Category Archives: Uncategorized

Guardianship Bond, Probate/Fiduciary Bonds, Uncategorized

So, you want to be a guardian? Here’s what you need to know.

To watch your loved one lose the ability to take care of oneself is immensely painful.  In some cases, your loved one may need a guardian to manage his or her affairs.  This article will give you an understanding of the process of applying for guardianship under Article 81 of the Mental Hygiene Law.

            First, how do you end up in Article 81 proceedings?  In some cases, a facility such as a nursing home or hospital will file a petition in court asking for a guardian to be appointed.  This may arise where they need someone to file a Medicaid application so that medical bills can be paid, and the person who is being cared for does not have that ability due to mental or physical issues.  In some of the sadder cases, the facility may file for the appointment of a guardian because care staff believes that the patient or resident needs to be protected from relatives, spouses, etc. who are interfering with medical treatment and/or engaging in financial abuse.

            Additionally, people’s loved ones can file for guardianship.  Those loved ones can include: (1) anyone who has a right to the property of the person if the person passes away, (2) the executor of an estate where the person is or may be the beneficiary, (3) a trustee of a trust where the person controls the trust or is the trust’s beneficiary, (4) the person with whom the person lives, or (5) any other person concerned with the person’s welfare.  People’s spouses and adult children often apply for guardianship.  People may file because they want to make medical decisions on behalf of the relatives, to handle their assets, to protect their assets for purposes of estate planning, or to consent to settlement of a lawsuit on behalf of the loved one (e.g., worker’s compensation, medical malpractice).

            Unless someone else (like a nursing facility or hospital) has already asked the court to appoint a guardian, you will have to file an order to show cause and petition.  The person who you want to be guardian for is called the alleged incapacitated person (AIP). 

Your papers will have to detail which powers you are asking the court to grant you, the reasons why you believe that the person cannot handle his or her own affairs, why you believe that you should be appointed as guardian, and the assets that you will have to marshal (get control of).  One unpleasant aspect is that the papers will have to be given to the AIP.

            The court will appoint a court evaluator, and may also appoint an attorney to represent the AIP.  The court evaluator’s job will be to make recommendations to the judge and tell the judge which assets the AIP has.  The court evaluator will have a position about whether the AIP is incapacitated, or unable to manage his or her own personal needs and/or property.  If the court evaluator finds that the AIP is incapacitated, then the evaluator will also make recommendations about who should be appointed as guardian.  The court evaluator will speak to the AIP, to you, to the social worker if the AIP is in a facility and any other friends or relatives who have significant knowledge about the AIP.  Because the court evaluator will need to know about the AIP’s assets, it will be helpful for you to have copies of items like Social Security statements, pension statements, bank statements, mortgage statements, and brokerage account statements available for the court evaluator to inspect.   If there is significant debt, then you should also have copies of items like credit card statements available.

            Ultimately, there will be a hearing before the judge.  Before the hearing, the judge will likely speak with the attorneys and the court evaluator to determine whether it would be in the AIP’s best interests to attend the hearing at all and if it is, whether it would be more comfortable for the AIP to attend remotely.  You will testify about topics which include, but are not limited to, the history (when and how the AIP became incapacitated), why you are asking to be appointed as guardian, your relationship to the AIP, and the AIP’s financial condition.  The court evaluator will also testify about his or her investigation.  There may also be other witnesses, like a social worker from a care facility, and any other individuals, like other relatives, who want to make their voices heard.

            The judge may ask questions of you, like whether you understand that you will have to take a course, whether you have been convicted of a felony, and whether you understand that you have to submit annual accountings.  We will get to the first and third issues later.

            If the judge appoints you (or anyone) as guardian, then the judge will also appoint a court examiner. 

            You will have to take a course on guardianships, and you can get information about your options from the Guardianship Clerk in the courthouse.  If there are significant assets, the court will also order you to obtain a bond.  Once you have taken the course and obtained the bond, then you will obtain your commission, which will officially give you powers as a guardian.

            The court evaluator, and the attorney for the AIP, will be awarded fees, which will be paid from the AIP’s assets.  If the assets are insufficient to pay the fees, then the court will likely order the person who filed the petition (whether it be you or a facility) to pay anything that is left over.

Once you obtain your commission, the court examiner will give you a due date for your ninety-day report, which will require you to present proof that you completed the course, provide information about what you are doing as guardian, and also list the assets of the incapacitated person.

After a guardian is appointed, then the assets of the incapacitated person will be under the supervision of the court examiner and the court.  It is critical that you keep detailed records of every expense, including but not limited to bank statements, copies of checks, rent stubs, and receipts.  Every May, you will have to submit an annual accounting, which includes records of every deposit, and every debit, made on behalf of the incapacitated person.  You will have to send the accounting to the court examiner with copies of bank statements, checks, and receipts for any significant purchases.  Additionally, you will have to file it with the court.  Whenever you want to make a significant expense for the incapacitated person, you will need to submit an application to the court examiner, who will recommend to the judge whether or not to approve it.  Those expenses will need to be approved by the judge.

Being a guardian is not easy, and it can be tedious.  However, always remember that you are making a huge difference in your ward’s life, by protecting his or her ability to thrive in spite of disability!

Joseph H. Nivin, Esq. is the owner of The Law Offices of Joseph H. Nivin, P.C. a firm with locations in Forest Hills, Queens, and midtown Manhattan.  The firm handles family and matrimonial law cases, Article 81 guardianships, immigration, foreclosure defense, landlord-tenant law, and bankruptcy proceedings.  You can find more information at www.nivinlaw.com.

Apply for your Guardianship Bond by clicking the link below or call us at 800-921-1008 to speak to a representative today.

Crime Coverage, Surety Bonds, Uncategorized

Moving Companies: insured, bonded, and licensed?

While searching for a moving company, it is crucial to find a reputable and reliable group of professionals. And in that search, it is not always easy to recognize what the right choice is. Myriad business owners will make the claim of legitimacy and expertise, but how does one separate true quality from all of the fakes? Plenty of moving companies will claim to be insured, bonded, and licensed. But does this oft-repeated phrase actually mean something? We’ll delve into that right here. 

Licensing

What does a “licensed” moving company actually entail? When you want to find a reputable company to handle your move, you want one that has the legal right to conduct business in your local area. In other words – a moving company with the appropriate business license. With that in mind, a truly legal moving company will have a license number to display. 

Take a look at the company’s business cards, trucks, advertising, and website. If there is no license number on display, that might mean the company does not actually have one. Also, if you know their license number, you can search for the company online and see if there are any outstanding complaints made by consumers against them; as you’ll see later on, this is important. 

Bonding

One of the most important aspects of a reputable moving business is whether it is bonded. Considering that, you should avoid any kind of moving business that operates without a moving and storage bond. Most often, this is a type of surety bond that will ensure there is no possibility of theft by the movers who will be handling your office space or home relocation. 

If a moving company is bonded, that means they’ve set aside funds with a bonding company like BF Bond in case there is ever a situation where a customer makes a claim against them. This is a good way of recognizing a legitimate business, seeing as the money in question isn’t controlled by the business itself, but by an external and entirely separate bonding company. 

Number of Complaints

As we can surmise from above, bonding and licensing are definitely traits you should look for in a legal and legitimate moving business. But these legalities aside, it is also important to examine the experiences other customers have had with the company’s services. Using the license number of the company, try to see if there are complaints against them at the FMCSA. 

This is particularly true for interstate relocations; the FMCSA website has a search engine that leads to specific moving-related complaints. You can see the entire history of FMCSA complaints against a company – hopefully, there won’t be any. 

Barring this, seeing what you can find on the Better Business Bureau website is also not a bad idea. This website contains information on both interstate and intrastate movers. And the BBB is definitely an impartial judge, as they are a non-profit entity looking to showcase trustworthy companies for all consumers to see. If the moving company you are thinking of hiring has a BBB accreditation, that is definitely a good sign. 

Moving Reviews

In the process of picking a moving company you can trust, it’s not all about looking at officially filed complaints. A large majority of people won’t go to the trouble of registering their grievances officially. More often than not, they will simply leave an angry review online. With that in mind, you should search the Internet for more customer experiences. For obvious reasons, the reviews section on the company’s website isn’t a good starting place; the moving company is not likely to post any bad reviews of their work.

Instead, look at websites like Yelp or other review aggregates, that are more likely to contain legitimately written reviews and the objective truth. However, even these places may contain some paid-for positive reviews; be on the lookout for fakes when you try to recognize bonded moving companies.

Apart from the digital world of reviews, there is still something to be said for word of mouth. Feel free to ask your family, friends, and neighbors for their experiences, opinions, and recommendations. 

The Moving Estimate

Before you enlist the services of a moving company, you should know that the way it performs an estimate of your household is a great indicator of their professionalism. Before providing you with a quote, every respectable moving company will make an in-person visit and inspection, or at least request a video survey. 

If a company simply offers you a quote right away, through the Internet or over the phone, this is definitely a red flag for a moving scam. A bonded moving company has “skin in the game” via the funds they’ve invested in their bonding, meaning they won’t risk working purely based on your own assessment of the household goods. This is a good rule of thumb – any moving company giving you quotes without their own first-hand account is not to be trusted. 

Also, once the inspection is completed – your movers should provide you with an estimate (along with potential additional charges) in writing. That leaves no room for unwelcome surprises down the line. 

Professionalism

All of the factors we have mentioned until now are important – but they are also technicalities. When hiring a moving company, consumers should also resort to their common sense. After all, there are telltale signs that separate a legitimate, bonded moving company from a malicious or untrustworthy one. For instance, do they have their own business email address and an actual office? Do they belong to a renowned van line? Do their movers have uniforms, and do they use professional moving trucks? Does the estimate seem to be too affordable to be real? Your own gut feeling is important when you’re about to do business with someone as well. 

Uncategorized

Maryland General Contractors: Senate Bill 853 Means More Liability

Come October 1st 2018, a general contractor will become jointly and severally liable for subcontractors’ failure to pay employees!

 

With this new law now in place, general contractors’ policies towards their subcontractors and their requirement for subcontractors’ surety bond status may change significantly. Wage claims in Maryland can be made for as much as three years after an incident. As a result, general contractors are sure to demand that subcontractors obtain and maintain bonds for at least three years after performing work on a project.

 

What’s more, since a court may award claimants with as much as three times the wages owed, subcontractors will likely be required to obtain bonds in amounts that will be able to cover high claim amounts.

 

Call us at 800.921.1008 or visit BFBond.com to get bonded quickly at great rates! 

Uncategorized

Secondhand dealers can now apply for a bond online at BFBond.com

Bernard Fleischer & Sons / BFBond.com now offers the bond required by the NYC Consumer Affairs Department for Secondhand dealers in an EZ online application with no credit checks. Apply > Pay > Receive Bond via email. Apply here www.bfbond.com/bfapps/NYSHD/NYSecondHandDealer.php

 

A Secondhand Dealer General license is required to buy or sell secondhand articles in New York City. Buying and selling automobiles or firearms requires separate licenses.

Used clothing stores, garage sales, used boat dealers, and not-for-profit organizations are exempt from the Secondhand Dealer General license requirement. Not-for-profit organizations must keep proof of being registered as a nonprofit and must maintain books and records on their premises.

 

Bernard Fleischer & Sons / BFBond.com is a nationwide surety bond broker offering simple, fast solutions for all types of surety bonding in the United states. We offer competitive pricing with multiple carriers as well as world class support. For free information on your surety bonding needs, call Jose at 800-921-1008 or visit us at www.bfbond.com to receive a free quote.

Bonds FYI, Crime Coverage, Fidelity Bonds, Surety Bonds, Uncategorized

Workplace Crime costs $50 Billion a year, protect your business with Fidelity Bonds.

There is a hidden risk facing small businesses across the country that often goes unnoticed until it suddenly rips through a firm’s finances: employee theft. It’s a crime that is costing U.S. businesses $50 billion annually, with 7% of annual revenues lost to theft or fraud according to Statistic Brain.

Studies found that U.S. businesses affected by employee theft lost an average of $1.13 million in 2016. Small and midsize businesses were hit disproportionately, representing 68 percent of the cases. Their median loss in 2016 was $289,864.

Despite the alarming levels of embezzlement taking place, it isn’t top of mind for many small-business owners.

When one hears the word “Bonds” it brings to mind an investment. But there are other types of bonds that have nothing to do with investing; they relate to business operations and function similarly to insurance.

Surety Bonds are like insurance. They back up a promise to do something; if the promise is breached, the bond pays off to complete the promise.

One common Surety Bond type is a Fidelity Bond (or Crime Bond). Fidelity bonds provide insurance against loss from employee misconduct, such as theft or embezzlement, which is not otherwise covered by a company’s regular insurance coverage. A bond can provide blanket coverage for the actions of all employees or can be tailored to cover one or more specific employees.

When safeguards like thorough employee screening and careful supervision aren’t enough, fidelity bond coverage to protect against employee theft is recommended. If one or more of your employees are entrusted to handle cash or other valuable assets, a Fidelity Bond can protect your business.

Coverage can include:

  • Employee theft – Stealing merchandise.
  • Forgery or Alteration – Checks, gift cards etc.
  • Theft of Money and Securities –  Registers etc.
  • Robbery of safe, burglary of other property, stones, bullion, etc.
  • Computer fraud, funds transfer, diverting funds to personal accounts.
  • Money orders and counterfeit money.
  • Theft from third parties, on loan, deliveries, on customer’s premises.

 

The cost of Fidelity Bonds: There is no fixed rate for bonds. There are many factors that impact cost, such as the extent of coverage, whether there is a deductible (if allowed), and the surety company that issues the bond. As a rule of thumb, a fidelity bond can cost about ½% to 1% of the coverage obtained.

Surety and fidelity bonds are a risk management tool, it is helpful to discuss your business requirements with an experienced, trusted agent like BFBond/Bernard Fleischer & Sons Inc. We can advise you what coverage is best for your business when traditional insurance doesn’t provide the protection you want or require.

Uncategorized

Reasons why you may require a Georgia Title Bond.

You must prove ownership to register a vehicle or you can buy a Title Surety Bond, which guarantees you are the rightful owner.

4 common flaws fixed by the Bond.

You bought a vehicle and:

  1. Only received a bill of sale.
  2. The title is flawed, missing signatures.
  3. It is an out of state vehicle, and the title still shows a lien.
  4. The title was lost before transferring it into your name.

An easy low cost fix can be found starting at $100.00

Step 1: Visit www.bfbond.com/georgia-title-bond and enter the vehicle type and bond amount

Step 2: Provide vehicle information (Year, Make, VIN#)

Step 3: Pay for the bond, most bonds are priced at $100 (for example a $5000 bond costs $100)

That’s it! A bond will instantly be emailed for you to print out. With the bond and all documents in hand you will be able to get a new bonded title issued in your name!

Live chat with us at www.bfbond.com or call 800.921.1881 with any questions you may have regarding a bond, We are happy to help.

Uncategorized

Successfully Bid on Commercial Construction Projects with Surety Bonds.

Many new contractors who are interested in the construction industry ask how to bid construction jobs. There is no set way to bid on construction projects, but coming up with the most accurate cost estimate and developing the lowest bid is a tried-and-true method.

Construction bidding is the process in which a general contractor is selected to work on a construction project.

In some cases, the only thing that matters in the construction bidding process is presenting the lowest price to the owner; in other cases, the contractor’s qualifications are as important—if not more important—than having the lowest dollar amount.

One of the most lucrative long-term opportunities for construction companies is winning construction bid projects. As a construction company small or large, you most likely already know obtaining business through contract bidding can be a great source of income. It is also a way of securing long-term work and steady cash-flow for years.

Virtually all of the public construction work in America is accomplished by private sector firms. This work generally is awarded to the lowest responsive bidder through the open competitive sealed bid system. Surety bonds play a critical role in making the system work.

There are also several internet search sites for current and upcoming construction bids in most states, at Bernard Fleischer and Sons/BFBond.com we are a licensed bond provider in all 50 states.

BFbond.com has an easy application that can be filled out online, which will give the necessary information for the underwriter to know who you are and where you are coming from. It is impossible to give too much information regarding a contractor. Everything the contractor does can be submitted to the company. His ability as an estimator can be determined by the listing of bids submitted in the application. Newspaper accounts of work, etc. and photos are always helpful.

 

 

THAT’S IT! Easy as 1, 2, 3, our streamlined process will get you on the fast track to obtaining a bid & performance bond.

For more information about Bid & Performance Bonds visit us at www.bfbond.com, or call us at 1.800.921.1008

Uncategorized

Car Wash – Wage Payment Bond Requirements as of 2017, Visit BFBond.com

The New York City Car Wash Wage Payment Bond

is a new requirement for the New York City DCA due to the Car Wash Accountability Act, The law enacting this bond was passed in 2015 but enforcement will begin this renewal term. The license renews 10/31 of odd years.

About: The Act requires operators to obtain a license from the City that must be renewed periodically. Applicants for a license must prove that they have the appropriate liability insurance, workers’ compensation, and disability insurance coverage. The fee for a license would be $550 biennially. The Act would also require car wash operators, as a condition for obtaining a license, to obtain a surety bond of $150,000. If the car wash is subject to a collective bargaining agreement the amount of the bond required is only $30,000. Depending on an owner’s credit score, the premium for such a bond will cost between $1,500 and $15,000 a year. We have the bonding company with the best rates.

How it works: the purpose is to ensure that car wash operators pay all earned wages, interest on wages, and fringe benefits due to their employees. If the principal fails to pay all sums appropriately, then the Bonding Company will pay and go after the principals to recover any funds they have paid out. The bond protects employees from financial loss.

Let Bernard Fleischer & Sons Inc. / BFBond.com help you meet these requirements as efficiently as possible with our new online application to expedite the bonding process. Visit us at www.bfbond.com to learn more, Apply Here or contact our bond underwriter Jose Ward at 1.800.921.1008 ext. 110

License and Permits Bonds, New Car Dealer Bond, News, Uncategorized, Used car Dealer Bond

New Jersey Motor Vehicle Dealer bonds EZ Application.

Don’t get caught with a bond expiration! Buy your bond now with our new quick, safe and efficient online application.  New Jersey Motor Vehicle Dealer bonds are coming up for renewal on 4/1/2017, Bernard Fleischer and Sons Inc./BFBond.com is a trusted provider of these bonds with very competitive rates and underwriting! Contact us today to apply or renew your bond with us. Want to learn more about Motor Vehicle Dealer Bonds? visit our blog for an informative F.A.Q. here, visit our website at www.BFBond.com, call us at 800.921.1008 or fill out our EZ application.