Terence E Smolev

January 25, 2010 | New York Law Journal

Terence E. Smolev, a partner at Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, and Mary E. Mongioi, counsel to the firm, write that the recent decision in Matter of John D., where the court appointed a monitor of assets for a competent individual based on the court's concern that the individual might suffer a relapse of his hypomania, is clearly not in keeping with the legislative intent of Article 81 of the Mental Hygiene Law, and is the first step onto the slippery slope of invasion of the personal property rights of an Alleged Incapacitated Person wrought solely in an attempt to assist in the enforcement of a distributive award granted to an ex-spouse.

By Terence E. Smolev and Mary E. Mongioi

9 minute read

September 02, 2008 | New York Law Journal

Terence E. Smolev, a partner at Forchelli, Curto, Crowe, Deegan, Schwartz, Mineo & Cohn, and Mary E. Mongioi, counsel to the firm, write that two decisions by the Court of Appeals this past term bring to the forefront the juxtaposition of long-standing principles of law in two practice areas that many consider unrelated but which both deal with the relationships between parents and children. This overlap, they find, creates issues of which both matrimonial and estate attorneys should take note.

By Terence E. Smolev and Mary E. Mongioi

13 minute read

January 26, 2009 | New York Law Journal

Terence E. Smolev, a partner at Forchelli, Curto, Crowe, Deegan, Schwartz, Mineo & Cohn, and Stephanie M. Alberts, an associate with the firm, write that with longer life expectancies comes the need for financial resources to cover the ever-increasing medical costs and costs associated with assisted living/nursing facilities. Guardians of golden-agers and the court system have been faced with many new issues involving allocating the resources of the elderly in a way that fulfills their wishes and yet preserves the maximum amount of assets possible to provide for these later-in-life needs, as a recent Nassau County Supreme Court illustrates.

By Terence E. Smolev and Stephanie M. Alberts

10 minute read

September 20, 2010 | New York Law Journal

Terence E. Smolev and Mary E. Mongioi of Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana discuss estates containing rare items of sentimental and fiscal worth, and advise estates practitioners to make clients aware of the potential pitfalls and claims that may lie ahead of them when something thought long forgotten becomes a clear and present issue.

By Terence E. Smolev and Mary E. Mongioi

14 minute read