Biography of Eric M. Gansberg

Eric M. Gansberg graduated Wagner College, cum laude, in 1980. He then attended Antioch School of Law, Washington D.C., obtaining a juris doctorate in 1983. Admitted to practice before the New York State and federal district courts in 1984, Mr. Gansberg is an experienced attorney. In addition to practicing law, Eric M. Gansberg has taught law and is a published author. He has also served as a Family Court hearing examiner (now support magistrate deciding complex issues of spousal support and maintenance, child support, and the issues related thereto.


Current Employment Position(s):

Principal

Areas of Practice:

Child Support
Contracts
Custody & Visitation
Divorce
Education Law
Estate Planning
Family Law
Landlord/Tenant
Personal Injury -- Plaintiff
Real Estate Law


Bar Admissions:
New York, 1984
U.S. District Court Southern District of Florida Trial Bar, 1984
U.S. District Court Eastern District of New York, 1984
U.S. Supreme Court, 1988



Education:
Antioch School of Law, Washington, District of Columbia, 1983
J.D.


Wayne College, Staten Island, N.Y., US, 1983
B.A.
Major: History


Published Works:
Paralegals in NY Law, Lawyers Coop - Delaware, 1993


Eric M. Gansberg is your #1 choice for an attorney in Straten Island and New York! As you can see, he has a solid background and experience to make sure that your needs are met first and foremost! Choose the talents of Eric M. Gansberg, Attorney at Law in New York!

Firm Overview

As an experienced Staten Island lawyer, Eric Gansberg has dedicated his law practice to assisting clients throughout the New York City area. Mr. Gansberg helps clients handle changes to family dynamics, including the addition of children, marriage, divorce, the incapacitation of a family member, and death. His expertise is across a wide variety of fileds, but his main specialty revolves around family law.

Some of the practices Mr. Gansberg specializes in include:

Divorce and Family Law
Estate Planning and Elder Law
Residential Real Estate
Background and Qualifications
The following information highlights Eric Gansberg’s successful practice.

-In private practice and through public service, he has been providing clients with quality representation since 1984.

-From 1984 - 2005, he taught classes at the College of Staten Island, C.U.N.Y., including topics relating to family law, real estate, and estate planning.

-He is an accomplished author, having published Paralegals in New York Law in 1993, covering topics related to divorce, property rights, and wills and trusts.

-As a former Family Court Support Magistrate, he has addressed complex family support issues.

-he was born and raised on Staten Island, and he's familiar with the needs of families in the New York City metropolitan area.

-He has lectured to attorneys and other professionals about family law, real estate and estate planning matters.


These credentials ensure that you will receive total quality attorney services when you choose Eric Gansberg for your legal representation. Eric M. Gansberg is your #1 choice for family law attorneys in New York! He has a solid background and experience and will make sure your needs are met first and foremost! Choose Eric M. Gansberg for your attorney needs in Straten Island and New York!

Equitable Distribution of Maritable Property

One of the most difficult challenges in New York family law is the equitable distribution of marital property. The most prevalent property distribution issues are:

Classification: Is the property marital or separate?

Valuation: How much is the property worth?
Perfecting Interest: How do I protect my interest in the asset?


Allocating Debt: How do we handle distribution of debt?

Asset Classification

Before property can be divided between spouses, the property must be classified as marital property. Classification issues revolve around such terms as commingling or transmutation. Does this sound complicated? It can be.

Some of the more frequent classification issues include the following:

Property brought into the marriage
Inheritances
Pension and other deferred compensation
Degrees and Licenses
Businesses
Gifts
Stocks and Stock Options
Real estate
Bank accounts
Classification issues can be complicated. Eric Gansberg can assist you in preparing to present this issue in the best light to protect your interests.

Asset Valuation

Once the property is classified as a marital asset, it needs to be valued, so the distribution of the property can be equitable. Valuation issues include determining the point in time to value the asset, and the monetary value of the asset. These issues can arise with any asset, but some of the more common valuation issues include the following:

Trusts

Pension and retirement plans
Businesses (including doctors, lawyers, accountants, and other businesses)
Stocks and Stock Options
Collectibles
Real estate
Bank accounts

Eric Gansberg can assist you in obtaining the proper experts to value the asset, as well as assist in any negotiations and documentation for an amicable division of marital property or prepare your case for an adjudication of the property value. You need an experienced attorney to make sure that your interests are met first and foremost.

Perfecting Your Interest

Once the marital property is divided, you need to perfect your interest in the property to protect the property and yourself. Eric Gansberg can assist you with the preparing and filing the proper documentation and let you breather a little easier.


Eric M. Gansberg is here to protect your interests during this difficult time. He has a solid background and experience to put your interests first and foremost. Choose a Straten Island attorney you can turst, choose Eric M. Gansberg!

Post Divorce Modifications

In order to obtain a decree or settlement modification in New York, you must be able to demonstrate that a significant change in circumstances warrants a modification.

Typically, modifications to agreements are more difficult than modifications to court orders. In many cases involving agreements, you must demonstrate the substantial change that occurred was unforeseeable and not contemplated by the agreement.

Many obligations imposed by the divorce decree are modifiable upon a significant change of circumstances affecting your ability to meet the obligations imposed, your needs, or those of children. However, the vast majority of divorce modifications involve one or more of the following:

Child support modification:

Child support modifications include a request to increase child support or to decrease or discontinue child support. In making a determination regarding child support modifications, a court may consider changes in income, loss of a job, child emancipation, change of custody, and other factors.

Child custody modification or child visitation modification

Factors that a court may consider in determining a child custody modification or child visitation modification include relocation (especially relocation out of state), changes to work schedules, changes to the child's schedule, a child's exposure to an unhealthy environment, and other factors affecting custody or visitation.

Spousal support or spousal maintenance modifications

Spousal support or spousal maintenance modifications include requests to increase spousal payments, or to decrease or discontinue spousal payments. Factors that may be considered by a court regarding spousal support modifications or spousal maintenance modifications include loss of employment, receiving spouse becoming self-sufficient or receiving money from other sources (e.g., lottery, inheritance, etc.), remarriage, an accident, and other factors affecting the recipient's ability to become self-sufficient.


Eric M. Gansberg is an experienced Straten Island Attorney who works hard to ensure that your needs are met first and foremost! He has a solid background and experience to give you what you deserve! Contact Eric M. Gansberg, your Straten Island Attorney at Law!

Living Wills and Healthcare Proxy

Many of us witnessed the Terri Schiavo tragedy, about a young woman who was mentally incapacitated but did not have a living will or healthcare proxy. Her husband said that they had discussed end-of-life issues. During the discussion, she confided in him that she would not want to live under those circumstances and would not want to be placed on life support. Her parents claimed she was a devout Catholic and would never consent to anything that would end up killing her.

This legal battle could have been avoided if she had a living will or healthcare proxy, sparing her husband and parents years of agony, and ending with resentment. This vital piece of legal information can be the difference of life and death.

What Is the Difference between a Living Will and a Healthcare Proxy?

In New York, there is a difference between a living will and healthcare proxy. A living will is a document that instructs what medical resources may or may not be used to resuscitate you or sustain your life in the event you become incapacitated.

A healthcare proxy is a document that gives authority to a person whom you designate to make medical decisions on your behalf if you are unable to do so.

Living wills and healthcare proxies are an excellent way to anticipate and plan for a catastrophic event. It will ensure that your wishes are known and carried out if you find yourself in a situation where you are unable to make a medical decision.

As an experienced estate-planning attorney, Eric Gansberg can assist you in drafting a living will and a healthcare proxy to address any future medical situations where you are unable to instruct doctors, nurses, or other healthcare professionals. This simple process can save years of agony and suffering.

Eric M. Gansberg is here to help ensure that your needs are met and will legally represent you in the case of a living will or healthcare proxy crisis! He has a solid background and the experience to make sure that your needs are met first and foremost. Choose Eric M. Gansberg for your attorney needs in Straten Island!

Mortgage Refinancing and Financing Advice

As an experienced Staten Island mortgage financing and mortgage refinancing attorney, Eric Gansberg assists homebuyers throughout the Staten Island and New York City area with their financing and refinancing decisions and legal documentation. They know financing for loans can be difficult so Eric Gansberg is there to protect your interests.



One of the services they provide to you is help with a loan assessment. We will work with you to determine your needs and explore your options. We will also help you evaluate all the various types of loans available, including adjustable rate mortgages (ARM) versus fixed rate mortgages, and taking a second mortgage or home equity loan versus refinancing the whole mortgage.

They will work hard to understand your situation and assist you in determining the most viable and cost-effective manner of achieving your goals. We will review your loan document with you and make sure you understand the terms of the loan and the length of the loan.

Eric M. Gansberg is your #1 source for mortgage refinancing and financing advice in Straten Island, including: Manor Heights, Port Richmond, and Randall Manor. He has a solid background and experience to ensure that your needs are met first. Choose Eric M. Gansberg as your straten island attorney for mortgage refinancing.

Spousal and Support Maintenance

In New York, there is a difference between spousal support and spousal maintenance. Spousal support is paid to a spouse who is without sufficient income when divorce or dissolution is not imminent. Spousal maintenance (formerly referred to as alimony) is paid when a divorce is imminent, with the purpose of providing the opportunity to a spouse to rehabilitate him or herself and become self-supporting.

Usually, spousal support and maintenance have a designated length of enforcement. The amount and length of the payments can be determined by the court or by agreement in a divorce settlement or separation agreement.

You need an experienced attorney to represent you in court to protect your interests. Eric Gansberg is the attorney in New York and Straten Island who will zelously fight to protect your assets.


Whether you are a stay-at-home parent or the primary wage earner in the family, you should understand the laws regarding spousal support and maintenance. Some of the factors courts consider in determining spousal support and spousal maintenance in New York include the following:

-Age
-Health
-Education
-Financial resources
-Time needed to become self-supporting

If you need to modify spousal maintenance or spousal support it depends on whether the terms were pursuant to a court order or pursuant to an agreement. Different requirements must be proven for a modification of spousal support and maintenance, depending on whether it was established by trial or by agreement.


Eric M. Gansberg is your #1 source for a family law attorney in Straten Island, including: Greentown, Ocean Breeze, and Old Town. He has a solid background and experience to make sure your interests are put first. Choose Eric M. Gansberg, New York Attorney at Law.

Estate Planning Law

Estate planning is a comprehensive plan to pass your property on while minimizing tax consequences and reducing liability exposure in case of a catastrophic event. In short, this means your assets will be protected in the event that something happens to you.

Contrary to popular belief, estate planning is not just for the wealthy. Anybody who has a large amount of profitable assets should consider estate planning. Estate planning also can direct someone to make financial medical decisions on your behalf should be unable to do so.

Estate planning uses many tools and devises to accomplish your goals, including the following:

Legal Wills - including simple wills and pour over wills
Trusts - including revocable trusts, irrevocable trusts, living trusts, and charitable trusts
Living Wills and Healthcare Proxies - these devices deal with medical attention and decision making should you be incapacitated
Elder Law - including Medicare and Medicaid planning, and nursing home planning
Guardianships - for your children's care
Powers of Attorney - to give someone total or limited authority to make decisions on your behalf
Life Estates - to allow you or someone to be in possession of property or assets during yours (or their) lifetime, before being passed on to your designated heir

Eric Gansberg has been assisting clients throughout the Staten Island-New York City area with their estate plans for over twenty years. They understand your needs and can assist you in achieving your goals and analyzing the available tools to determine the best combination to allow you to achieve those goals.

Eric M. Gansberg is your #1 source for wills and living trusts in the Straten Island area including: Heartland Village, Livingston, and New Dorp. He has a solid record and experience to make sure your interests are met first! Choose Eric Gansberg for your attorney needs!

Prenupital and Postnupital Agreements

New York recognizes prenuptial and postnuptial agreements. The difference between them is: A prenuptial agreement is executed before marriage and a postnuptial agreement is executed after marriage.

Nuptial agreements are mistakenly considered to be only for the rich. Anyone with substantial assets, people who are remarried, and others should consider entering into a prenuptial or postnuptial agreement.Nupital agreements ensure that if either part wishes to resign from a unification they will each wal away with the assets they entered in with.

The purpose of a nupital agreement is simple: Asset Protection

Most people realize how many marriages end in divorce. While no one ever believes he or she will be part of the one out of three that will end in divorce, some believe it is prudent to engage in some premarital financial planning to avoid future disputes in the event something happens. Some even see it as a way to enter into marriage mroe quickly, while protecting themselves in the event that it doesn't work out.

There is nothing wrong with planning for contingency, including a problematic marriage, no matter how slight the possibility. The best part about Prenuptial agreements can be for a finite length of time, so if you believe your marriage will be at its peak after two years, then the prenup can simply dissolve after two years.


Anyone can get a prenuptial agreement. The majority of people requesting a prenuptial agreement typically fit into one or more of the following three categories:

Remarriage - When you have seen firsthand that not all marriages work out.
Vastly different economic circumstances - When you want to protect your assets until you are sure that the marriage will work.
-Future dispute avoidance - When you want to be prudent and avoid costly litigation over property distribution if the marriage does not work out.
-Peace of mind - Marriage is big step. A prenuptial agreement can take some of the anxiety away by letting you know what will happen if it turns out that you and your future spouse are incompatible partners

Prenuptial and postnuptial agreements must be drafted properly to be enforceable. In addition, they can be an obvious factor in a divorce.

Eric Gansberg has over twenty years experience handling family law matters, including drafting and litigating prenuptial and postnuptial agreements in Straten Island including: Clifton, Concord, and Grant City. In addition, they are a valuable resource for clients. Because of our experience and knowledge, we can assist clients in anticipating potential future disputes and helping them avoid those disagreements if the marriage fails.

Purchase and Sales Agreements

Buying a house is probably the biggest single investment you will ever make. With this in mind, you need an experienced attorney to be by your side throughout the entire process to make sure it goes smoothly. Eric Gansberg has helped buyers and sellers with residential real estate purchase agreements throughout the Staten Island-New York City area.

Eric Gansberg can assist you with your residential real estate purchase or sale involving all types of property, including the following:

-House - including a second home or primary residence
-Condominium (Condo)
-Cooperative (Co-op)
-Residential Real Estate Purchase Agreement Services
-They provide a variety of services to homebuyers and sellers


Why do you need a lwyer to buy a home?

Real estate transactions can be more complicated than you think. You need a real estate attorney for the following reasons:

-To ensure you receive the benefits of your bargain, i.e., you get everything you thought you purchased including fixtures and appliances, and ensure proper payment to sellers.
-Experienced advice on issues you may want to consider before making your purchase such as property defects, leaks, susceptibility for flooding, pest problems, and the age and condition of major items such as roof, furnace, air-conditioning, tuck-pointing, etc.
-Ensure you totally understand the document you are signing.
-To help you anticipate and address future problems.
-Handle the real estate closing.
-Take care of all title work and ensure your title is free and clear of any encumbrances.


They have over twenty years of experience assisting buyers and sellers throughout Staten Island, New York City, and the surrounding areas. Eric Gansberg has lived in the are all of his life and knows everything about real estate law in Straten Island and New York. He has helped countless other clients fulfill their dream of purchasing a home and made sure everything went according to their wishes.

Eric Gansberg is your #1 source for attorney services in New York and Straten Island. He has a solid background and experience in real estate law and purchase and sales agreements. Choose Eric M. Gansberg for your next attorney needs!

Divorce Annulment and Legal Separation

The laws in New York regarding divorce, annulment, and legal separation are complex. Eric M. Gansberg specializes in family law, which divorce is part of, and knows the ins and outs and how to best settle any disputes that may arise. For such sensitive issues you need an experienced lawyer with a solid background in family law, including divorce.


In New York, you must have grounds to obtain a divorce or an annulment.

Grounds for Divorce:

-Living separate and apart, pursuant to a legal separation agreement or court ordered separation
-Adultery
-Cruel and inhuman treatment
-Abandonment in excess of one year
-Constructive abandonment (sexual abandonment) in excess of one year
-Imprisonment
-Grounds for Annulment
-Prior spouse is living (bigamy)
-Fraud, duress, or coercion
-Lack of physical capacity
-Lack of mental capacity

Eric Gansberg can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children, marital property, spousal support, and estate planning issues.

Eric M. Gansberg is your #1 source for legal separation law on Straten Island and Woodrow. He has a solid record in showing that his client's interests come first and will fight aggrssively on your behalf. Visit Eric M. Gansberg today and get the best legal separation attorney in Straten Island to represent you!

Custody Visitation & Parenting Time

Physical custody determines where the child will reside and the determination is based on the best interest of the child. The child's best interest is determined by examining the emotional, physical, and financial needs of the child. Legal custody enables the parent to make decisions on behalf of the child, in the best interests of the child. These issues are very delicate and must be handled by an attorney with a solid background in family law.

Experienced Staten Island Child Custody Attorney:

They have been representing mothers, fathers, grandparents, and stepparents in child custody and visitation hearings for over twenty years. Eric Gansberg specializes in family law, and has even written a book about if for paralegals. He understands how sensitive of an issue child custody is, so he does his best to attempt to resolve any conflicts peacefully. But, he will fight zealously to protect your interests!

Legal Issues:

Some of the more common legal issues involving child custody and visitation are:

-Parental relocation, particularly in circumstances involving out-of-state relocation
-Non-parent custody issues, typically involving a grandparent or stepparent
-Non-parent visitation issues, often involving grandparents and siblings
-Parental visitation issues, including birthdays, holidays, weekends, special events, extracurricular activities
-Child custody or child visitation modifications, in cases involving a substantial change of circumstances
-Some factors that are taken into consideration when determining custody are the ability of the parents to provide for the needs of the child and what is in the best interest of the child.

Eric M. Gansberg is your #1 choice for child custody advice in Straten Island. He has years of experience and a solid record to put your interests first when concerned with Family Law and Child Custody in Arden Heights!