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Navigating the complexities of Estate Planning, Trust Settlement, Probate Proceedings, Administration Proceedings, and Marital Agreements can be overwhelming, but having the right legal guidance makes all the difference.


Doris Duke's Estate and the Weight of a Testator's Choice
Doris Duke died in October 1993 leaving an estate worth more than a billion dollars, and the years that followed produced one of the most closely watched fiduciary disputes in modern New York practice. What makes it useful as a planning example is not its size but a single decision the will made. Duke named, as the one individual to serve as executor of that fortune, the man who had worked as her butler. Nearly everything after that traces back to the choice, and to a questio


Joint vs. Separate Revocable Trusts in New York: Which Is Right for You?
Married couples often assume that because they share their lives, they should also have one trust. That is not necessarily the best answer. In New York, a married couple can use either one joint revocable trust or two separate revocable trusts. Both can provide a way to manage assets during life, plan for incapacity, and control what happens after death. The better choice depends on the couple's property, family circumstances, and what each spouse wants to happen to his or he


Brooke Astor's Estate and the Betrayal Closest to Home
Brooke Astor lived to 105 and spent most of her adult life giving money away. What makes her estate a useful planning example is not her fortune or the famous names attached to it, but her last decade, when the questions surrounding her became ones any family can face. Who decides when the client can no longer decide? Do documents signed late in life reflect what the client truly wanted? And what happens when the person closest to a declining parent is also the one who gains


The Pied-à-Terre Tax: What New York City Property Owners Need to Know
On July 1, 2026, New York City began enforcing the state’s first pied-à-terre tax, an annual surcharge on residential property that does not serve as an owner’s primary residence. The measure had been proposed by successive administrations for more than a decade before finally pas sing this year, and it now applies broadly enough that many owners of second homes, and any trust or LLC that holds one, need to understand where they stand. Who the Tax Applies To One- to three-fam


Huguette Clark's Estate and the Question of Who Was in the Room
Huguette Clark died in 2011 at the age of 104, having spent her last two decades in a Manhattan hospital room while three extraordinary homes sat empty and cared for. Her estate is a useful planning example, and not only for its size. Nearly every condition that makes a plan vulnerable appeared at once: great age, deep isolation, dependence on a small circle of caregivers and advisers, two conflicting wills signed weeks apart, and beneficiaries who controlled access to her. A


Marilyn Monroe’s Estate and the Legal Afterlife of a Legacy
Marilyn Monroe died more than sixty years ago, yet legal and commercial questions connected to her estate have continued long after her death. That is what makes the estate useful as a planning example. For most people, estate planning is about deciding who receives property after death. But for clients with meaningful assets, complicated family relationships, valuable personal property, public visibility, or a strong sense of legacy, estate planning is also about preserving


Why You May Need a Will Even If You Think Otherwise
Many people assume that a Will is only necessary if they are wealthy, elderly, seriously ill, or dealing with a complicated family situation. That is incorrect. A Will is not only about distributing money. It is about creating structure, authority, and clarity at a time when the people left behind may be grieving, confused, or in disagreement. Even a modest estate can become more difficult when no one has clear authority, no one knows what the deceased person wanted, or famil


Temporary Administration in New York: A Useful Tool When an Estate Is Stalled
When a New York estate becomes delayed, families often assume that nothing can be done until the Surrogate’s Court appoints a full administrator. That is not always correct. In the right case, the court may appoint a temporary administrator when delay in granting full letters is creating risk for the estate or making it difficult to protect estate property. Temporary administration is different from regular administration. A regular administrator is the fiduciary who is ultim


How Do I Inherit a Car in New York After Someone Dies?
When someone dies, the family usually focuses on the house, bank accounts, and the will. The car is often an afterthought. But in New York, transferring a car after death can be more complicated than people expect. The first thing to understand is that having the keys does not equal owning the car. The DMV will look at whose name is on the title and whether the person trying to transfer the car has the legal authority to do so. If the deceased person had a surviving spouse, N


Lifetime Gifting and Control: A Strategic Tension in Estate Planning
Lifetime gifting is often presented as a straightforward planning tool—an efficient way to reduce taxable estates and transfer wealth. In practice, however, it introduces a fundamental tension between tax efficiency and control. Once assets are transferred during life, control is, by definition, reduced or relinquished. This is not merely a legal formality. It has practical implications for access, flexibility, and future decision-making. Clients who gift aggressively may lat


Trusts and Wills: When Probate Avoidance Actually Matters
The distinction between a Will and a trust is often framed in overly simplistic terms, with probate avoidance presented as the central advantage of a trust-based plan. While that can be true, the analysis is more nuanced. Probate in New York is not inherently problematic. For many estates, it is a manageable, structured process that provides court oversight and clear authority for fiduciaries. The costs and delays often associated with probate tend to arise in specific circum


Prenuptial Agreements and Estate Planning: The Risk of Misalignment
Prenuptial agreements and estate plans are often drafted at different times, under different circumstances, and, in some cases, with different counsel. When these documents are not carefully coordinated, the result can be internal inconsistency that undermines both. A prenuptial agreement may address waiver of elective share rights, define separate and marital property, and establish expectations regarding inheritance. An estate plan, by contrast, governs the actual dispositi


Blended Families and Estate Planning: Structuring for Clarity and Stability
Estate planning becomes materially more complex in the context of a blended family. Competing expectations, differing financial histories, and the presence of children from prior relationships create a dynamic that default structures cannot address. New York law, left to its own devices, applies rigid rules of intestacy that do not account for these nuances. The result is often a distribution that reflects statutory hierarchy rather than personal intent. Even where a Will exi


Choosing a Fiduciary: The Most Important Decision in Estate Planning
One of the most consequential decisions in any estate plan is also one of the least carefully considered: selecting a fiduciary. Whether serving as executor under a Will or trustee of a trust, a fiduciary is entrusted not only with administrative authority but also with discretion, judgment, and, often, the management of sensitive family dynamics. Clients frequently approach this decision through a lens of personal loyalty. A spouse, sibling, or close friend is chosen based o


Pet Ownership in Prenuptial Agreements: Moving Beyond Property
Pet ownership has become one of the more nuanced issues in modern prenuptial agreement drafting. As companion animals increasingly occupy a place in clients’ lives that feels far closer to family than to property, courts have shown a growing reluctance to treat them as ordinary assets in every respect. The result is a developing legal landscape that no longer fits comfortably within traditional property analysis, even if it has not fully adopted a custody-based framework. His


Specific Gifts and Probate in New York
Clients often assume that if a Will says, “I give my condominium located at [address] to my daughter,” the transfer is effectively automatic. The property is specifically identified. The intended beneficiary is named. Nothing appears uncertain. From a practical standpoint, many people then ask the next question: if that condominium is the only asset passing under the Will, does anyone really need to probate the Will at all? In New York, the answer is generally yes. A clause l


Trump Accounts
What is a “Trump Account” Trump accounts were established under the One Big Beautiful Bill Act (OBBBA) as federally backed, tax-advantaged investment accounts for American children born between January 1, 2025, and December 31, 2028. Designed for long-term growth, these accounts allow funds to be used after the child turns 18, functioning similarly to an IRA. The government provides an initial $1,000 contribution, and parents can continue adding funds to expand the investment


FIRPTA and Cross-Border Real Estate: Withholding, Exposure, and Structural Planning
For non-U.S. persons investing in United States real estate, the Foreign Investment in Real Property Tax Act (FIRPTA) introduces a powerful compliance mechanism that operates independently of estate tax rules. In high-value transactions, its implications are immediate and material.nFIRPTA requires that when a foreign person disposes of U.S. real property, the purchaser must withhold 15% of the gross sales price and remit it to the Internal Revenue Service. This withholding ap


Medicaid Asset Protection Trusts (MAPTs): Structure, Timing, and Strategic Considerations in New York
For individuals engaging in advance long-term care planning, the Medicaid Asset Protection Trust (MAPT) is one of the most frequently utilized structures. Properly designed and implemented, it allows assets to be repositioned in a manner that can preserve wealth while maintaining eligibility for nursing home Medicaid after the expiration of the five-year look-back period. A MAPT is not a shortcut. It is a formal legal restructuring of ownership that requires careful drafting,


Understanding New York's Medicaid Five-Year Look Back and Transfer Penalties
For individuals planning ahead for long-term care in New York, the five-year Medicaid look-back period is the central structural constraint. It is also the most misunderstood. Medicaid eligibility for nursing home care is not determined solely by an applicant’s financial condition on the date of application. The Department of Social Services reviews asset transfers made during the preceding sixty (60) months. Any transfer for less than fair market value during that period may

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