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		<title>How Does a Divorce Affect an Estate Plan?</title>
		<link>https://www.abelajlaw.com/estate-planning/divorce-affect-estate-plan-new-york/</link>
		
		<dc:creator><![CDATA[Austin Aimone]]></dc:creator>
		<pubDate>Fri, 09 Oct 2026 16:13:55 +0000</pubDate>
				<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<guid isPermaLink="false">https://www.abelajlaw.com/?p=3831</guid>

					<description><![CDATA[A divorce changes an estate plan in two stages, and the first stage carries more risk. From the day a case is filed in the New York Supreme Court until a judge signs the final judgment, you are still legally married.]]></description>
										<content:encoded><![CDATA[<p>A divorce changes an estate plan in two stages, and the first stage carries more risk. From the day a case is filed in the New York Supreme Court until a judge signs the final judgment, you are still legally married. Your spouse may still inherit from you and may still be the person a hospital calls.</p>
<p>Abelaj Law, PC, prepares <a href="https://www.abelajlaw.com/estate-planning/">estate planning</a> documents for both stages, and our NYC estate planning lawyer for divorcees usually begins with the papers you can change right now.</p>
<h2>Why Is a Pending Divorce the Riskiest Time for Your Estate Plan?</h2>
<p>A contested divorce in New York can last many months, and some run for years. If you die or become unable to make decisions during that stretch, the law treats your spouse like any other husband or wife. Living apart does not change that.</p>
<p>New York also gives a surviving spouse a right called the elective share. It lets your spouse claim $50,000 or one-third of your estate, whichever is greater, or the entire estate if it is worth less than $50,000. This is the case even if your will leaves everything to your children. The claim generally ends only with a prenuptial agreement, a signed waiver, or a final divorce.</p>
<h2>What Should You Update Before and After a New York Divorce?</h2>
<p>The right steps depend on where your case stands. If you are thinking about filing or your case is open, start with these:</p>
<ul>
<li>Sign a new health care proxy</li>
<li>Sign a new power of attorney</li>
<li>Sign an interim will that limits your spouse to the elective share</li>
</ul>
<p>If your current proxy names your spouse, or you have no proxy, your spouse will likely make your medical decisions if you cannot. If your current power of attorney names your spouse, they keep control of your finances too.</p>
<p>Once the judge signs the divorce judgment, a second round of updates comes due:</p>
<ul>
<li>Rewrite your will and trusts to remove your former spouse</li>
<li>File new beneficiary forms for your 401(k), IRAs, and life insurance</li>
<li>Name a guardian for your minor children, and a guardian or trustee for their property, in your new will</li>
</ul>
<p>Banks and plan administrators usually pay whoever&#8217;s name is on the form. Send them new forms even if you think the law has already fixed the problem.</p>
<h2>Who Manages a Minor Child&#8217;s Inheritance After a Divorce in New York?</h2>
<p>Naming your children as beneficiaries does not keep your former spouse away from the money. A child under 18 cannot manage an inheritance, so the Surrogate&#8217;s Court appoints a guardian for the property. The surviving parent is often the person the court picks.</p>
<p>A trust, sometimes called a bloodline trust, allows you to make that choice yourself. You name a trustee, such as a sibling, a close friend, or a bank, to manage the money for your child&#8217;s health, schooling, and support.</p>
<p>You can release it in stages, part at 25 and the rest at 30, so nothing arrives in one lump at 18. Trust assets are also easier to keep separate if your grown child later divorces. Our attorney can add these terms to your will or a living trust.</p>
<h2>What Happens to a Manhattan Condo or Brooklyn Brownstone You Own Together?</h2>
<p>Most married couples in New York own their home as tenants by the entirety. The survivor takes the whole property when one spouse dies, no matter what either will says. If you die before the divorce is final, your spouse gets the entire condo or brownstone.</p>
<p>Neither spouse can undo that form of ownership alone. With both signatures on a new deed, the two of you can become tenants in common, which lets each person leave a half-share by will. Our divorce estate planning attorney works with the lawyer handling your divorce, so a change like that fits the settlement and the court&#8217;s orders.</p>
<h2>Changing a Will During a Pending Divorce in NY</h2>
<p>Many people believe they cannot change any paperwork once a divorce is filed. That is only partly true. The filing triggers automatic orders under <a href="https://www.nysenate.gov/legislation/laws/DOM/236" target="_blank" rel="noopener">New York Domestic Relations Law § 236</a>. Without a court order or a written agreement, those orders stop you from:</p>
<ul>
<li>Selling or giving away property</li>
<li>Pulling money out of retirement accounts</li>
<li>Dropping your spouse from health insurance</li>
</ul>
<p>The same orders bar you from switching the beneficiary on an existing life insurance policy. They say nothing about wills, health care proxies, or powers of attorney. That means changing a power of attorney while a divorce is pending in New York is usually allowed, and so is signing a new will.</p>
<h2>Does a Divorce Decree Automatically Change Beneficiaries in NY?</h2>
<p>Partly, and only once the divorce is final. Under <a href="https://www.nysenate.gov/legislation/laws/EPT/5-1.4" target="_blank" rel="noopener">New York Estates, Powers and Trusts Law § 5-1.4</a>, a final divorce cancels most gifts and roles you gave your former spouse, including wills, revocable trusts, life insurance and retirement beneficiary forms, and appointments as executor or agent.</p>
<p>The rule has gaps. It does nothing while your case is pending, and federal law can override it for workplace retirement plans. Surrogate&#8217;s Courts in Manhattan, Brooklyn, and Queens carry heavy caseloads, so a fight over an outdated will can keep money tied up for a long time.</p>
<h2>What Happens to a Joint Revocable Trust After a New York Divorce?</h2>
<p>A joint trust holds property from both of you, so the automatic cut-off for a former spouse does not finish the job. The trust usually has to be divided and closed, or rewritten, as part of the settlement.</p>
<h2>Remarriage After a New York Divorce and Your Estate Plan</h2>
<p>Marriage does not cancel an existing will in New York, but a new spouse gains inheritance rights the day you marry. Before the wedding, ask our attorney to review:</p>
<ul>
<li>A prenuptial agreement that waives the elective share</li>
<li>Gifts set aside for children from your first marriage</li>
<li>Beneficiary forms that still name old choices</li>
</ul>
<p>Remarrying your former spouse works differently. It generally brings back the will and beneficiary terms that your divorce canceled.</p>
<h2>Update Your Estate Plan Before Your New York Divorce Is Final</h2>
<p>Abelaj Law is a boutique firm in New York City, and our experienced NYC estate planning lawyer for divorcees can tell you which papers to change first and which changes must wait for the final judgment. Request <a href="https://www.abelajlaw.com/contact/">more information or a consultation online</a> before your next court date.</p>
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		<title>Can My Charity Give Scholarships to Individuals?</title>
		<link>https://www.abelajlaw.com/non-profits/charity-scholarships-to-individuals/</link>
		
		<dc:creator><![CDATA[Austin Aimone]]></dc:creator>
		<pubDate>Tue, 29 Sep 2026 15:58:12 +0000</pubDate>
				<category><![CDATA[Non-Profits]]></category>
		<guid isPermaLink="false">https://www.abelajlaw.com/?p=3828</guid>

					<description><![CDATA[Your charity can give scholarships straight to students. The money has to serve a charitable purpose, and winners have to be picked instead of hand-chosen by insiders. ]]></description>
										<content:encoded><![CDATA[<p>Yes, your charity can give scholarships straight to students. The money has to serve a charitable purpose, and winners have to be picked instead of hand-chosen by insiders.</p>
<p>At Abelaj Law, PC, our NY nonprofit legal counsel helps New York City charities build scholarship programs that follow IRS and state rules. Those rules depend on how your organization is set up and who is allowed to apply, so our <a href="https://www.abelajlaw.com/non-profit/">nonprofit attorney</a> starts with those two questions.</p>
<h2>Can a Scholarship Be Limited to NYC Residents or One Borough?</h2>
<p>A charity may limit its pool by geography, whether the fund pays for school or helps families after a disaster. The IRS asks that the group of possible winners, called a charitable class, be large enough or open enough that nobody knows in advance who will get the money.</p>
<p>Where a student lives or goes to school is generally not a protected trait under discrimination laws. Limits like these generally pass:</p>
<ul>
<li>Residents of Brooklyn or Manhattan</li>
<li>Seniors at a named public high school</li>
<li>Students accepted to a CUNY campus</li>
<li>Families displaced by a fire or flood</li>
</ul>
<p>A fund for Bronx high school students going into science, technology, engineering, or math can pass because thousands of students fit that description. A fund set up for three teenagers chosen in advance generally would not. Picking three winners from an open pool of applicants is fine. Criteria tied to race, religion, or sex raise separate tax and civil rights questions that need legal review first.</p>
<h2>Can an NYC Company Foundation Fund Scholarships for Employees&#8217; Children?</h2>
<p>Company-funded <a href="https://www.abelajlaw.com/private-foundations/">private foundations</a> can do so, with tight limits. Picture a Midtown real estate firm whose corporate foundation wants to pay college costs only for the children of its staff. The IRS worries that awards like these are extra pay in disguise.</p>
<p>The program generally passes if awards go to no more than 25% of the eligible children who applied and were considered by the committee. A second option caps awards at 10% of all eligible children, whether they applied.</p>
<p>The company also cannot use the scholarship to recruit workers or keep them from leaving. Our scholarship program compliance lawyer can test your numbers before award letters go out.</p>
<h2>Is Your NYC Scholarship Program Compliant?</h2>
<p>Three questions show most of your risk. Our NY nonprofit legal counsel starts every scholarship review with them.</p>
<h3>Is Your Organization a Public Charity or a Private Foundation?</h3>
<p>Your IRS determination letter gives the answer. Public charities get money from many donors, while private foundations are usually funded by one family or company and face stricter rules. If you are still forming, our <a href="https://www.abelajlaw.com/nonprofit-founding/">NYC nonprofit formation attorney</a> can explain which status fits your funding.</p>
<h3>Is Your Selection Committee Independent of Your Board?</h3>
<p>Company-related programs must use a committee with no ties to the employer or the foundation. Other charities have more room, but board members, big donors, and their relatives should not be eligible to win.</p>
<h3>Can You Track Whether the Money Paid for Tuition?</h3>
<p>Paying the school directly is the simplest method. If you pay the student, ask for a tuition bill or transcript every term.</p>
<h2>IRS Rules for Charity Scholarships in New York City</h2>
<p>Private foundations carry the heaviest burden under Internal Revenue Code Section 4945(g). The foundation must award every grant on an objective and nondiscriminatory basis, and the IRS must approve its selection procedures in advance. Skipping approval triggers a penalty tax on the foundation.</p>
<p>Public charities do not need pre-approval. They still must pick winners from a real charitable class and be able to show how they chose.</p>
<h2>What Does the New York Charities Bureau Require?</h2>
<p>The Attorney General&#8217;s Charities Bureau, based in Lower Manhattan, watches over charitable money in the state. Under <a href="https://www.nysenate.gov/legislation/laws/EPT/8-1.4" target="_blank" rel="noopener">New York Estates, Powers and Trusts Law § 8-1.4</a>, most organizations holding assets for charitable purposes must register and file a financial report every year. When the numbers do not add up, the Bureau has several tools:</p>
<ul>
<li>Demanding books and records</li>
<li>Opening an investigation</li>
<li>Taking the charity to the State Supreme Court</li>
</ul>
<p>Clean scholarship files make those steps far less likely. Our NY nonprofit legal counsel can check your registration and annual filings, along with your scholarship paperwork.</p>
<h2>Step-by-Step Checklist for Awarding Scholarships in NYC</h2>
<p>A written process protects your charity and treats applicants fairly. Follow these five steps in order:</p>
<ol>
<li>Set Up a Selection Process Without Conflicts: Have decision-makers disclose any ties to applicants or major donors and step aside when they have one.</li>
<li>Define Objective Criteria: Base choices on measurable factors like financial need, grades, or community service.</li>
<li>Draft a Scholarship Agreement: State the terms, the reports you expect, and what the money may cover, such as tuition and books.</li>
<li>Obtain IRS Approval When Required: Private foundations generally request approval through Form 8940 or through Schedule H when submitting the full Form 1023 exemption application.</li>
<li>Keep Records for at Least Three Years: Save applications, selection notes, award terms, and payment records in case the Charities Bureau asks to see them. Keep board minutes and founding documents for good.</li>
</ol>
<p>Put the finished process in a board resolution. Future directors can then follow the same steps.</p>
<h2>Frequently Asked Questions About New York Charity Scholarships</h2>
<p>Once a scholarship fund starts paying awards, questions about taxes and donor control tend to follow.</p>
<h3>Is a Scholarship Taxable Income for the Student?</h3>
<p>Usually not. A degree-seeking student who spends the award on tuition, required fees, and books does not owe tax on it, but money used for housing or meals counts as taxable income.</p>
<h3>Does My Charity Have to Send Scholarship Winners a Form 1099?</h3>
<p>Generally, no. The IRS tells organizations not to report scholarship grants on Form 1099-MISC, though an award that pays a student for work, such as teaching or research, is reported as wages on a Form W-2.</p>
<h3>Can a Donor Choose Which Student Gets the Award?</h3>
<p>No. Donors may help write the criteria, but the charity must control the final choice, and a gift set aside for one named student is generally not tax-deductible.</p>
<h2>Get Your NYC Scholarship Plan Checked Before the First Award</h2>
<p>Fixing a selection process is far easier before a check goes out than after the IRS or the Charities Bureau starts asking questions. Abelaj Law will listen to your board&#8217;s goals, explain your options, and work with you on the criteria and paperwork. Call our NY nonprofit legal counsel or <a href="https://www.abelajlaw.com/contact/">request a consultation</a> before application season opens.</p>
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		<title>How Do You Set Up a Private Family Foundation?</title>
		<link>https://www.abelajlaw.com/planned-giving/how-to-set-up-private-family-foundation/</link>
		
		<dc:creator><![CDATA[Austin Aimone]]></dc:creator>
		<pubDate>Thu, 10 Sep 2026 18:19:38 +0000</pubDate>
				<category><![CDATA[Planned Giving]]></category>
		<guid isPermaLink="false">https://www.abelajlaw.com/?p=3811</guid>

					<description><![CDATA[A private family foundation can be one of the most important ways to formalize charitable giving. It can involve multiple generations in a shared philanthropic mission, and create a lasting structure for the causes your family cares about. ]]></description>
										<content:encoded><![CDATA[<p>A private family foundation can be one of the most important ways to formalize charitable giving. It can involve multiple generations in a shared philanthropic mission, and create a lasting structure for the causes your family cares about. It is also one of the more heavily regulated entities in the nonprofit sector, subject to a distinct set of excise taxes that do not apply to public charities.</p>
<p>At <a href="https://www.abelajlaw.com/about/">Abelaj Law, PC,</a> we guide donors and families in New York and New Jersey through each stage of establishing a private foundation, from the initial decision through the governance structure that will guide it for years to come.</p>
<h2>Decide Whether a Private Foundation Is the Right Vehicle</h2>
<p>Before forming a private foundation, a family should evaluate whether the structure fits its charitable goals. A private foundation offers advantages that alternatives do not, including direct control over investments and grantmaking, the ability to employ family members in certain circumstances, and a permanent, visible institution that can carry a family name across generations. A donor-advised fund, by comparison, involves less administrative burden and lower cost, but offers less control and no separate legal identity.</p>
<h2>Choose the Legal Structure and Draft Governing Documents</h2>
<p>A private foundation may be organized as a nonprofit corporation or as a charitable trust. A nonprofit corporation is typically governed by a board of directors under bylaws, offers liability protection consistent with other corporate forms, and can be more adaptable over time. A charitable trust is governed by trustees under a trust instrument and offers more limited flexibility once established, though some families prefer it for reasons tied to control or existing estate documents.</p>
<p>Whichever structure is chosen, the foundation needs formal organizational documents, a certificate of incorporation and bylaws for a corporation, or a trust agreement for a trust, addressing charitable purpose, selection of the board or trustees, decision-making procedures, and a conflict-of-interest policy governing transactions involving insiders. Because private foundations are frequently governed by family members, this policy is not a formality. It is a practical safeguard against the self-dealing issues discussed below.</p>
<h2>Apply for Tax-Exempt Status</h2>
<p>To operate as a tax-exempt organization, the foundation must apply for recognition of exemption from the Internal Revenue Service, generally by filing Form 1023. Most newly formed charitable organizations are presumed to be private foundations under <a href="https://www.law.cornell.edu/uscode/text/26/509" target="_blank" rel="noopener">Internal Revenue Code Section 509(a)</a> unless they qualify for public charity status, and an organization funded primarily by one family or a small group of related donors will typically be classified as a private foundation from the outset.</p>
<p>The application requires a detailed description of the foundation&#8217;s proposed activities, governance structure, and projected finances, and its accuracy forms the basis for the exemption granted.</p>
<h2>Fund the Foundation</h2>
<p>A private foundation can be funded during the founder&#8217;s lifetime, through a will or trust at death, or a combination of both, and funding decisions should be coordinated with the family&#8217;s <a href="https://www.abelajlaw.com/estate-planning/">estate plan</a>. Cash and publicly traded securities are the most common funding assets, though closely held business interests or other illiquid assets raise additional valuation and compliance considerations that should be reviewed before the transfer.</p>
<h2>Understand the Excise Tax Rules Under Chapter 42</h2>
<p>Private foundations are subject to a distinct set of excise taxes under Chapter 42 of the Internal Revenue Code.</p>
<ul>
<li><strong>Self-dealing. </strong><a href="https://www.irs.gov/government-entities/private-foundations-self-dealing-irc-4941d1c" target="_blank" rel="noopener">Section 4941</a> prohibits most financial transactions between the foundation and &#8220;disqualified persons,&#8221; including substantial contributors, foundation managers, and certain family members. Even a transaction that seems fair, such as a below-market lease, can be treated as prohibited self-dealing.</li>
<li><strong>Minimum distribution requirement.</strong> <a href="https://www.irs.gov/government-entities/irc-section-4942-taxes-on-failure-to-distribute-income-carryover-of-excess-distributions-or-undistributed-income" target="_blank" rel="noopener">Section 4942</a> generally requires distribution of approximately five percent of average investment assets each year, with an excise tax on any shortfall.</li>
<li><strong>Excess business holdings.</strong> <a href="https://www.irs.gov/charities-non-profits/irc-section-4943-taxes-on-excess-business-holdings" target="_blank" rel="noopener">Section 4943</a> limits the extent to which a foundation and its disqualified persons may hold interests in a business enterprise, a particular concern where a foundation is funded with closely held business interests.</li>
<li><strong>Jeopardizing investments</strong>. <a href="https://www.irs.gov/charities-non-profits/irc-section-4944c-taxes-on-investments-which-jeopardize-charitable-purpose-exception-for-program-related-investments" target="_blank" rel="noopener">Section 4944</a> imposes an excise tax on investments that jeopardize the foundation&#8217;s charitable purposes, requiring managers to exercise ordinary business care and prudence.</li>
<li><strong>Taxable expenditures.</strong> <a href="https://www.irs.gov/charities-non-profits/irc-section-4945g-individual-grants" target="_blank" rel="noopener">Section 4945</a> restricts certain expenditures, including grants to individuals or to non-public-charity organizations, unless the foundation follows procedures such as expenditure responsibility.</li>
<li><strong>Net investment income excise tax.</strong> <a href="https://www.irs.gov/charities-non-profits/private-foundations/tax-on-net-investment-income" target="_blank" rel="noopener">Section 4940</a> imposes a tax on net investment income, currently 1.39 percent for most domestic tax-exempt private foundations.</li>
</ul>
<h2>Establish Ongoing Compliance Practices</h2>
<p>A private foundation&#8217;s obligations do not end once it is formed and funded. It must file Form 990-PF annually, regardless of size, which requires detailed financial reporting and is subject to public disclosure. Ongoing attention to recordkeeping, board minutes documenting grant decisions, and consistent application of the conflict-of-interest policy all help demonstrate compliance.</p>
<h2>Frequently Asked Questions</h2>
<h3>How long does it typically take to receive tax-exempt status after filing Form 1023?</h3>
<p>Processing times vary with the complexity of the application and the Internal Revenue Service&#8217;s current workload. Straightforward applications are sometimes approved within a few months, while others take considerably longer.</p>
<h3>Can a family member be paid for working at the foundation?</h3>
<p>Yes, in certain circumstances. Reasonable compensation for services rendered is generally permitted and is not treated as self-dealing, but the amount must be reasonable and documented, and the arrangement should be reviewed against the disqualified person rules.</p>
<h3>Can a private foundation make grants to individuals rather than only to other charities?</h3>
<p>Yes, but grants to individuals for travel or study generally require the foundation to follow a specific, IRS-approved procedure. Making such grants without that procedure can result in the grants being treated as taxable expenditures.</p>
<h2>Coordinate the Foundation With the Family&#8217;s Estate Plan</h2>
<p>For many families, a private foundation is one component of a broader legacy plan that also includes wills, trusts, and lifetime gifting strategies, and coordinating the foundation&#8217;s governing documents with the estate plan helps ensure that funding commitments, succession of board or trustee roles, and the family&#8217;s charitable intent are documented consistently.</p>
<p>Because the excise tax rules leave little room for informal or after-the-fact correction, families are well served by involving experienced counsel before the foundation is formed rather than after a compliance issue arises.</p>
<p>At <a href="https://www.abelajlaw.com/about/">Abelaj Law, PC,</a> our practice is led by attorney and CPA Jennifer V. Abelaj, whose combined legal and tax background allows her to advise families on both governance structure and tax posture from day one.</p>
<p>If your family is considering establishing a private foundation, we invite you to <a href="https://www.abelajlaw.com/contact/">contact Abelaj Law, PC</a> to discuss your charitable goals and how a foundation might fit within your broader estate plan.</p>
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		<title>You Were Awarded a Grant. Now What?</title>
		<link>https://www.abelajlaw.com/non-profits/awarded-grant-now-what/</link>
		
		<dc:creator><![CDATA[Austin Aimone]]></dc:creator>
		<pubDate>Tue, 01 Sep 2026 18:00:56 +0000</pubDate>
				<category><![CDATA[Non-Profits]]></category>
		<guid isPermaLink="false">https://www.abelajlaw.com/?p=3808</guid>

					<description><![CDATA[Receiving notice that a nonprofit organization has been awarded a grant is a significant milestone, often reflecting months of preparation and a funder's confidence in the organization's mission. Yet the work of responsibly managing a grant is only beginning. ]]></description>
										<content:encoded><![CDATA[<p>Receiving notice that a nonprofit organization has been awarded a grant is a significant milestone, often reflecting months of preparation and a funder&#8217;s confidence in the organization&#8217;s mission. Yet the work of responsibly managing a grant is only beginning.</p>
<p>From the moment an award letter arrives, a nonprofit takes on legal and administrative obligations that, if handled carelessly, can create tax problems, jeopardize public charity status, or strain the relationship with the funder.</p>
<p>At <a href="https://www.abelajlaw.com/about/">Abelaj Law, PC,</a> we counsel nonprofit organizations, boards, and executives on the full lifecycle of grant funding, from evaluating award terms through satisfying the reporting obligations that follow.</p>
<h2>Read the Grant Agreement Before Accepting It</h2>
<p>Every grant comes with terms, whether stated in a formal, signed agreement or embedded in an award letter that incorporates the funder&#8217;s published guidelines. Before spending any funds, the organization should clearly understand what the grant permits, requires, and prohibits. Key provisions typically address:</p>
<ul>
<li>The specific purpose for which the funds may be used</li>
<li>Any timeline for spending the funds or completing associated activities</li>
<li>Reporting requirements, including financial reports, narrative updates, or outcome data</li>
<li>Restrictions on administrative or overhead costs</li>
<li>What happens if the funds are not used as intended, including repayment obligations</li>
</ul>
<p>Grant terms form a binding commitment, and a nonprofit that accepts an award without reading the underlying terms may unknowingly agree to conditions the organization cannot practically meet.</p>
<h2>Restricted Versus Unrestricted Funds</h2>
<p>One of the most consequential distinctions in grant management is whether an award is restricted or unrestricted. Unrestricted funds may generally be used for general operations. Restricted funds are earmarked for a specific program, project, or purpose, and using restricted funds for anything else can constitute a breach of the grant agreement and, depending on the circumstances, a breach of fiduciary duty by the board.</p>
<p>Nonprofits should track restricted funds separately from general operating funds. Under generally accepted accounting principles for nonprofit organizations, restricted and unrestricted net assets are reported separately, and an auditor or accountant will expect documentation showing that restricted funds were spent consistently with the funder&#8217;s restrictions.</p>
<h2>Board Acknowledgment and Internal Approval</h2>
<p>Depending on the size of the grant and the organization&#8217;s governance structure, the board or an authorized committee may need to formally accept the award, particularly where it carries reporting obligations, matching requirements, or multi-year conditions. Board minutes reflecting this acceptance, along with a summary of the grant&#8217;s material terms, create a documentation trail that can prove valuable if questions arise later from an auditor, the funder, or the <a href="https://www.abelajlaw.com/about/" target="_blank" rel="noopener">Internal Revenue Service</a>.</p>
<h2>Government Grants Carry Additional Obligations</h2>
<p>Grants funded, in whole or in part, by federal, state, or local government sources often bring compliance obligations beyond those found in private grants. Organizations receiving federal funds, directly or as a subrecipient, may be subject to the Uniform Guidance found at <a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1" target="_blank" rel="noopener">2 C.F.R. Part 200</a>, which addresses cost principles, procurement standards, and audit requirements, including a single audit requirement once federal expenditures exceed a specified threshold in a fiscal year.</p>
<p>Government grant agreements frequently include recordkeeping and allowable cost provisions that differ meaningfully from private foundation or corporate grant terms.</p>
<h2>Grants From Private Foundations May Involve Expenditure Responsibility</h2>
<p>When the funder is a private foundation, additional considerations can arise, particularly if the grant is not made to another public charity in the ordinary course. Private foundations are generally required to exercise expenditure responsibility over certain grants under <a href="https://www.irs.gov/charities-non-profits/irc-section-4945g-individual-grants" target="_blank" rel="noopener">Internal Revenue Code Section 4945</a>, which involves a pre-grant inquiry, a written grant agreement with specific required terms, and periodic reports from the grantee describing how the funds were used.</p>
<p>A nonprofit receiving this type of grant should expect, and be prepared to satisfy, these documentation requests, since a foundation&#8217;s failure to obtain them can expose it to excise taxes on what the Code treats as a taxable expenditure.</p>
<h2>Consider the Effect on Public Charity Status</h2>
<p>For organizations classified as public charities under Internal Revenue Code Sections 509(a)(1) and 170(b)(1)(A)(vi), maintaining that status depends in part on receiving a sufficiently broad base of public support, measured under the public support test. A single, unusually large grant can, in some circumstances, affect this calculation, particularly for smaller or newer organizations. The tax code provides certain exceptions and averaging rules across a five-year measurement period, but an organization receiving a substantial grant should still evaluate, with its accountant or counsel, whether the award affects its public support percentage.</p>
<h2>Reporting the Grant on Form 990</h2>
<p>Grants received by a tax-exempt organization must generally be reported on the organization&#8217;s annual Form 990. Even where a nonprofit is solely a grant recipient, the funds received, and often the identity of significant funders, must be reflected accurately in its public filings.</p>
<h2>Why Legal Guidance Matters After an Award</h2>
<p>A grant award is an opportunity that comes with obligations extending well past the initial celebration. Reviewing grant terms, structuring internal accounting and reporting practices, and understanding how an award interacts with the organization&#8217;s tax-exempt status all benefit from careful legal and tax analysis. At Abelaj Law, PC, we work with nonprofit boards and executives to review grant agreements, advise on compliance obligations, and coordinate with the organization&#8217;s accountants so that a grant strengthens the organization rather than creates unexpected complications. If your organization has recently been awarded a grant, or if you would like guidance before accepting one, we invite you to contact Abelaj Law, PC.</p>
<h2>Frequently Asked Questions</h2>
<h3>Can a nonprofit use grant funds for administrative overhead?</h3>
<p>It depends on the terms of the specific grant. Some funders permit a percentage of the award to be allocated toward administrative or indirect costs, while others restrict funds exclusively to direct program expenses. The grant agreement or award letter should specify what is permitted.</p>
<h3>What happens if a nonprofit cannot spend a restricted grant as originally planned?</h3>
<p>Organizations facing this situation should contact the funder before reallocating the funds. Many funders will consider a request to modify the permitted use, but using restricted funds differently without the funder&#8217;s consent can constitute a breach of the grant agreement.</p>
<h3>Do grant funds count as taxable income to the nonprofit organization?</h3>
<p>Generally, grants that further a tax-exempt organization&#8217;s exempt purpose are not treated as unrelated business taxable income. However, if a grant closely resembles payment for services rendered under a contractual arrangement, the analysis can differ, and the specific facts should be reviewed with tax counsel.</p>
<h3>Does accepting a grant require a formal contract between the funder and the nonprofit?</h3>
<p>Not always. Some grants are documented through a signed grant agreement, while others are conveyed through an award letter that incorporates the funder&#8217;s published guidelines by reference. Regardless of the format, the terms are generally binding on the recipient organization.</p>
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		<title>NYC&#8217;s New Pied-à-Terre Tax: What Families With New York City Real Estate Should Know</title>
		<link>https://www.abelajlaw.com/estate-planning/nycs-new-pied-a-terre-tax-what-families-with-new-york-city-real-estate-should-know/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Fri, 07 Aug 2026 21:04:42 +0000</pubDate>
				<category><![CDATA[Closely-Held Businesses]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Taxation]]></category>
		<category><![CDATA[Trusts]]></category>
		<guid isPermaLink="false">https://www.abelajlaw.com/?p=3804</guid>

					<description><![CDATA[If you received a letter from New York City indicating that you may be subject to the tax, legal guidance may be beneficial. An experienced estate planning lawyer can make sure all documents are in order and help individuals determine the signing method that would best fit their needs. Consider visiting with the estate planning lawyers at Abelaj Law, P.C. at 212-328-9568 to learn more about how to determine whether you may qualify for an exemption.]]></description>
										<content:encoded><![CDATA[<p>New York City has implemented a new <strong>Non-Primary Residence Surcharge</strong>, commonly known as the &#8220;pied-à-terre tax,&#8221; on certain high-value residences that are not used as a qualifying primary residence. If you own a condominium, cooperative apartment, townhouse, or other New York City property that is not your principal home, it is important to understand how the surcharge works and whether an exemption may apply.</p>
<h2>What Is a Pied-à-Terre?</h2>
<p><em>Pied-à-terre</em> is a French term meaning &#8220;foot on the ground&#8221; and is commonly used to describe a second home used periodically rather than as a primary residence. The surcharge was enacted to target high-value New York City residences that are not being used as a primary residence, regardless of who owns it.</p>
<h2>Beginning Date for Annual Tax</h2>
<p>The <a href="https://www.nyc.gov/site/finance/property/non-primary-residence-surcharge.page">Non-Primary Residence Surcharge</a> was enacted by the New York State Legislature as part of the FY 2026-2027 budget legislation and became effective beginning July 1, 2026. The law is currently scheduled to remain in effect through June 30, 2031.</p>
<p>This is an annual tax, not a one-time charge. If a property remains subject to the surcharge, the tax is imposed each year and is collected through the property tax system. The surcharge is added to the property&#8217;s statement of account and paid in the same manner as property taxes.</p>
<p>The first notices have already been mailed to owners whose properties may be subject to the surcharge.</p>
<h2>Which Properties May Be Affected?</h2>
<p>The surcharge may apply to condominium units, cooperative apartments, and one-, two-, and three-family homes.</p>
<p>For tax years 2026-2027 and 2027-2028:</p>
<ul>
<li>Condominiums and co-ops generally become subject to review if the Department of Finance market value is at least $1 million.</li>
<li>One-, two-, and three-family homes generally become subject to review if the Department of Finance market value exceeds $5 million.</li>
</ul>
<p>However, reaching those value thresholds does not automatically mean the surcharge applies. The next question is whether one of the law&#8217;s exemptions is available.</p>
<h2>How Much Is the Tax?</h2>
<p>For condominiums and cooperative apartments, the annual surcharge rates during the initial phase of the law are generally:</p>
<table>
<thead>
<tr>
<td width="338">Condos and Coops DOF Market Value</td>
<td>Annual Surcharge Rate</td>
</tr>
</thead>
<tbody>
<tr>
<td width="338">$1 million to under $3 million</td>
<td>4.0%</td>
</tr>
<tr>
<td width="338">$3 million to under $5 million</td>
<td>5.25%</td>
</tr>
<tr>
<td width="338">$5 million and above</td>
<td>6.5%</td>
</tr>
</tbody>
</table>
<p>For covered one-, two-, and three-family homes, surcharge rates generally range from approximately 0.8% to 1.3%, depending on value.</p>
<p>The applicable rate is generally applied to the Department of Finance market value assigned to the property, rather than current market sale prices. As a result, the actual impact may differ significantly from what owners expect.</p>
<h2>The Most Important Question: Does an Exemption Apply?</h2>
<p>The surcharge was designed to target certain high-value non-primary residences. As a result, the law contains several important exemptions. For many private clients, determining whether an exemption applies will be more important than calculating the tax itself.</p>
<p><strong>Exemption #1: The Property Is the Owner&#8217;s Primary Residence</strong></p>
<p>The surcharge does not apply if the property serves as the primary residence of at least one covered owner.  In practical terms, the law is aimed at second homes, not the residence where an owner actually lives full-time.</p>
<p><strong>Exemption #2: The Property Is the Primary Residence of Certain Family Members</strong></p>
<p>The law also provides an exemption if the property is the primary residence of certain immediate family members of the owner or majority owner. Eligible family members include spouse, children, parents, grandparents, grandchildren or siblings.</p>
<p>This exemption may be particularly important for families who own apartments occupied by a child attending school in New York City, an adult child beginning a career, or an aging parent who resides in the city.</p>
<p><strong>Exemption #3: The Property Is Leased to a Long-Term Tenant</strong></p>
<p>The surcharge also does not apply to certain properties rented to a New York City resident under a bona fide, arm&#8217;s-length lease with a term of at least one year. This exemption is particularly important for owners of investment properties. A condominium occupied by a qualifying long-term tenant may be exempt even though the owner lives elsewhere.</p>
<h2>What Documentation Will NYC Review?</h2>
<p>The Department of Finance has made clear that receiving a notice does not necessarily mean a property owes the surcharge. Instead, owners claiming an exemption must generally submit an application and supporting documentation on <a href="https://www.nyc.gov/site/finance/property/non-primary-residence-surcharge.page">New York City Department of Finance Non-Primary Residence Surcharge</a> website.</p>
<p><strong>For a Primary Residence Exemption</strong></p>
<p>The City may review documents such New York income tax returns, driver&#8217;s licenses or government-issued identification, voter registration records, utility bills, or other evidence establishing that the property is the owner&#8217;s primary residence.</p>
<p><strong>For a Family-Member Exemption</strong></p>
<p>Owners should be prepared to provide documentation establishing the family relationship, documents showing the family member occupies the property, and evidence that the property serves as the family member&#8217;s primary residence.</p>
<p><strong>For a Rental Exemption</strong></p>
<p>Owners may need to provide a copy of the current lease, proof of rent payments, tenant occupancy documents, utility bills, renter&#8217;s insurance, or similar supporting records. The focus is generally whether the property genuinely serves as a long-term residence for a tenant under a qualifying lease arrangement.</p>
<h2>What About Properties Owned by a Trust or Business Entity?</h2>
<p>Many of our clients own New York City residences through revocable trusts, corporations, or LLCs. The law specifically addresses trust or business ownership and provides that how title is held is irrelevant to determining if the property is subject to the tax. The city will look through the trust or business structure to determine whether the surcharge applies.</p>
<p>The analysis remains focused on who benefits from the property, who occupies it, and whether one of the statutory exemptions applies. That makes this an excellent time to review trust-owned real estate as part of your broader estate plan.</p>
<h2>What Should Owners Do Now?</h2>
<p>If you own a New York City residence that is not your primary home, you should review how the property is actually being used to determine whether one of the statutory exemptions may apply and gather supporting documentation. Owners should pay close attention to any Department of Finance correspondence to timely provide required documentation supporting your exemption request.</p>
<p>As the rules are implemented, families should review and consider their ownership and occupancy arrangements to ensure they remain consistent with both their long-term estate planning goals and the new requirements.</p>
<h2>Talk with an Experienced Estate Planning Attorney</h2>
<p>If you received a letter from New York City indicating that you may be subject to the tax, legal guidance may be beneficial. An experienced estate planning lawyer can make sure all documents are in order and help individuals determine the signing method that would best fit their needs. Consider visiting with the estate planning lawyers at Abelaj Law, P.C. at 212-328-9568 to learn more about how to determine whether you may qualify for an exemption.</p>
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		<title>Jennifer V. Abelaj, Guest on Wealthy Woman Lawyer Podcast – Episode 107, originally aired 06-29-2021</title>
		<link>https://www.abelajlaw.com/in-the-news/jennifer-v-abelaj-guest-on-wealthy-woman-lawyer-podcast-episode-107-originally-aired-06-29-2021/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Mon, 08 Jun 2026 16:20:58 +0000</pubDate>
				<category><![CDATA[In the News]]></category>
		<guid isPermaLink="false">https://clover.sevenseedlings.com/?p=1767</guid>

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				<div class="et_pb_text_inner"><h3 class="mkdf-post-title"><a href="https://www.abelajlaw.com/in-the-news/jennifer-v-abelaj-guest-on-wealthy-woman-lawyer-podcast-episode-107-originally-aired-06-29-2021/" title="Jennifer V. Abelaj, Guest on Wealthy Woman Lawyer Podcast – Episode 107, originally aired 06-29-2021">Jennifer V. Abelaj, Guest on Wealthy Woman Lawyer Podcast – Episode 107, originally aired 06-29-2021</a></h3>
<p><strong><a href="https://www.wealthywomanlawyer.com/jennifer-abelaj-protect-the-value-of-your-time/" target="_blank" rel="noreferrer noopener">Jennifer V. Abelaj, Guest on Wealthy Woman Lawyer Podcast – Episode 107, originally aired 06-29-2021</a></strong></p>
<p>I enjoyed my recent discussion with Davina Frederick, Esq., who is the host of<span> </span><a href="https://www.wealthywomanlawyer.com/" target="_blank" rel="noreferrer noopener">Wealthy Woman Lawyer podcast</a>.</p>
<p>Each week Davina has an impressive woman lawyer as a guest on her show who provides business insights on the guest’s entrepreneurial path.  I’m so happy to be included as part of this wonderful lineup of entrepre-lawyers.</p>
<p>We had a lively discussion about my path to becoming a lawyer, my personal background as a first-generation American (including how I speak several languages), my insight on how to save a bit of time (know when to hire help), and a deep dive into the kind of work I do with my amazing clients.</p>
<p>Below is a bio for the show, as well as a<span> </span><a href="https://www.wealthywomanlawyer.com/jennifer-abelaj-protect-the-value-of-your-time/" target="_blank" rel="noreferrer noopener">link to the audio</a>.  Hopefully you get to learn more about me and my client-centric approach to growing the practice.  Let me know what you think!</p>
<p>* * *</p>
<p>On this week’s Wealthy Woman Lawyer® Podcast, we speak with attorney Jennifer Abelaj. A first generation American, Jennifer’s career has a unique trajectory. She started out as a Certified Public Accountant with Ernst and Young before going to law school, and eventually starting her own firm, Jennifer V. Abelaj Law Firm in New York.</p>
<p>Today we sit down with Jennifer to learn more about her and what she’s discovered on her journey including:</p>
<ul class="wp-block-list">
<li>The #1 surprise she found when starting her solo practice (and how you can avoid it)</li>
<li>One little-known secret to getting more referrals</li>
<li>How Jennifer protects her time, and the big lesson you can learn from it</li>
<li>And much more.</li>
</ul>
<p>Listen now…</p>
<p><a href="https://www.wealthywomanlawyer.com/jennifer-abelaj-protect-the-value-of-your-time/">Jennifer Abelaj | One Simple Tactic to Protect the Value of Your Time – Wealthy Woman Lawyer</a></p></div>
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		<title>HIPAA Waivers and Estate Plans</title>
		<link>https://www.abelajlaw.com/estate-planning/hipaa-waivers-and-estate-plans/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Mon, 08 Jun 2026 16:14:18 +0000</pubDate>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Health Care Proxy]]></category>
		<guid isPermaLink="false">https://clover.sevenseedlings.com/?p=2036</guid>

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				<div class="et_pb_text_inner"><h3 class="mkdf-post-title"><a href="https://www.abelajlaw.com/estate-planning/hipaa-waivers-and-estate-plans/" title="HIPAA Waivers and Estate Plans">HIPAA Waivers and Estate Plans</a></h3>
<p>Estate planning is an important part of life, and one key element of a successful estate plan is incorporating a HIPAA waiver. HIPAA, or the<span> </span><a href="https://aspe.hhs.gov/reports/health-insurance-portability-accountability-act-1996">Health Insurance Portability and Accountability Act</a>, is a federal law that protects the privacy of health care information. A HIPAA waiver allows for the release of health information so that an individual’s health care wishes can be honored by their family and/or health care providers. Incorporating a HIPAA waiver into your estate plan can help ensure that your wishes are followed, and your health care decisions are respected. HIPAA waivers are an important piece of an overall estate plan. If you are ready to update your estate plan with a HIPAA waiver, contact the Jennifer V. Abelaj Law Firm at 212-328-9568 to go over your options and make sure your estate plan is in order.</p>
<h3 class="wp-block-heading">What Is HIPAA?</h3>
<p>HIPAA is the Health Insurance Portability and Accountability Act of 1996. It is a federal law requiring medical providers and other professionals with access to private health information to have safeguards and policies to protect that information. HIPAA also created rules about when those healthcare providers and other professionals can share that protected health information with others, such as the patient’s spouse, children, other healthcare providers, or insurance companies.</p>
<p>A central part of HIPAA is that entities that are subject to it, such as healthcare providers, must only share health-related data in particular situations. Additionally, they are only allowed to disclose the minimal amount of information necessary. Generally, they can share the details in these conditions:</p>
<ul class="wp-block-list">
<li>Where the patient has given consent (the patient is present or has provided written permission)</li>
<li>If it is required to ensure the patient receives the right care</li>
<li>When it is needed to obtain payment for the services provided</li>
</ul>
<h3 class="wp-block-heading">What Is a HIPAA Waiver?</h3>
<p>A HIPAA waiver, also known as a HIPAA authorization or release, gives the healthcare provider the patient’s permission to release personal health information to someone other than the patient. Many people have completed a version of a HIPAA waiver when completing paperwork at a new healthcare provider’s office.</p>
<p>A HIPAA waiver must be written in plain language. It also needs to contain the following:</p>
<ul class="wp-block-list">
<li>The healthcare provider’s name</li>
<li>The person’s name to whom the information is being disclosed</li>
<li>A description of the information being disclosed</li>
<li>The purpose of the disclosure</li>
<li>A specific time frame the waiver is valid and expiration date for the waiver</li>
<li>The name, signature, and date of the individual giving permission</li>
</ul>
<h3 class="wp-block-heading">Is a Medical Power of Attorney the Same Thing as HIPAA Waiver?</h3>
<p>A medical power of attorney is often one of the first things people think of when they are trying to make sure their wishes are carried out if they cannot make their own decisions. Medical power of attorneys are an important part of an estate plan, as they ensure that someone is aware of what the individual wants and can ensure those decisions are made. However, a power of attorney is not the same thing as a HIPAA waiver. A medical power of attorney does not grant the same permissions and may not be enforceable if it is not written correctly.</p>
<p>For example, if an individual does not include a durability clause, the medical power of attorney will not be valid when they become incapacitated. A durability clause indicates that whatever powers were granted in the power of attorney will remain in full force and effect even when the grantor is incapacitated.</p>
<h3 class="wp-block-heading">Why Do You Need a HIPAA Waiver?</h3>
<p>Many people fill out a medical power of attorney as part of their estate plan. This gives authority to a trusted loved one to make medical decisions in the event the individual is unable to make their own decisions. Unfortunately, some healthcare providers may be unwilling to provide information about the individual’s health due to HIPAA, even with a medical power of attorney. While a medical power of attorney is still necessary to ensure that the individual’s wishes and desires are not ignored, the HIPAA waiver is required to ensure that providers will give the family member or<span> </span><a href="https://www.hhs.gov/hipaa/for-professionals/faq/2069/under-hipaa-when-can-a-family-member/index.html">personal representative</a><span> </span>the health information needed to ensure those wishes and desires are carried out.</p>
<p>Another instance where HIPAA waivers and estate plans are legally connected is trusts. Individuals may also need a HIPAA waiver if there is a trust agreement that provides for the appointment of a successor trustee if the original trustee becomes incapacitated. In this case, the HIPAA waiver would allow the successor trustee to verify the health information of the trustee and assume the duties of trustee if needed. The Jennifer V. Abelaj Law Firm may be able to assist in setting up both the trust agreement and necessary HIPAA waiver to ensure smooth transitions.</p>
<h3 class="wp-block-heading">When Should You Sign and Update HIPAA waivers?</h3>
<p>Having a current HIPAA waiver is a crucial piece of an estate plan. If an individual is creating their estate plan for the first time, this is an excellent time to sign and include a HIPAA waiver. If there is an existing estate plan, adding a HIPAA waiver as soon as possible offers the assurance that their wishes will be carried out in the event they become incapacitated.</p>
<p>Just as individuals should go over and update their estate plan frequently, they should review their HIPAA waiver and ensure it is still current. They may need to update the names of healthcare providers who are authorized to share information or the names of those with whom that information can be shared. Additionally, HIPAA waivers typically have a specific time frame during which they are effective and an expiration date after which they are no longer considered valid. Therefore, most individuals should update their HIPAA waiver at least as often as it expires.</p>
<h3 class="wp-block-heading">Do You Need to Add a HIPAA Waiver to Your Estate Plan?</h3>
<p>HIPAA waivers and estate plans are a strong combination for ensuring that your wishes are carried out in the even that you are medically incapacitated and unable to speak for yourself. If your estate plan does not have a HIPAA waiver yet, it is time to include one. Reach out the Jennifer V. Abelaj Law Firm at 212-328-9568 to discuss adding a HIPAA waiver and ensuring your estate plan is comprehensive and ensures your legal rights remain protected.</p></div>
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		<title>Nonprofit Bylaws – What to Include &#038; Common Mistakes</title>
		<link>https://www.abelajlaw.com/non-profits/nonprofit-bylaws-what-to-include-common-mistakes/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Tue, 20 Jan 2026 22:51:32 +0000</pubDate>
				<category><![CDATA[Governance]]></category>
		<category><![CDATA[Non-Profits]]></category>
		<guid isPermaLink="false">https://clover.sevenseedlings.com/?p=2056</guid>

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				<div class="et_pb_text_inner"><h3 class="mkdf-post-title"><a href="https://www.abelajlaw.com/non-profits/nonprofit-bylaws-what-to-include-common-mistakes/" title="Nonprofit Bylaws – What to Include &amp; Common Mistakes">Nonprofit Bylaws – What to Include &amp; Common Mistakes</a></h3>
<p>Nonprofit organizations exist to meet the needs of the public and address critical issues in our society. While every nonprofit has its own unique mission, all nonprofits need a comprehensive set of bylaws to guide how their organization is governed. Not only do nonprofit bylaws serve to meet legal and regulatory requirements, but they also promote accountability and transparency in the organization, thereby establishing trust with donors and the public. If you need assistance with creating nonprofit bylaws or have any questions relating to your nonprofit, contact the Jennifer V. Abelaj Law Firm at 212-328-9568 to learn how an experienced attorney can help you.</p>
<h4 class="wp-block-heading">What Are Nonprofit Bylaws?</h4>
<p>Nonprofit bylaws are the main governing document for a nonprofit corporation. They are created when the organization is established to guide the decisions and actions of the board of directors. They can also help the organization avoid issues and resolve conflicts by clearly defining rules related to authority and governance. Furthermore, bylaws are a means for holding board members accountable for their actions. Board members that fail to follow a nonprofit’s bylaws are in breach of their duty to the organization and may be held liable for their actions.</p>
<p>In addition to being used internally, nonprofit bylaws are used by third parties to the organization, such as investors, landlords, and financial institutions. By reviewing a nonprofit’s bylaws, third parties can assess how responsibly the organization is being managed and whether or not they are willing to do business with them.  </p>
<h4 class="wp-block-heading">Nonprofit Bylaws –State and Federal Requirements</h4>
<p>Nonprofit organizations are governed by state law. A nonprofit organization’s bylaws should be created as a supplement to the rules defined under its state’s corporation code. When a nonprofit’s bylaws do not address a specific issue, it is assumed that the nonprofit follows the applicable rules of the state. </p>
<p>Federal law does not require specific provisions or language to be included in nonprofit bylaws. A nonprofit organization applying for<span> </span><a href="https://www.irs.gov/charities-non-profits/charitable-organizations/exemption-requirements-501c3-organizations">501(c)(3) tax-exempt status</a><span> </span>is required to submit its bylaws for review to the IRS, however, as part of the application process.</p>
<p>A skilled nonprofit attorney can assist you in creating your nonprofit bylaws in compliance with all applicable state laws. They can also help you address specific provisions in your bylaws to improve your chances of being granted 501(c)(3) tax-exempt status by the IRS. Contact The Jennifer V. Abelaj Law Firm to discuss your needs with an experienced nonprofit attorney today.</p>
<h4 class="wp-block-heading">What Do Nonprofit Bylaws Include?</h4>
<p>The specific details of a nonprofit’s bylaws are determined by the organization’s unique mission and purpose. In general, however, nonprofit bylaws include:</p>
<ul class="wp-block-list">
<li>Name of the organization</li>
<li>Location of the organization’s principal office</li>
<li>Mission and purpose of the organization</li>
<li>Details about the board of directors, including the number of members, their roles, and compensation</li>
<li>Rules and procedures relating to electing board members as well as their term lengths and limits</li>
<li>Details about board meetings, including frequency and procedures</li>
<li>Quorum requirements, including the number of votes needed to make a decision</li>
<li>Policies related to maintaining corporate records</li>
<li>Policies relating to conflicts of interest among board members</li>
<li>Limitations on the activities of the nonprofit</li>
<li>Rules and procedures for amending bylaws</li>
</ul>
<h4 class="wp-block-heading">Updating Nonprofit Bylaws</h4>
<p>Nonprofit bylaws should be updated if the organization goes through any major change, such as merging with another organization or making changes to the management structure. The rules related to amending bylaws, as defined in the existing bylaws, must be followed before any changes can be made. Nonprofit bylaws should also be reviewed at least once per year by the board of directors to ensure they are up-to-date, and all procedures are being followed correctly. </p>
<p>As outlined in the<span> </span><a href="https://www.irs.gov/pub/irs-pdf/p4221pc.pdf">Compliance Guide</a><span> </span>for 501(c)(3) organizations, bylaw amendments must be reported to the IRS. Some states also require that bylaw amendments are reported.</p>
<h4 class="wp-block-heading">Common Mistakes Related to Nonprofit Bylaws</h4>
<p>Common mistakes with bylaws that nonprofit organizations make are related to:</p>
<h5 class="wp-block-heading">Operational Policies and Procedures</h5>
<p>Bylaws exist to provide an overview of how an organization is governed. Specific details related to day-to-day operations can change frequently and, therefore, should be included in a policy manual written for management purposes.</p>
<h5 class="wp-block-heading">Provisions for Making Amendments</h5>
<p>Many nonprofits make the mistake of including stringent rules around making amendments to existing bylaws, such as requiring an unattainable number of votes to make a change. The needs and realities of a nonprofit organization can change over time. If it is difficult for the board of directors to make changes to the organization’s governance rules and management structure in line with the current needs of the organization, the bylaws will likely become outdated and the organization may develop a culture that is resistant to change. </p>
<h5 class="wp-block-heading">Reviewing Bylaws</h5>
<p>Many nonprofits fail to review their bylaws regularly. By reviewing its bylaws at least annually, a nonprofit and its board members can protect themselves from making mistakes and being held liable for their actions. All board members should review their organization’s bylaws at least once a year to ensure their decisions and actions are aligned with all of its provisions. New board members should be provided with the organization’s bylaws as soon as they are appointed to their position and should be required to familiarize themselves with all of its provisions.</p>
<h4 class="wp-block-heading">Learn How an Experienced Attorney Can Assist with Your Nonprofit Bylaws </h4>
<p>Nonprofit bylaws are an essential component of an organization’s success. Creating provisions that serve to enhance the effectiveness of your organization requires an in-depth understanding of nonprofit organization governance. State-specific nonprofit bylaw requirements, as well as federal requirements relating to 501(c)(3) organizations, must also be considered. At Jennifer V. Abelaj Law Firm, we are committed to assisting nonprofit organizations with all of their legal needs so they can focus on achieving their mission and purpose. Contact our experienced legal team today for a free consultation to learn more.</p></div>
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		<title>Non-Profit Employee Handbook</title>
		<link>https://www.abelajlaw.com/non-profits/non-profit-employee-handbook/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Tue, 20 Jan 2026 22:47:17 +0000</pubDate>
				<category><![CDATA[Non-Profits]]></category>
		<guid isPermaLink="false">https://clover.sevenseedlings.com/?p=2052</guid>

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				<div class="et_pb_text_inner"><h3 class="mkdf-post-title"><a href="https://www.abelajlaw.com/non-profits/non-profit-employee-handbook/" title="Non-Profit Employee Handbook">Non-Profit Employee Handbook</a></h3>
<p>Non-profit organizations are subject to the same employment laws as any other employer, from paying withholding taxes on employee wages to termination and unemployment compensation. Therefore, it is a good idea to have a non-profit employee handbook that outlines that organization’s policies, employee responsibilities and benefits, and other information that a new or existing employee would need to know about working there. At the same time, a non-profit organization may have unique policies and procedures that a for-profit employer may not have. Creating a comprehensive and effective employee handbook requires significant planning as well as understanding state and federal employment laws and other rules and regulations. Jennifer V. Abelaj Law Firm may be able to help you create your non-profit employee handbook. Speak with one of their experienced attorneys at 212-328-9568 to find out more.</p>
<h4 class="wp-block-heading">What Should You Include in Your Non-Profit Employee Handbook?</h4>
<p>One mistake that some employers make when creating an employee handbook is trying to create a policy for every possible thing that could ever happen. This creates an overly complicated, unwieldy, and enormous handbook that employees do not read. If they do not read it, there is a much greater chance they will unknowingly violate a policy or not follow a procedure, creating more work for management unnecessarily.</p>
<p>Instead, non-profits should include the basics that are common to most places of employment. Examples of what employers should consider including are:</p>
<ul class="wp-block-list">
<li>Notice &amp; Disclaimer/Acknowledgement of Receipt</li>
<li>Policy about employment at-will</li>
<li>A statement regarding equal opportunity and anti-harassment</li>
<li>Work authorization</li>
<li>Employment classification policy</li>
<li>Policy on unemployment compensation</li>
<li>Overtime</li>
<li>Leaves of absence, including parental leave</li>
<li>Workplace violence/safety</li>
<li>Conflict of interest</li>
<li>Code of conduct</li>
<li>Holidays and other time off</li>
<li>Health, welfare, insurance benefits, payroll deductions, direct deposit,</li>
<li>Programs for employee assistance</li>
</ul>
<p>These are basic sections for an employee handbook. Some of them may not apply to every non-profit and some organizations may need other sections that are not mentioned here.</p>
<h4 class="wp-block-heading">What Should You Not Include in a Non-Profit Employee Handbook?</h4>
<p>When attempting to be comprehensive, employers can unintentionally include phrases, words, or concepts that can later become a problem. While non-profit employers should try to be thorough, there are some things they should not include in a non-profit employee handbook. A few examples include:</p>
<ul class="wp-block-list">
<li>Language that implies if the employee gets through an introductory period, they are less likely to be fired or that there are any other circumstances that make them less likely to be fired.</li>
<li>The words “permanent employee.” The use of the word permanent would be language implying an employee cannot be fired. Instead, use terms such as “regular employee” to differentiate from temporary staff members and volunteers.</li>
<li>Burying the disclaimer about at-will employment. This should be prominently placed at the beginning of the handbook to ensure it is seen, read, and understood.</li>
<li>A narrowly defined list of reasons for termination or statements that imply or specifically state that termination can only be for cause.</li>
<li>A list of disciplinary actions that can be interpreted as requiring that all or some steps must be followed before termination can occur. While you may need a list of disciplinary actions, it should be clear that offenses are handled individually and may or may not require the use of all disciplinary actions before termination.</li>
</ul>
<p>This is not a full list. When creating your handbook, the experienced nonprofit attorneys at Jennifer V. Abelaj Law Firm may be able to help you determine which things to include and which to avoid so your handbook is comprehensive yet effective.</p>
<h4 class="wp-block-heading">Why You Cannot Find and Use a Template As-Is</h4>
<p>It is easy to search online and find many templates for employee handbooks. However, while a template can be a good starting point, it is not enough as it is. One reason not to use a template as it is, is that it may not be up to date. In addition, it may also:</p>
<ul class="wp-block-list">
<li>Not consider the non-profit’s state and local laws or use laws from another state that do not apply.</li>
<li>Not be specific to the organization’s specific needs and therefore, be too general to be effective.</li>
<li>May use overly complicated legal language that confuses employees instead of clarifying policies.</li>
</ul>
<p>Non-profits can use a template to save themselves some time and work. This sample employee handbook from the<span> </span><a href="https://www.501commons.org/resources/tools-and-best-practices/human-resources/sample-employee-handbook-national-council-of-nonprofits/view">National Council of Nonprofits</a><span> </span>may be a good beginning. Employers should go through the template they choose carefully and make sure to tailor the sections to their specific needs. They should also consider consulting with a lawyer to ensure they are including all the information they should and not including anything that may cause a problem in the future.</p>
<h4 class="wp-block-heading">Tips to Ensure Your Handbook’s Effectiveness</h4>
<p>Once employers have created a finished non-profit employee handbook, the work is not done. There are a few more things to do that will ensure the handbook’s effectiveness. Consider implementing the following:</p>
<ul class="wp-block-list">
<li>Have employees sign an acknowledgement of receipt and reading upon hire and each update.</li>
<li>Review the handbook every 1-3 years and update when needed.</li>
<li>Have standing personnel or a committee to review and revise so updates are consistent.</li>
<li>Compare current practices to handbook policies and determine which should change. For example, if your dress code is business casual in the handbook, but everyone dresses casually, decide if you need to enforce the dress code or revise it to reflect the way everyone dresses.</li>
<li>Remove or do not include irrelevant or rare policies that will not be used often. There may be issues that arise only once or twice in the lifetime of the organization if ever and therefore, do not need to be addressed in the handbook.</li>
<li>Make sure it is not overly verbose or complicated.</li>
<li>Do not combine policies for different groups. Give regular employees, independent contractors, and volunteers each their own handbooks.</li>
<li>Offer training or team meetings to go over new and updated policies so employees have a chance to ask questions and gain a better understanding.</li>
</ul>
<h4 class="wp-block-heading">Is Your Non-Profit Employee Handbook Effective and Legally Compliant?</h4>
<p>Whether you have an existing non-profit employee handbook that you would like to update or need to create one from scratch, an updated and clear handbook is a crucial component of a stable, productive work environment. If you need guidance to create or update your handbook, or you would simply like an experienced attorney to look it over for any legal issues that may arise, consider contacting the Jennifer V. Abelaj Law Firm at 212-328-9568 to find out how one of our experienced attorneys may be able to help.</p></div>
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		<title>Millennials and Estate Planning</title>
		<link>https://www.abelajlaw.com/estate-planning/millennials-and-estate-planning/</link>
		
		<dc:creator><![CDATA[Jennifer Abelaj]]></dc:creator>
		<pubDate>Tue, 20 Jan 2026 22:42:47 +0000</pubDate>
				<category><![CDATA[Estate Planning]]></category>
		<guid isPermaLink="false">https://clover.sevenseedlings.com/?p=2043</guid>

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				<div class="et_pb_text_inner"><h3 class="mkdf-post-title"><a href="https://www.abelajlaw.com/estate-planning/millennials-and-estate-planning/" title="Millennials and Estate Planning">Millennials and Estate Planning</a></h3>
<p>Millennials and estate planning might not sound like two terms that can go together. However, many members of this generation understand the importance of planning for the future. In the past, younger individuals did not put much thought into their wills and estate plans. Today, millennials are creating a plan to protect their loved ones and assets. If you are a millennial and want to learn more about an estate plan, schedule a consultation with Jennifer V. Abelaj Law Firm by calling 212-328-9568.</p>
<h4 class="wp-block-heading">What Is Estate Planning?</h4>
<p>According to the<span> </span><a href="https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/">American Bar Association</a>, estate planning covers the legal and financial matters that relate to the handling of assets and care in the event of a disability or death. Over the past years, millennials and estate planning has become a hot topic. While some individuals in this generation have taken their estate plans seriously, many still do not have a plan in place. An estate plan is much more than a Last Will and Testament (Will). Estate planning does not require having great wealth or a large estate. Anyone with any type of assets, even a small bank account, should consider creating an estate plan.  An estate plan ensures that all your wishes are met in the event of your death or incapacity. When it comes time to create an estate plan for you, schedule a consultation with the experienced estate planning attorneys at Jennifer V. Abelaj Law Firm.</p>
<h4 class="wp-block-heading">Millennials Need an Estate Plan</h4>
<p>According to the<span> </span><a href="https://www.gao.gov/products/gao-20-194">United States Government Accountability Office</a>, millennials have less assets than previous generations, however, they still need to think about estate planning. Here are a few points to take into consideration.</p>
<h5 class="wp-block-heading">Designates Beneficiaries</h5>
<p>While many younger millennials might not have a lot of money, most have a bank account. Those who have been in the workforce for a few years could have a 401k retirement plan and/or a life insurance policy. When that person passes away, who will inherit all those assets? With an estate plan, the beneficiaries are clearly designated. Unfortunately, some people die without a will, trust, or an estate plan. In that case, the assets may have to be divided between the living relatives, leading to lengthy court proceedings. Having relatives fight for assets is the last thing anyone wants to happen after they die. </p>
<h5 class="wp-block-heading">Medical Power of Attorney</h5>
<p>What happens if you become incapacitated or seriously ill? With a medical power of attorney, a designated party can make medical decisions according to your wishes in the estate plan. If a person cannot communicate or make decisions, a power of attorney gives the designated person the right to make any health decisions, including withdrawing life-sustaining medical care. Along with a power of attorney, an estate plan will often include all the burial arrangements and specifies whether the individual wants to donate their organs. Many millennials do not realize that these documents are very important, especially if someone wants to have unique end-of-life wishes. This part of the estate plan allows an individual to appoint someone to act on their behalf regarding any financial or medical decisions. </p>
<h5 class="wp-block-heading">Durable Power of Attorney</h5>
<p>Power of attorney is centered around more than just medical decisions. If a person becomes incapacitated or seriously ill, then that same person can also make decisions about other affairs in the person’s life, such as paying bills or caring for pets. With a durable power of attorney document, an individual can choose someone to handle depositing checks, dealing with health insurance, or paying rent. The durable power of attorney will remain in effect until the individual withdraws it. Without a durable power of attorney document, then the issue is handled by the probate court. In those cases, a judge will appoint someone to take care of those duties. Creating a comprehensive estate plan provides peace of mind and ensures that all major decisions will be handled by a person you trust. </p>
<h5 class="wp-block-heading">Guardianship for Children and Pets</h5>
<p>Unfortunately, parents can pass away, leaving custody issues in doubt. The other parent will often raise the children, but there are times when that person is not capable or unwilling to take on the responsibilities. In that case, millennials will want to specify someone to be a guardian to the children. These issues are crucial because if no guardians are appointed, the courts designate someone to care for the children. Choosing a person to provide for your children should not be taken lightly. This individual should have a bond with the kids and be willing to take on this difficult task. Also, only name someone as a guardian after discussing it with them first. Sometimes, people may not want to take on the responsibility of being a “parent” for someone else’s children. </p>
<p>Many millennials also have pets. Usually, when a person passes away, a friend or relative will take the pets. There have been horror stories about beloved pets being left at shelters with no place to live. For anyone who loves their pets, outlining end-of-life arrangements for them is essential. Like child custody, these arrangements will allow you to choose someone who will uphold your wishes and give your pet a great home in the event of your death. </p>
<h4 class="wp-block-heading">Let a New York Estate Planning Attorney Help with Your Estate Plan</h4>
<p>Millennials and estate planning might not seem like an expected combination, but most members of this generation realize the importance of these documents. Millennials need to think about what could help in the future with their assets, children, and pets. An estate planning attorney can help ensure the proper distribution of assets while protecting your wishes if you become ill or pass away. If you want to set up a trust, will, or need other estate planning assistance, contact the Jennifer V. Abelaj Law Firm at 212-328-9568.</p></div>
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