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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.
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...
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...
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...
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...
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...
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...
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...
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...
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