Susan Settenbrino's Schools

• TEMPLE LAW SCHOOL Bachelors in Law

Susan Settenbrino's Publications

• Susan Settenbrino's Practice, Susan Settenbrino March, 2011 Susan_Settenbrino.pdf

• Susan Settenbrino: FAQ on Prenuptial Agreements, Part 1, Susan Settenbrino April, 2011 Family law attorney Susan Settenbrino has held a number of high-profile positions in the New York legal community. She has represented clients in a wide array of cases, including those involving complex prenuptial issues. Why get a prenuptial agreement? Couples enter into prenuptial agreements (“prenups”) for many reasons. Recognizing that a marriage represents a financial agreement as well as an emotional and cultural union, couples may use prenups to help cement the bonds of their relationship. Prenups can help decrease the ambiguity in a relationship and enable the partners to concentrate more fully on the other aspects of their union. Who utilizes prenups? The individuals most likely to employ prenups are those who have previously been married. Having already experienced the difficulties of a divorce, they often desire some peace of mind for the future. In addition, people with high net worth, or those who operate their own businesses, often use prenups as a way of making sure that their relationships do not derail their other life goals. Individuals with professional degrees may also obtain prenups to protect their practices. What does it cost to draft a prenup? This depends on where you live and complexity of your financial situation. It may cost as little as a few hundred dollars or as much as several thousand. Generally, the wealthier partner pays for the prenup. Can a prenup be used to protect a couple’s children? Most determinations related to children or future children cannot be decided in a prenuptial agreement. These include custody issues and child support payments. Such determinations will be made by the court at the time of divorce, because they influence the rights of other people (the children), not just those of the couple. Can a prenup be invalidated? Yes. A prenup does not serve as carte blanche for one party to do anything he or she pleases. In order for the prenup to be enforceable, it must be signed before the marriage takes place, preferably significantly in advance so that there are no questions as to coercion or duress. The terms of the prenup must be conscionable, meaning that they must not disadvantage one party to the point that fraud or deceit might be suspected. In addition, the prenup cannot void one individual’s marital rights or infringe on his or her other rights in any way. It must also provide a certain degree of fairness; for instance, the prenup cannot leave a former spouse destitute. If some of these conditions are not met, a court may hold that the prenup is invalid.

• The ABCs of Executing Estate Finances, Susan Settenbrino April, 2011 Susan Settenbrino has operated her own legal firm in New York City since 1994. Specializing in all aspects of family law, Susan Settenbrino leverages keen insight into the legal and financial aspects of executing an estate. One of the keys to successfully managing an estate is ensuring proper planning beforehand. Regardless of how much money you have, making arrangements for your estate in the form of a will helps ensure proper allocation of your assets and lessens the burden on loved ones. When someone passes, the first thing to do is locate their will and any other pertinent financial documents. Some people set up a trust as a means to facilitate the asset allocation process and circumvent excessive taxation; in these instances, the co-trustee or successor trustee must be notified as well. Additionally, all persons who hold power of attorney should be contacted. The person who holds responsibility as the executor of the estate assumes the lion’s share of the work, beginning with the obtainment of short certificates from the Register of Wills. These documents indicate the person’s rights to the assets and must be presented to insurance companies, banking institutions, and other entities to ensure procurement of all benefits and assets. A comprehensive inventory of the estate will be necessary, including home appraisals, as will a list of all assumed debts by the deceased. Once all of the necessary paperwork has been gathered, bank accounts identified, and lock boxes located, the best method is usually to contact a legal and/or financial professional to distill the essential information, cut through the legal jargon, and facilitate the entire process. After the creditors and estate taxes have been paid, the remaining assets are distributed in accordance with the will.

• An Introduction to Business Law, Prepared by Susan Settenbrino May, 2011 A well-regarded family law attorney, Susan Settenbrino has devoted much of her career to instructing law students in a number of legal fields. At Brooklyn College, Susan Settenbrino served as an Adjunct Associate Professor who taught business law, a complex subject. Business law, also known as commercial law, covers a diverse range of issues, such as contracts, hiring practices, partnerships, proprietorships, and transactions between corporations, among others. In the United States, business law can include both public and private affairs. The most well-known examples of public business law are the Uniform Commercial Code, the Occupational Safety and Health Act, the Racketeer Influenced and Corrupt Organizations Act, and laws enforced by the Food and Drug Administration. Other subsections of business law include financial regulation, intellectual property, international trade law, product liability, and industrial design rights. Business law attorneys acquire their ethical guidelines from doctrines focusing on internal affairs and corporate governance.

• Minimizing the Impact of Divorce on Children, Part 2 May, 2011 by Susan Settenbrino, Attorney at Law Minimizing the Impact of Divorce on Children, Part 1 here Parental behavior strongly affects the emotional health of children in families involved in divorce. As a family law practitioner, I have seen first-hand how parents handling dissolution poorly cause their children additional stress during an already difficult time. Fortunately, if you are going through a divorce you can minimize its impact on your children through your behaviors. 1. Do not expect or imply your children should take sides. Avoid asking prying questions about their time with the other parent. Avoid arguing in front of the children, and do not discuss any of the legal divorce proceedings with them. Assure them that both parents love them, and that you fully support their love for the other parent. 2. Continue to treat your children as kids following the divorce. Some single parents begin to interact differently with their children, expecting them to serve as de facto partners rather than maintaining a parent-child relationship. Children need structure and a parent they can rely on as a source of support. Asking them to participate in adult decision making at too early of an age can be damaging. 3. Encourage the involvement of the other parent in your children’s lives. This arises from respectful interactions between both parents following the divorce. Although you are no longer together, your children still need both of you in their lives. 4. Avoid introducing new relationships to your children too soon. Keep your dating life separate from your children until you feel certain your new partner will be in your life for the long-term. This keeps kids from attaching to a new adult and experiencing yet another separation if you break up.

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