BSPE Legal Marketing Podcast

BSPE Legal Marketing Podcast

by Viktoria Altman
News
Season 5

Can Beneficiaries Challenge a Living Trust? - Davies Law Firm

From Davies Law Firm - Can Beneficiaries Challenge a Living Trust? explores when beneficiaries in Syracuse, NY and across New York may have the right to contest a living trust. This episode explains legal standing, direct financial interest, heirs-at-law, prior trust beneficiaries, and why New York courts generally require valid grounds before allowing a challenge to move forward.Listeners will hear how common trust disputes arise, including claims involving lack of mental capacity, undue influence, fraud, improper execution, and duress. The discussion also highlights important New York authorities and statutes such as Matter of Malasky, Matter of Walther, EPTL § 7-1.17, and the burden of proof required when questioning a grantor’s wishes.The episode also breaks down no-contest clauses, sometimes called in terrorem clauses, and how they may affect beneficiaries who are considering a challenge. It covers EPTL 3-3.5, EPTL § 11-1.7, SCPA 1404 discovery, Matter of Adams, and the statute of limitations under CPLR 213 and CPLR 213(8), including why timing can be critical in trust litigation.Davies Law Firm attorneys Frederick P. Davies and William P. Davies help families throughout Central New York, Syracuse, and Onondaga County understand trust administration, estate planning, Surrogate’s Court proceedings, and disputes involving revocable trusts. Whether a listener is concerned about an existing trust, a trustee’s conduct, or protecting their own legacy, this episode offers practical insight into the steps, evidence, and legal process involved in challenging or defending a living trust in New York. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202, United States (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E270
May 5, 2026
2:44

Living Trust Administration Service - Davies Law Firm

From Davies Law Firm - Living Trust Administration Service explores how living trust administration works for families in Syracuse, Central New York, and across New York, breaking down the legal and financial responsibilities that follow the loss of a loved one. This episode walks through the differences between a revocable living trust and an irrevocable living trust, highlighting how trustees manage assets, pay debts, communicate with beneficiaries, and distribute property in accordance with trust terms and New York law, often avoiding the Surrogate's Court process in Onondaga County. Listeners will gain a clear understanding of how trust administration compares with probate in places such as the Onondaga County Surrogate's Court and the Onondaga County Courthouse on Montgomery Street. The discussion explains timelines, privacy advantages, and why properly funded trusts can streamline administration. It also unpacks the fiduciary duties imposed under EPTL § 11-2.3, including the duty of loyalty, prudent investment, and ongoing communication, helping trustees understand the weight of their role and the risks of personal liability. The episode also features insights connected to Davies Law Firm’s leadership, including Frederick P. Davies, a graduate of the University of Vermont and Syracuse University College of Law, with experience in the United States Navy and United States Air Force, and William P. Davies, an Albany Law School graduate with advanced training from the University of Miami School of Law. Their backgrounds, along with affiliations like the American Bar Association, New York State Bar Association, and Estate Planning Council of Central New York, shape the firm’s long-standing work guiding families through estate administration, tax filings with the IRS, and compliance with agencies like the New York State Department of Taxation and Finance. Finally, the conversation dives into practical steps such as inventorying trust assets, handling real property in Syracuse and the Adirondacks, addressing creditor claims, filing Form 1040, 1041, and 706, and managing beneficiary disputes. Whether dealing with assets in Onondaga County, Madison County, or Oswego County, this episode provides a grounded look at how trustees can navigate complex decisions, avoid court involvement when possible, and carry out the intentions of a trust with clarity and structure. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E269
May 5, 2026
2:18

Should You Put Business Interests in Your Living Trust? - Davies Law Firm

From Davies Law Firm - Should You Put Business Interests in Your Living Trust? explores how a revocable living trust can help business owners in Syracuse and across Central New York avoid probate, maintain privacy, and ensure continuity in ownership. The episode walks through how aligning estate planning with business structure—whether through an LLC or corporation—can create a seamless transition strategy that protects both personal and professional interests. Drawing on decades of experience, Davies Law Firm highlights insights from attorneys Frederick P. Davies and William P. Davies, who guide listeners through the legal and operational considerations involved in transferring business interests into a trust. The discussion breaks down how sole proprietorships, LLC membership interests, corporate stock, and partnership interests interact with a revocable living trust, while emphasizing the importance of reviewing operating agreements, shareholder agreements, and buy-sell provisions before making any transfers. Listeners will gain a clear understanding of why combining an LLC or corporation with a living trust often provides the strongest structure. The episode explains how liability protection from an LLC differs from the ownership and succession benefits of a trust, and why both layers are essential. It also covers critical tax considerations, including how the Internal Revenue Service treats grantor trusts, what happens under the Internal Revenue Code, and how structures like QSSTs and ESBTs help maintain S-corporation status after death. Finally, the podcast outlines the risks of improper planning, such as violating transfer restrictions or losing S-corp eligibility, and offers practical next steps for business owners. From gathering governing documents to updating trust arrangements over time, Davies Law Firm provides a roadmap for safeguarding business continuity and family wealth. This episode is a comprehensive guide for anyone navigating estate planning and business succession in New York. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E268
May 5, 2026
2:42

Living Trust Amendment & Restatement in Syracuse, NY - Davies Law Firm

From Davies Law Firm - Living Trust Amendment & Restatement in Syracuse, NY explores how families across Syracuse and Onondaga County can keep their estate plans aligned with life’s constant changes. This podcast dives into the practical realities of maintaining a living trust under New York law, highlighting how events like marriage, divorce, relocation, and tax law updates can impact long-term planning. With guidance rooted in decades of experience serving Central New York, the discussion unpacks how trusts evolve without losing their original purpose. Listeners will gain a clear understanding of the difference between a living trust amendment and a full trust restatement, including how each option functions under Estates Powers and Trusts Law (EPTL) Section 7-1.17. The episode walks through when a simple amendment is enough and when a comprehensive restatement is the smarter path, especially in light of changes tied to the SECURE Act, New York estate tax thresholds, and federal exemptions. Real-world examples illustrate how proper updates preserve trust funding while avoiding unnecessary legal complications. The podcast also explores the risks of common mistakes, from DIY templates to outdated beneficiary designations, and explains how these missteps can surface in proceedings at the Onondaga County Surrogate's Court or within the New York State Unified Court System. Featuring insights connected to Frederick P. Davies and William P. Davies, the conversation reflects a legacy shaped by institutions like Syracuse University College of Law, Albany Law School, and the University of Miami School of Law, along with professional involvement in organizations such as the American Bar Association and the Estate Planning Council of Central New York. Finally, the episode emphasizes the importance of coordinating trust updates with the broader estate plan, including pour-over wills, powers of attorney, and healthcare proxies. Serving communities throughout Syracuse, Madison County, Oneida County, Cortland County, Oswego County, and Cayuga County, Davies Law Firm provides a structured approach to maintaining estate plans that remain effective over time. This podcast offers a grounded, informative look at how thoughtful updates today can protect families and preserve intentions for decades to come. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202 (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862
S5 · E267
May 5, 2026
3:38

Fired for Reporting Sexual Harassment in Florida? Here's What Happens Next - BT Law Group, PLLC

From BT Law Group, PLLC - Fired for Reporting Sexual Harassment in Florida? Here's What Happens Next explores what employees face after reporting workplace misconduct and then being terminated under suspicious circumstances. Featuring insights from Miami employment lawyers Jason D. Berkowitz and Anisley Tarragona, this episode breaks down how retaliation can be disguised as “performance issues” or “restructuring,” and why timing often raises legal red flags. Listeners will gain a clear understanding of what qualifies as illegal retaliation under Title VII of the Civil Rights Act, the Florida Civil Rights Act (FCRA), and the Miami-Dade County Human Rights Ordinance. The discussion highlights key legal standards established in cases like University of Texas Southwestern Medical Center v. Nassar and Burlington Northern & Santa Fe Railway Co. v. White, while explaining protected activities such as filing complaints with the EEOC or FCHR, participating in investigations, or resisting harassment. The episode also walks through how courts evaluate retaliation claims using the McDonnell Douglas Corp. v. Green framework, and what evidence—like shifting explanations, temporal proximity, and sudden negative reviews—can indicate pretext. Practical guidance is shared on preserving documentation, understanding filing deadlines, and navigating the EEOC Public Portal or the Miami EEOC District Office, along with updates tied to 2026 legislation such as HB 1407 affecting FCHR claims. Finally, Jason D. Berkowitz and Anisley Tarragona discuss potential remedies including back pay, front pay, compensatory damages, and punitive damages, as well as the realities of reinstatement versus financial recovery. Whether you’re dealing with wrongful termination, discrimination, or retaliation after reporting sexual harassment, this episode offers a grounded look at your legal options and the steps to take next in Florida. BT Law Group, PLLC 3050 Biscayne Blvd STE 205, Miami, FL 33137 305-507-8506 https://www.google.com/maps?cid=1652198006057542154
S5 · E266
Apr 30, 2026
3:15

Can Sexual Harassment Happen Outside of Work in Florida? - BT Law Group, PLLC

From BT Law Group, PLLC - Can Sexual Harassment Happen Outside of Work in Florida? explores how unwelcome sexual conduct connected to the employment relationship can extend beyond the office and still trigger legal protections under Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act (FCRA). This episode breaks down how off-site misconduct at company events, business travel, client sites, and even after-hours digital communications can shape a hostile work environment and lead to job-related consequences. Listeners will gain a clear understanding of the legal framework governing workplace harassment, including the role of Florida Administrative Code Rule 60L-40.001 and how it aligns with federal standards. The discussion dives into the two primary categories of claims—quid pro quo harassment and hostile work environment harassment—while explaining how courts evaluate severity, pervasiveness, and the totality of circumstances when determining whether conduct violates the law. The episode also unpacks employer liability, highlighting key legal precedents such as Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth, and explaining how responsibility differs depending on whether the harasser is a supervisor, coworker, or third party like a client or vendor. Attorneys Jason D. Berkowitz and Anisley Tarragona provide insight into how retaliation claims arise under Title VII and the FCRA, and how agencies like the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR) handle complaints and filing deadlines. Finally, the podcast walks through practical steps Florida employees can take to protect their rights, from documenting evidence and reporting harassment internally to pursuing formal claims when employers fail to act. With a focus on real-world scenarios—including digital harassment, business travel incidents, and third-party misconduct—this episode offers a comprehensive look at how workplace protections extend beyond traditional office boundaries and what legal options may be available when those protections are violated. BT Law Group, PLLC 3050 Biscayne Blvd STE 205, Miami, FL 33137 305-507-8506 https://www.google.com/maps?cid=1652198006057542154
S5 · E265
Apr 30, 2026
2:04

How Do You Report Sexual Harassment to Your Company? - BT Law Group, PLLC

From BT Law Group, PLLC - How Do You Report Sexual Harassment to Your Company? explores the essential steps employees must take when facing workplace harassment and why proper reporting is critical under Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act. This episode breaks down the legal importance of notifying your employer, how failure to report can impact your ability to recover damages, and how the Ellerth/Faragher framework established by Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton shapes employer liability. Listeners will gain a clear understanding of what legally qualifies as sexual harassment, including quid pro quo harassment and hostile work environment claims. The discussion walks through real workplace examples—ranging from unwanted advances and inappropriate comments to severe incidents like sexual assault—while explaining how these behaviors are evaluated under federal and Florida law. The episode also highlights how organizations like the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR) play a role in protecting employee rights. The conversation features insights tied to the legal strategies used by employers and employees alike, drawing on the experience of Jason D. Berkowitz and Anisley Tarragona. It covers how to report harassment internally through HR, what to include in documentation, and how Miami-Dade County’s Human Rights Ordinance adds another layer of protection. The episode also addresses complex situations, such as when HR is unresponsive or involved, and explains alternative reporting paths through compliance departments or external agencies. Finally, the episode dives into what happens after a report is filed, including employer investigations, protections against retaliation under Burlington Northern & Santa Fe Railway Co. v. White, and the strict deadlines for filing claims with agencies like the EEOC and FCHR. With practical guidance on preserving evidence, understanding anonymous reporting options, and taking the next legal steps, this episode equips listeners with the knowledge needed to protect their workplace rights and move forward with confidence. BT Law Group, PLLC 3050 Biscayne Blvd STE 205, Miami, FL 33137 305-507-8506 https://www.google.com/maps?cid=1652198006057542154
S5 · E264
Apr 30, 2026
2:40

Middletown DWI Lawyer - Randall F. Inniss

From The Inniss Firm, PLLC - Middletown DWI Lawyer explores what drivers in Middletown, Orange County, and the Hudson Valley need to know after being charged with Driving While Intoxicated in New York. The episode discusses how a DWI arrest can affect driving privileges, employment, finances, and daily life, while explaining why an arrest does not automatically mean a conviction.Listeners will hear how Randall F. Inniss brings more than 16 years of DWI defense experience and an approximately 22-year background as a New York State Trooper and Investigator to cases involving DWAI, DWI per se, common law DWI, Aggravated DWI, chemical test refusals, and Leandra’s Law violations. The episode breaks down New York Vehicle and Traffic Law Section 1192, BAC thresholds, misdemeanor and felony classifications, and the role of Orange County’s STOP-DWI and Traffic Safety Program.The discussion also covers the penalties drivers may face, including fines, jail time, license suspension or revocation, ignition interlock device requirements, Driver Responsibility Assessments, DMV hearings, and Impaired Driver Program requirements. It explains how issues such as an unlawful traffic stop, unreliable field sobriety tests, improper breathalyzer calibration, blood-test chain of custody, Miranda violations, and medical conditions like GERD may affect a DWI defense.The episode concludes with an overview of how The Inniss Firm, PLLC represents clients in Middletown City Court, Town of Wallkill Court, Orange County Court in Goshen, and surrounding communities including Newburgh, New Windsor, Monroe, Warwick, Chester, Cornwall, Rockland County, Dutchess County, Sullivan County, Ulster County, and Putnam County. For those facing a first-offense DWI, felony DWI, DWAI-Drugs, CDL-related charge, or DMV license hearing, this podcast highlights the importance of acting quickly and contacting The Inniss Firm, PLLC at (845) 470-4236 for a free consultation. The Inniss Firm, PLLC 280 NY-211 Suite 203, Middletown, NY 10940, United States (845) 470-4236 https://www.google.com/maps?cid=9803142138284851286
S5 · E263
Apr 30, 2026
3:24

What Is Title Insurance and Do I Need It in NYC? - Natalia A. Sishodia

From Sishodia PLLC - What Is Title Insurance and Do I Need It in NYC? explores how title insurance protects Manhattan and New York City property buyers from hidden ownership problems, liens, fraud, forgery, recording errors, and other title defects that may not appear until after closing. The episode explains why condo and townhouse buyers often need title insurance, especially when financing with a mortgage, and why co-op purchases are treated differently because buyers purchase shares in a cooperative corporation rather than real property.Listeners will hear how Manhattan real estate attorney Natalia A. Sishodia, Esq., LL.M., Managing Partner of Sishodia PLLC, helps buyers and sellers understand closing costs, title searches, policy choices, and legal requirements throughout the NYC real estate process. The discussion covers lender’s policies, owner’s policies, enhanced owner’s policies, and how coverage differs depending on whether the transaction involves a condo, co-op, townhouse, or other residential property.The episode also breaks down New York’s regulated title insurance system, including the role of the New York State Department of Financial Services, New York Insurance Law Article 64, New York Insurance Law § 2305, New York Insurance Law § 6409, and the Title Insurance Rate Service Association. It highlights how the Office of the City Register, ACRIS, the New York County Clerk’s Office at 60 Centre Street, title companies, deeds, court records, judgments, unpaid taxes, municipal liens, and endorsements can all factor into a buyer’s title review.For anyone buying property in Manhattan, Brooklyn, Queens, the Bronx, Westchester, or surrounding New York City areas, this episode offers a clear look at why title insurance can be an important part of protecting a real estate investment. Sishodia PLLC, located at 600 Third Avenue in Manhattan, guides domestic and international clients through condo and co-op purchases and sales, new developments, deed transfers, leasing, lending, commercial transactions, and 1031 tax-deferred exchanges. To discuss title reports, insurance policies, or the closing process, call Sishodia PLLC at (833) 616-4646. Sishodia PLLC 600 3rd Ave 2nd floor, New York, NY 10016, United States (833) 616-4646 https://www.google.com/maps?cid=12450537318741950980
S5 · E262
Apr 29, 2026
2:46

Virginia Personal Injury Attorney - John P. Fishwick Jr.

From Fishwick & Associates PLC - Virginia Personal Injury Attorney explores what injury victims in Roanoke and across Virginia need to know after a serious accident caused by negligence. This episode covers how personal injury claims work, why medical expenses, lost income, physical pain, and insurance company tactics can create major challenges, and how John P. Fishwick of Fishwick & Associates PLC helps clients understand their legal options.The discussion breaks down key Virginia injury laws, including Virginia Code § 8.01-243 on filing deadlines, § 8.01-38.1 on punitive damages, § 8.01-35 on reimbursed lost income, and § 8.01-581.15 on medical malpractice damage caps. Listeners will also learn about Virginia’s strict pure contributory negligence rule, the two-year statute of limitations, special notice rules for government claims, and why even a small allegation of fault can affect recovery.This episode also highlights the types of cases Fishwick & Associates PLC handles, including car accidents, truck wrecks, drunk and drugged driving crashes, distracted driving accidents, bicycle accidents, airplane crashes, slip and fall claims, premises liability cases, medical malpractice, and wrongful death. It explains the evidence that matters most, such as medical records, accident reports, photographs, video, witness statements, and testimony from medical, engineering, or financial professionals.Listeners will hear about John P. Fishwick’s background as a trial attorney, former United States Attorney for the Western District of Virginia from 2015 to 2017, graduate of Washington and Lee University School of Law, and attorney admitted before the U.S. Supreme Court, the Fourth Circuit Court of Appeals, and federal district courts across Virginia. Serving Roanoke, Salem, Vinton, Christiansburg, Blacksburg, Lynchburg, Bedford, Rocky Mount, Radford, Martinsville, Southwest Virginia, and the Roanoke Valley, Fishwick & Associates PLC offers guidance for injury victims seeking to protect their rights and pursue compensation. Fishwick & Associates PLC 30 Franklin Rd SW Ste 700, Roanoke, VA 24011, United States (540) 345 5890 https://www.google.com/maps?cid=10040635858459830700
S5 · E261
Apr 29, 2026
2:51
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