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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.
What is a Medicaid Asset Protection Trust (MAPT)?
As the cost of long-term care continues to rise, many individuals are concerned about how to protect their life savings while still...
May 152 min read
Estate Planning For Foreign Property
It’s increasingly common for U.S. residents to own property abroad—whether it’s a vacation home, an inherited family residence, or...
Apr 241 min read
How to Prepare for Your Digital Afterlife
When planning your estate, it’s important to think beyond your personal property—your digital life matters too. Your social media...
Feb 171 min read
What is Undue Influence and why is it prohibited?
Creating one's Will is an important right where the testator, or Will maker, directs how his or her property will be distributed upon...
Aug 22, 20242 min read
What is exempt property (or set off) property in NY and who is entitled to receive it?
Exempt property for the benefit of family as set forth in EPTL Article 5-3.1 explains that if a person dies leaving a surviving spouse or...
Aug 22, 20242 min read
How do you properly revoke a Will?
Revocation of Wills is addressed in EPTL Article 3-4.1 and explains that there are various ways that a will can be revoked or altered....
Aug 22, 20242 min read
Pet trusts: Caring for your fur babies.
Honorary Trusts for Pets is addressed in EPTL Article 7-8.1, which allows for New York pet owners to create a trust fund for their furry...
Aug 22, 20242 min read
What are Charitable Lead Trusts (CLT) and Charitable Remainder Trusts (CRT)?
A CLT is a type of split interest trust where a charity has the initial interest in CLT property while the remaining property is either...
Aug 22, 20243 min read
What are the differences between Medicaid and Medicare?
Not all of us are fortunate enough to be able to independently cover our health care costs as we age. Whether due to the rising cost of...
Aug 22, 20243 min read
What is testamentary capacity and why does it matter?
Testamentary capacity refers to an individual’s mental and legal ability to create or alter their will. The testator, the person making...
Aug 22, 20243 min read
Why does the Surrogate Court impose bond requirements on its fiduciaries?
The Surrogate’s Court is responsible for overseeing the affairs of decedent’s, including administration of estates, trusts, and...
Aug 22, 20242 min read
How do I object to the probate of a Will?
A Will contest is a legal proceeding in the Surrogate’s court that is available for an individual who seeks to question the validity or...
Aug 22, 20242 min read
What is the purpose and benefit of having a Supplemental Needs Trust?
A Supplemental Needs Trust (SNT), also known as a Special Needs Trust, is designed to manage assets and provide for the financial needs...
Aug 22, 20242 min read
What inheritance rights does a surviving spouse have in New York?
Absent a premarital agreement or other marital waiver, a surviving spouse is entitled to the greater of $50,000.00 or one-third of the...
Aug 22, 20241 min read
How should I handle digital assets?
In today's increasingly online world, it is very common for people to pass away with digital property. For example, it is likely that you...
Aug 21, 20241 min read
Why Place a Power of Appointment in a Will or Trust?
A power of appointment in a Will or Trust allows the testator (the person making the will) to give someone else the power to decide how...
Aug 21, 20241 min read
What are per stirpes and per capita distributions and how do they affect an estate plan?
There are two regimes that work independently and together to allocate shares of a decedent's intestate estate. The per capita regime...
Aug 21, 20242 min read
What Is A Bypass Trust?
A married couple may use a bypass trust to protect their assets and to preserve the federal and state estate tax exemptions. Upon the...
Aug 21, 20241 min read
What types of assets belong in my Will?
Only probate assets, such as real property titled in one's own name or as tenants-in-common (no joint tenancy), personal property, bank...
Aug 21, 20241 min read
What are the benefits of forming a living trust?
A revocable or living trust allows the trust creator to hold assets in the name of the trust which are transferred to a successor trustee...
Aug 21, 20241 min read
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