The Marlboro divorce lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP provide compassionate yet strong and effective representation in New York divorce matters in Kingston, Marlboro and throughout Ulster County and the Hudson Valley. Our lawyers provide advice and assistance in both uncontested and contested divorces, including all fault and no-fault grounds.
Child Support
Daniel Martuscello offers more than 30 years of legal experience. Our firm employs only as much force as necessary — through mediation, negotiation, or family court litigation — to achieve the desired outcome. We are aggressive when the other side is not open to working things out. To make certain that our clients are treated fairly in a divorce, we often use experts to value businesses, real estate and retirement investments. In property settlements, custody disputes or child support modifications, we may use economists to determine the other party’s true income and assets.
Child Custody and Visitation
The law firm of Rusk, Wadlin, Heppner & Martuscello, LLP provides strong legal advocacy in divorce, child custody, child support, and related issues. Arrange your consultation today at our Kingston or Marlboro offices to discuss your legal options.
Adoption
Paternity
If you are going through a divorce or family law crisis, meeting these challenges is often difficult to deal with emotionally. Our attorneys are sympathetic to your needs while ensuring you get the right advice and representation to make sure your needs and your family’s needs are met now and for the long-term. We look out for your interests in all issues in a divorce, including child custody, child support, spousal support and the division of marital property. Our comprehensive family law practice includes seeking or challenging post-divorce modifications of court orders, and representation in paternity proceedings.
Premarital Agreement
Family Law & Divorce – Family law legal matters establish and alter your most intimate relationships and affect them for years to come. We look out for what’s right for you and your kids now and into the future with practical, effective agreements that can be easily followed by all parties or enforceable by the courts when they aren’t. We make sure you are well-represented in your New York divorce in all the most important areas, including child custody, child support, alimony and property division. We’re here for post-divorce modification proceedings as well, along with a range of other family law matters, including adoption, paternity and prenuptial agreements. Call our family law attorneys for sound advice and effective representation in your Hudson Valley divorce or family law matter.
Guardianship
In a will, you can also appoint a guardian for your minor children if necessary. By deciding this important matter in your will, you can take the time to think about it and make the best choice, and make sure that person is comfortable serving as a guardian. Without a will, the Surrogate’s Court would have to hold a proceeding to impose a guardianship, and the selection may not be someone you would have wanted to care for your children.
Spousal Support
A divorce is considered contested whenever one of the spouses does not want a divorce, there is disagreement over the grounds for divorce, or the spouses do not agree on the property division or other divorce-related matters, such as the payment of spousal support or the arrangement for sharing custody and parenting of the children. Contested matters are decided by a judge following a hearing in court, and you definitely want to be represented by a qualified, experienced New York divorce lawyer throughout this process to protect your rights and help ensure a satisfactory outcome in the best interests of you and your children.
The pain of losing a loved one is immense and is even harder to cope with when this loss occurs unexpectedly due to negligent or reckless acts by another person. Rather than adding concerns about how you as a surviving family member will recover the costs of end-of-life care and funeral expenses, seek out the assistance of a knowledgeable wrongful death attorney for help receiving the money your family deserves. Read on to learn if your claims may be compensable via a wrongful death lawsuit filed against the company or individual responsible for your loved one’s death.
Traffic Violations
I was hit in an intersection when another driver ran a stop sign. I was driving over the speed limit at the time. Does that mean I can’t recover compensation from the negligent driver because I was speeding?
Fraud
Our Kingston law firm helps with more than just personal injury cases. With a dozen attorneys excelling in a number of fields, we are able to meet your needs across many different areas of legal practice. Our Kingston estate planning attorneys draft the right combination of wills, trusts and advance directives to meet all your elder law needs for financial stability, health care and asset protection. We provide estate administration services in probate and surrogate court to give effect to the terms of a will or represent parties in guardianships. We have family law attorneys who can draft prenuptial agreements or represent you in divorce, and handle family law litigation from paternity to parental alienation. Our lawyers have expertise in a variety of niche family law areas, including divorce mediation, fathers’ rights, high-asset divorce, and LGBT family law matters. We also help individuals and businesses in real estate purchase, sale and closings, quiet title suits and foreclosures, and handle a full range of commercial litigation, including breach of contract lawsuits, business torts, consumer fraud, construction delays and more. Finally, we have experienced and dedicated bankruptcy attorneys who help struggling consumers find effective debt relief with Chapter 7 or Chapter 13 bankruptcy while fighting unfair debt collection and creditor harassment.
Commercial Litigation & Real Estate – Our business lawyers provide smart, strong and effective advice and representation to help your business start, grow and thrive, even in the face of serious commercial disputes. Our commercial litigation practice handles breach of contract suits; allegations of fraud, unfair practices and other business torts; and matters involving corporate governance such as shareholder disputes. Our real estate attorneys represent buyers and sellers in residential and commercial property purchase and sale to ensure a smooth and successful transaction, or to represent you in court when real estate matters do not proceed as they should.
Business Disputes
As one of the most established law firms in the Hudson Valley, the attorneys at Rusk, Wadlin, Heppner & Martuscello have built a strong reputation of protecting the rights and interests of business owners in commercial litigation. Business disputes are inevitable, and for those which require formal legal intervention to resolve, our firm provides practical, strategic advice and effective representation in the resolution of contract disputes, business torts, corporate matters and other business or commercial disputes.
Business Transactions
In the are of Real Estate, Dan has handled both residential and commercial transactions for individuals purchasing and selling homes, business ventures including but not limited to forming different business entities for the purchase and sale of real estate or leasing of properties as well as the sale, merger and acquisitions of businesses.
Some examples of breach of contract include failing to properly complete a job, substituting inferior goods, completing a job behind schedule without justification, and failing to honor a non-compete agreement or other type of employment contract.
Employment Litigation
The business trial lawyers at Rusk, Wadlin, Heppner & Martuscello, LLP provide sound legal advice and professional representation in the resolution of any business or commercial dispute, including breach of contract, business torts, corporate officer and shareholder disputes, employment disputes, and more. We take the time to sit down with you and devise a litigation strategy that meets your goals within your budget and satisfies your short-term and long-range objectives. We represent clients in negotiation, mediation, arbitration and courtroom litigation as necessary to ensure their rights and best interests are protected.
Real estate matters can be particularly complex. However, the advice and assistance of an experienced real estate lawyer with local knowledge can greatly streamline transactions, maximize value, and minimize potential liabilities. Rusk, Wadlin, Heppner & Martuscello, LLP has been representing clients in the Hudson Valley since 1870, giving us unique insight into the region’s real estate market. We’re qualified to handle...
Premises Liability
If you suffered a serious slip and fall because of the property owner’s neglect, or a family member was injured because of inadequate security or supervision, a premises liability lawyer at the law firm of Rusk, Wadlin, Heppner & Martuscello, LLP will aggressively pursue your claim for damages.
Construction Litigation
Real Estate Transactions
Jason joined Rusk, Wadlin, Heppner & Martuscello, LLP in 2004 as an associate. A native of Kingston, Jason attended Harpur College at SUNY Binghamton. While at SUNY Binghamton, he was the President of the Senior Class, a member of the Harpur College Council, and worked for two years as a student assistant to State Sen. Thomas W. Libous. After graduation, Jason attended Syracuse University College of Law, where he was an editor on the Syracuse Journal of International Law and Commerce and The Digest. Jason then clerked for the Hon. Linda Wallach Miller in the Pennsylvania Court of Common Pleas before he returned to the Hudson Valley, where his professional focus includes wills, estates, and trusts, real estate transactions, bankruptcy, and commercial law. He currently serves as the Ulster Town Attorney. Jason lives in the Town of Ulster.
Land Use and Zoning
Every piece of property is unique, and parties to real estate transactions invest significant time, money and effort into making the right deal with the right portion of real estate. Unfortunately, real estate matters are complex, and one misstep along the way can derail the project and send the parties back to square one. Our comprehensive real estate law practice provides advice and representation at every phase of the residential or commercial property transaction, from title searches and surveys to closings. We assist buyers, sellers, investors, lenders and developers in the full range of real estate legal matters, including land use and zoning, mortgages and foreclosures, landlord-tenant matters and more.
Landlord-Tenant Disputes
Property Damage
The car accident injury legal team at Rusk, Wadlin, Heppner & Martuscello, LLP, is ready to help you pursue your claims for damages after a Kingston traffic accident. We strive to be responsive, communicating with clients about developments in their case and helping clients with their medical bills, property damage and all aspects of the automobile accident. Our number one priority is securing the compensation that our clients deserve after a serious car accident.
A distracted driver fails to look up from his or her phone in time to avoid a rear-end collision. A store manager lets a hazardous spill stay on the floor until a customer slips and falls. A surgical team fails to account for all the instruments used in an operation, leaving clamps and sponges sewn up inside a patient. Failures like these cause serious, painful injuries that involve tremendous expenses and may cause a lifetime or pain, discomfort, loss of quality of life, or permanent disability. Since 1870, the Kingston personal injury attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP have been helping people injured by the negligence of others recover a full and fair amount of compensation to help them deal with their injuries and the challenges they must now endure.
Medical Malpractice
Medical malpractice results in nearly 100,000 deaths and 1 million or more injuries in the United States each year, according to the Institute of Medicine of the National Academies. If you were seriously harmed or a family member died as a result of errors by a physician or hospital, Rusk, Wadlin, Heppner & Martuscello, LLP of Kingston, New York will evaluate your potential lawsuit at no charge. Our medical malpractice lawyer represent clients in Ulster, Dutchess, Orange, Greene, and surrounding counties of New York, taking cases from Albany to Long Island. They have secured numerous verdicts and settlements on behalf of victims of negligence in hospitals, nursing homes, and outpatient clinics.
Auto Accidents
Medicaid Planning
Americans for the most part are living longer and healthier lives that at any time in history anywhere in the world, but the prospect of needing long-term care in a hospital, nursing home or assisted living facility at some point still remains a very distinct possibility. Unfortunately, financing the cost of long-term care is beyond the reach of many who watch their life savings vanish in an attempt to care for themselves or their loved one. With proper Medicare and Medicaid planning, our attorneys can help you leverage valuable public resources while protecting your assets and without going broke.
Our estate planning and elder law attorneys can help you address and resolve questions regarding any of the following...
Wills
For advice and representation in matters before the Surrogate Courts in the Mid-Hudson Valley, including probate and estate administration, contact the New York wills and estates attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP, in Kingston at 845-331-4100, or in Marlboro at 845-236-4411.
Trusts
When you leave behind a gift for your loved ones, you want them to be able to enjoy that gift quickly, with minimal expense or delay. Living Trusts are an excellent way to ensure that your family will receive the assets you’ve provided for them quickly without the need to go through the process of probate. Speak with an experienced New York living trust lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP about whether a revocable living trust could be a good solution for your own estate.
Power of Attorney
Two of the primary means for planning for incapacity are creating a trust and/or naming a power of attorney. With a trustee or power of attorney who can manage your affairs when you are unable to, you can be confident that your chosen representative will oversee your care and make decisions based on your values and wishes.
At Rusk, Wadlin, Heppner & Martuscello, LLP, we help individuals and families find relief from debt by using protections afforded under bankruptcy law, and with offices in Kingston and Marlboro, we’re able to represent clients throughout the Hudson Valley.
Foreclosure
Dan is also the firm’s lead attorney as general counsel to Rondout Savings Bank, and represents Rondout Savings Bank, Sawyer Savings Bank and Wallkill Valley Federal Savings and Loan Association in residential and commercial mortgages, foreclosures and general litigation. Dan represents buyers, sellers, lenders, developers and builders in all types of residential and commercial real estate transactions, ranging from the basic transaction to complex development projects.
Tax Law
Pamela (Rusk) guided my sister and I through the proceedings, with smooth and capable demonstrations of skill.There was a comprehensive feel to the RWH&M process, and a seamlessness, when it came to working with the courts, tax issues, banks, and investment firms. We didn’t have to understand each event and requirements, but explanations were forthcoming, and patient council was a constant. Events played out in a metered and logical way, and were completed as predicted.
Debt Collection
Times are tough, and millions of Americans are struggling to pay their bills every month, or to keep up with their mortgage payments. For those who find themselves falling farther and farther behind with no ability to catch up, the nation’s bankruptcy laws offer a way out. We help people to stay in their home and keep their most important possessions, while making a fresh start or getting the breathing room they need to get back on their feet. We help consumers with Chapter 7 and Chapter 13 bankruptcy filings, and move quickly to put a stop to unfair debt collection or creditor harassment.