if you're thinking of preparing an estate plan of any type -- from a simple will and advanced directives, to a complicated trust, whether revocable or irrevocable -- please have a professional do it right. The money you will spend now will avoid you or your loved ones having to spend a helluva lot more down the road. I say to my clients: "Pay me now or pay me later. If you pay me now it will be cheaper in the long run."

Please listen to the expert.

04/07/2026

I will be on vacation from April 15th through the 25th, and my office will be closed during that time frame. If you need to reach me, please call the New York office at 631-647-9595 and leave a message, which I will return on April 27th. If it is a true emergency, please email me at [email protected] and I will do my best to respond. I am unsure how often or even whether I will be able to check emails while I'm away. Thank you for your understanding.

01/14/2026

One of my areas of expertise is the US Constitution. Since it’s been in the news so much lately, and there’s such a dearth of accurate information on it, I thought it would be a good idea to teach a primer/refresher class in Farmingdale’s adult education program Here’s the information for the class I will be teaching starting on February 23rd at Farmingdale High School. If you live in the school district and are interested, please sign up! If there is enough room after district residents sign up, they will allow out-of-district residents to sign up.

12/13/2025

Yesterday I had a long and stressful, yet great day at work. I've been working on a probate case in FL where some bad people (including two lawyers, no less!) tried to take the assets of an estate, i.e., two condominiums and a car, and deprive the rightful heirs of their distributions. I was retained by NY officials who had the NY aspect of the case under way, but learned just a few months ago that there were assets in FL that had to be addressed. Except those assets were about to be turned over to the people who were not entitled to them, including one of the lawyers with the other lawyer's help. Let's just say this case involved the worst case of fraud in a probate matter that I've ever seen in my 30 years of practicing in this area.

I intervened in the case on behalf of the NY officials, stopped the order distributing the assets and worked really hard to piece together the facts of what took place, using various experts (title companies, private investigators) and finding public records that helped tell the story. Of course the lawyers and their clients were totally uncooperative.

The judge ordered us to mediation, and I was able to control the selection of the mediator. I selected a mediator who had deep expertise in not only probate matters, but also criminal law, which was also implicated in the case.

Yesterday we mediated the case from 10 am to 7:30 pm, a truly exhausting day! We were able to get everything returned to the estate, get rid of the bad guys and get our people approved to take over the file and bring the case to a rightful conclusion. I will stay on to conclusion.

I tell you this because I cannot stress how important it is to be diligent in your own personal affairs, make sure your papers are in order, and have the proper professionals help you get your legal affairs in proper form. Too many times I see people who want to do things themselves, thinking they can save a buck. But in this case, if things were handled properly while the decedent was alive, we could have avoided tens of thousands of dollars in expenses to this estate. I'm just at least happy that we got a great result, and I thank my colleagues on my side of the equation who helped make this happen.

09/09/2025

I received really good and important information today from a listserve I'm on that is CPA- and IRS-based. Don't become a victim of the following type of fraud:

IRS assesses $162 million in penalties over false tax credit claims tied to social media

The Internal Revenue Service is alerting taxpayers about a growing number of fraudulent tax schemes circulating on social media that promote the misuse of credits such as the Fuel Tax Credit and the Sick and Family Leave Credit. These scams have led thousands of taxpayers to file inaccurate or frivolous returns, often resulting in the denial of refunds and steep penalties.

Since 2022, the IRS has seen a surge in questionable refund claims fueled by misleading social media posts and bad actors posing as tax experts. Many of the posts falsely claim that all taxpayers are eligible for credits they do not actually qualify for, such as those meant for self-employed individuals or businesses. The IRS routinely publishes and updates a list of frivolous positions on IRS.gov that could lead to the imposition of penalties.

"These schemes are not only misleading but can cost taxpayers dearly," said James Clifford, IRS Director Return Integrity and Compliance Services. "People who follow this advice could end up with rejected claims and a penalty of up to $5,000 in addition to any other penalties that might apply. So far, the IRS has imposed over 32,000 penalties costing taxpayers more than $162 million. It's in the taxpayer's best interest to stay informed."

How to spot these scams

These scams often have common traits:

Social media posts that claim everyone qualifies for certain tax credits.

Promises of "easy" or "fast" refund with minimal documentation.

Instructions to file amended returns, even if you did not originally qualify for the credits.

Encouragement to ignore IRS letters or respond with false information.

What happens when a taxpayer falls for a scam

Taxpayers who submit false claims may face serious consequences:

Delayed refunds.

Denied refund claims.

A $5,000 civil penalty under Internal Revenue Code Section 6702 for filing a frivolous return.

Subject to further IRS examination and enforcement action.

What taxpayers can do if they are targeted

Taxpayers who believe they have been misled or filed an incorrect return should:

Amend the tax return as soon as possible using Form 1040-X, Amended U.S. Individual Income Tax Return.

Respond promptly to any IRS letters or notices.

Seek help from a reputable tax professional or the IRS's official resources at IRS.gov.

If you suspect a tax scam, report it to the IRS by emailing [email protected] or file a complaint with the Treasury Inspector General for Tax Administration (TIGTA).

Stay informed

The IRS urges all taxpayers to be cautious when relying on social media posts. Always verify claims with credible sources or consult a qualified tax professional.

For the latest updates on tax scams and IRS warnings, visit Tax Scams. In addition to IRS.gov, the IRS routinely publishes helpful information on IRS Social Media. Follow on X for scam awareness information.

Link to the information:
https://www.irs.gov/newsroom/irs-assesses-162-million-in-penalties-over-false-tax-credit-claims-tied-to-social-media

IR-2025-90, Sept. 8, 2025 — The Internal Revenue Service is alerting taxpayers about a growing number of fraudulent tax schemes circulating on social media that promote the misuse of credits such as the Fuel Tax Credit and the Sick and Family Leave Credit.

06/02/2025

Attention, elderly clients, friends and other loved ones who live in the Town of Oyster Bay (TOBAY, as we fondly call it):

The Town will be holding two free senior workshops to help serniors learn about: (1) the unclaimed funds program conducted by the State Comptroller's Office; (2) the Vial of Life Program, an initiative for emergency preparedness; (3) senior discounts available at local businesses; and (4) self-defense tips to stay safe.

The first workshop will be held from 1-2:30 p.m. on Wednesday, June 11th, at the Oyster Bay Community Center, 59 Church Street, Oyster Bay. The second will be held from 1-2:30 p.m. on Tuesday, June 17th, at Hicksville Community Center, 28 W. Carl Street, Hicksville.

These workshops are FREE and all seniors are welcome.

05/09/2025

I had the privilege and honor yesterday to speak about the U.S. Constitution to members of the American Society of Business Publication Editors. The webinar was essentially a refresher for journalists who want to engage in good reporting on the issues going on in D.C. today, especially regarding presidential power, tariffs, impoundments, etc. I really enjoyed speaking to the group, as much as I enjoy my work teaching the U.S. Constitution to school kids through the National Constitution Center.

These days it's important to remember what you learned in Civics class many years ago -- assuming you had Civics. A refresher is a great idea for anyone who wants to better understand the machinations of the current administration. If you have not had a Civics class, then it's time! See if your local night school education program or the local community college offer one to the public.

In these times, knowledge is power! The more you know about our government, what is supposed to happen, what is happening and how the two diverge, the better a voter you will be.

01/06/2025

Happy New Year, one and all!
I will be on vacation January 24-31, which means my office will be closed on those dates and until February 3rd. I will try to check emails at least every other day, if not daily, so if you have a need to communication with me before I return, please send a message to [email protected].
Better yet, if your communication can wait until I return, leave a message on my office voicemail, 631-647-9595 x. 113, and I will return your call on February 3rd.
Thank you!

10/22/2024

My office will be closed on Election Day, Tuesday, November 5th. I am coming out of voter protection retirement to serve at the polls. I feel this election is too important, and too many threats have already been made, for me not to participate.

I have a long history with voting rights. I was counting "chads" in Broward County, FL, in 2000, then served as an election protection lawyer in Broward in 2002, 2004 and 2006. After I moved back to NY in 2007, I served as a voting rights attorney in 2008, 2010, and 2012.

Having felt I served my communities long enough, I passed the baton to others. However, this year the stakes could not be higher and the threats to our voting rights could not be more significant. So I decided to serve again. My office will reopen on Wednesday November 6th.

Please vote, everyone. Your vote is your voice. And make sure you are registered to vote, a lot of states are removing people from their rolls. If you find you are no longer registered, IMMEDIATELY register so you can vote in this important election.