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Law Offices of
Kevin M. O'Sullivan
Blog
Welcome to our Blog!
It's our goal to use this forum to educate, share insight and (dare I say?) entertain you, with our thoughts, ideas and interactions with the legal experiences common to us all. We'll use this space to share our stories and theories in a casual, relatable way that makes our practice more accessible.
But first, a little about us, your blog purveyors. We're young, energetic professionals who have been together since 2009 (who says a recession isn't a great time to start a business?). Although we're all from different backgrounds, we share an important trait-passion. We love what we do and we try to bring that sentiment to our firm everyday (naturally, some days it's easier to do than others!)
Since we opened our doors, we've successfully represented and continue to represent a broad array of clients in a wide variety of legal matters, from the routine to the complex.
So, without further ado...welcome to our blog! We hope that you enjoy reading it as much as we enjoy writing it! And if the mood should strike you, please know that your comments, questions and suggestions are always welcome to info@ozatlaw.com.
What to Consider When Deciding Between a Will or a Trust
When planning for the future, one of the most important legal decisions you will make is how your assets will be distributed after your death. Two of the most common estate planning tools are a Last Will and Testament and a Living Trust . While both serve the purpose of transferring assets to your chosen beneficiaries, they function differently and are suited to different circumstances. At the Law Offices of Kevin M. O'Sullivan we help clients evaluate their options and buil
kosullivan03
Feb 23
Selling Real Property as a Religious Organization in New York: What You Need to Know
For many faith-based communities, real property — from houses of worship and parish halls to schools and community centers — is more than just land and buildings. These assets often embody generations of history, spiritual life, and community service. However, there are times when selling property becomes necessary: due to changing demographics, financial sustainability challenges, or shifting ministry priorities. Before any sale can move forward , religious organizations in
kosullivan03
Dec 14, 2025
Do You Own A Home in New York with Someone You Have Broken up with? What Happens When Unmarried Couples Buy A House But Then Split Up?
Own a home with someone you have broken up with? This article discusses what you can do when you co-own property with your ex.
kosullivan03
Jun 7, 2024
What are the Differences Between a Revocable Trust and an Irrevocable Trust?
Clients often ask when putting together their estate planning documentation how they can protect and distribute their assets without the need of going to court while at the same time making sure their loved ones will have access to their assets soon after they pass away. One of the most popular estate planning strategies available to people who have these types of concerns are trusts. A trust can insure a faster distribution of the assets to a deceased person's family. Bef
kosullivan03
Jan 3, 2024
What to Consider When Looking for A New Condominium or Cooperative Attorney
At The Law Offices of Kevin M. O'Sullivan we believe that cooperative and condominium representation is more a relationship than a transaction. Senior Partner Kevin O’Sullivan has acted as general counsel to our cooperative and condominium clients for years, offering advice and counsel to cooperatives and condominiums throughout the New York City area. Our cooperative and condominium clients benefit from Mr. O’Sullivan’s prior experience as an attorney with the New York City
kosullivan03
Aug 24, 2023
Holding Someone to Their Promise Bringing an Action for a Constructive Trust
When we talk about a person’s real estate, we are in many cases talking about that person’s life savings. When we give other people our trust and control over our property we generally expect those people to act in good faith. But sometimes people will take advantage of our good faith and unjustly enrich themselves when they should be looking out for our best interest. If a person finds that someone they have entrusted with their property has defrauded them they may seek to h
kosullivan03
Jul 22, 2020
The Basics of a 1031 Exchange
Many of our clients who regularly invest in real estate often use 1031 exchanges in order to defer their tax liability on investment properties by using the sales proceeds from the sale of one investment property to purchase a new investment property. Section 1031 of the IRS code contains the basic concept that if the investor didn’t personally receive the proceeds from the sale but instead had those proceeeds held by a qualifed exchange facilitator then there isn’t any incom
kosullivan03
Apr 23, 2020
Buying New York City Property From Overseas
A question we are constantly being asked by our clients who live outside the United States is, can we purchase real estate in New York even though we are not American citizens? The answer is YES! The fact is people from all over the world buy real estate in New York City as a part of their asset diversification strategy. In our experience representing overseas purchasers the most common type of real estate they purchase are condominium apartments as they require no approval f
kosullivan03
Apr 20, 2020
New York Enacts Changes to Partition Law
The changes made to the partition law are designed to deal with family members who co-own property and one family member wants to sell the property while the other does not. The aim is to ensure that family members who co-own property are not taken advantage of by property speculators who may buy one family member's interest in order to start a partition action and force the other co-owner to sell their interest in the property at a below market value. The big three changes t
kosullivan03
Sep 16, 2019
What Happens If I Get Sued But Don’t Have Insurance?
There is no law requiring you to have homeowner's insurance. If you do not have a valid home owner’s insurance policy then the risk is all on you. A homeowner is personally liable for any injuries sustained on his or her property to the extent that they are found to be the cause of the negligence. This applies whether or not insurance is in effect. Insurance is used to pay for your attorney if you are sued and to pay claims against the homeowner up to the policy limit. Withou
kosullivan03
Oct 23, 2018
What You Should Know About The Short Sale Process
As we have had many inquiries about the issues surrounding the process of completing a short sale we thought this article would be a helpful way to respond to those inquiries and provide some facts about the short sale process. Here you'll find some information on short sales and their challenges and the tools we can provide to help you navigate this process. What is a Short Sale? A short sale is a transaction in which the bank holding the mortgage agrees to accept less than
kosullivan03
Apr 2, 2018
Kevin O'Sullivan Obtains $850,000.00 Decision In Breach of Contract Case
Kevin O'Sullivan a founding partner of the law firm obtained an award of approximately $850,000.00 for Brooklyn based real estate Developer Two Trees Development in a breach of contract action brought against Clear Channel Outdoor Inc. in Kings County Supreme Court. The action centered upon two commercial leases entered into by Two Trees and Clear Channel Outdoor which gave Clear Channel Outdoor exclusive use of four rooftop billboards owned by Two Trees which faced the Manha
kosullivan03
Jul 17, 2017
I‘ve Just Been Elected to My Co-op/Condo Board Now What?
This time of year we attend a great deal of annual shareholder/member meetings for the co-op and condominium associations we represent. These annual meetings serve a dual function, first they allow the current board and the vendors who service the association such as the property management company, attorney and accountant to present their end of the year reports. Second these meetings are used as the venue to hold elections for the association’s board of directors. The board
kosullivan03
Jul 27, 2016
What is a Kinship Proceeding in New York?
When someone dies (a "decedent") without a will ("intestate"), their property must be distributed. In New York, the folks entitled to a share in the decedent's property (the "distributees") are defined by statute and separated into classes. Commonly, we identify these folks as the decedent's relatives--parents, children, spouses, siblings, cousins and so on, throughout the family tree. At first blush, such a question may seem elementary; after all, who wouldn't know their "re
kosullivan03
Oct 14, 2015
Partition Action: Bringing A Lawsuit to Force a Co-Owner to Sell Property in New York
When two or more people own the same property one of the owners can force a sale of the property via a partition action.
kosullivan03
Mar 12, 2015
The Air Isn't Free; Buying and Selling Air Rights in New York
"Buy land, they're not making it anymore"- Mark Twain Ironically or not, this quote from Mark Twain captures the intangible and unique value that comes from owning a piece of real estate. The sweep of your ownership may not end at the roof of your building. In many jurisdictions, including New York City and the surrounding municipalities, each parcel of property contains a certain amount of development rights commonly referred to as "air rights". As the price of real estate c
kosullivan03
Dec 10, 2014
How can I Disinherit Someone
Disinheritance refers to the exclusion of an individual as a beneficiary of an estate. From a practical position, the decision to disinherit someone should not be lightly taken, as it may ultimately lead to undue cost and expense through litigation of the will. Nevertheless, such undertaking are often warranted by the circumstances of the family dynamic. In that vein, disinheritance can be achieved through a variety of strategies. Today we will focus on one particular strateg
kosullivan03
Nov 17, 2014
First Time Home Buyers- Do I Really Need A Lawyer?
Congratulations! Your offer was accepted. You're just days (actually, months) away from owning your first home. Your first yard. Your first boiler. Your first real estate taxes. Wait, we're getting ahead of ourselves. Congratulations! Your offer was accepted. What no? Our suggestions: call a lawyer. Better yet, call a lawyer with real estate experience, like us. We often hear a common refrain from first-time home buyer clients: "I have a simple matters; it's just a house purc
kosullivan03
Sep 3, 2014
Advanced Directives: A Cautionary Tale
Estate planning documents, also commonly referred to as Advanced Directives, are vital to the safety and protection of your assets and personal well-being. As such, those instruments, especially Last Wills & Testaments, Health Care Proxies and Powers of Attorney, should be updated regularly, as families and personal situations change. We typically recommend revisions to your Advanced Directives after significant life events; such as marriage or divorce, the birth or adoption
kosullivan03
Jun 28, 2014
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