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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.


Navigating Cross Border Estate Planning
In today’s globalized world, it’s increasingly common to have assets, residences or family ties in more than one country. Whenever you deal with property abroad, or heirs in multiple jurisdictions, your estate planning becomes a cross-border matter. Cross-border estate planning is about making sure your assets, heirs, and wishes are honored and protected. It is critical to carefully plan for cross-border matters or you will face unexpected complications with the probate of a


Uncontested vs. Contested Divorce in NY: Which is better for you?
Dissolving a marriage is an extremely personal, stressful, and important decision that requires the utmost consideration. The first choice you will face when pursuing a divorce in New York is determining which type of divorce is right for you. In New York State, divorces generally fall into two categories, contested and uncontested. Understanding the difference between the two can help you make informed decisions and set realistic expectations for the process ahead. The choic


Planning for Long Term Care: Medicaid Look-Backs, Gifting, and MAPTs
Planning for long-term care is an extremely important step to take to protect both yourself and your family. The reality is that nursing homes, assisted living, and in-home care can be extremely expensive, and without proper planning, these costs can quickly drain your savings. With careful planning, you can preserve your assets and still qualify for Medicaid. Planning strategies include understanding the Medicaid look-back period, gifting, and considering an Medicaid Asset P


Power of Appointment: Make Your Estate Plan Flexible and Future-Ready
Learn how this simple legal tool can save time, reduce taxes, and ensure your assets go exactly where you want now and in the future. What Is a Power of Appointment? A Power of Appointment lets you (the Donor) give a trusted person (the Donee) the authority to decide who receives certain assets from your estate, even after you’re gone. It’s a smart way to make your will or trust flexible, allowing it to adapt as family needs or laws change. How It Works You empower a Donee li


A Guide to Partition Action in New York
Co-ownership of property, whether through inheritance, investment, or a former relationship, can sometimes lead to an intractable dispute. When co-owners are deadlocked over what to do with a property, the legal impasse can feel overwhelming. In such cases, a partition action culminating in a court-ordered auction can provide the necessary path forward. For our clients facing these complex real estate disputes, understanding partition actions is the first step toward a resolu


Advancements
An advancement is essentially an early inheritance, a gift given during a person's lifetime intended to be deducted from a beneficiary's...


Guardians Ad Litem
When an estate matter comes before the Surrogate’s Court, not every party is always in a position to speak for themselves. Sometimes heirs are minors, sometimes beneficiaries are legally incapacitated, and sometimes interested parties are simply missing or unknown. In these situations, the court may appoint a guardian ad litem to ensure that everyone’s interests are fairly represented. What is a Guardian ad Litem? A guardian ad litem (often called a “GAL”) is an attorney appo


Kinship Proceedings
When someone passes away without a will and lacks close family members such as a spouse or children, their property cannot simply remain...


NY Slayer Statute
The concept of inheritance is central to many people's end-of-life planning. However, what if the person inheriting is the one who caused...


Green Burials
A Green Burial: An Eco-Friendly End-of-Life Choice The earliest human burials date back to the Stone Age, when the remains of the...


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 qualifying for Medicaid. One of the most effective ways to do this is by setting up a Medicaid Asset Protection Trust (MAPT)—a legal tool that serves two essential purposes: protecting your assets during your lifetime and preserving them for your loved ones after your death. How It Works A Medicaid Asset Protection Trust is an irrevocable trust,


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...


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...


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...


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...


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....


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...


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...


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...


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...

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