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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.


Kinship Proceedings in New York Surrogate’s Court: Establishing Heirship in Intestate Estates
When an individual dies intestate—without a valid will—and leaves no surviving spouse or descendants, the distribution of the estate does not occur automatically. In such cases, the Surrogate’s Court must determine the decedent’s lawful distributees pursuant to New York’s intestacy statute, EPTL § 4-1.1. Where immediate family members are absent, the court initiates what is commonly referred to as a kinship proceeding. A kinship proceeding is a formal evidentiary process thro


The Slayer Rule in New York: Disinheritance by Operation of Public Policy
Inheritance law presumes that beneficiaries take property by virtue of relationship or designation. But New York has long recognized a foundational limitation: no individual may profit from his or her own wrongdoing. When a beneficiary intentionally causes the death of the decedent, that individual is barred from inheriting—by will, by intestacy, or through non-probate transfers. Although New York does not codify a statute titled the “Slayer Statute,” the rule is firmly embed


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 deceased were buried directly into the earth. Green burials, which have grown in prominence since the 1990s, take inspiration from these earliest human practices. Green burials have gained popularity due to their rustic simplicity, especially when compared to traditional funerals. Simple shrouds or biodegradable caskets are used in lieu of metal


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,


Cross-Border Real Estate Ownership: Structural Planning for U.S. and International Estates
For high-net-worth individuals, ownership of foreign real estate is rarely incidental. It may reflect lifestyle diversification, family legacy property, business expansion, or strategic residency planning. Yet while acquisition is often straightforward, succession and tax treatment are not. Cross-border ownership introduces overlapping legal systems, competing tax regimes, and potential exposure in multiple jurisdictions. Without coordinated planning, a foreign property can b


The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA): Controlling Digital Property in Modern Estate Planning
Estate planning no longer concerns only tangible property and financial accounts. Increasingly, an individual’s wealth, records, communications, and intellectual property exist in digital form. From cryptocurrency and online brokerage accounts to cloud storage, email, and monetized social media platforms, digital assets now represent both financial and personal value. In New York, fiduciary access to those assets is governed by the Revised Uniform Fiduciary Access to Digital


Undue Influence in New York Estate Planning: Preserving Testamentary Autonomy
The ability to determine how The ability to determine how one’s wealth will be distributed at death is among the most fundamental rights recognized under New York law. A properly executed will is not merely a financial instrument; it is an expression of autonomy, judgment, and deliberate intent. The Surrogate’s Court protects that right rigorously. It polices just as rigorously any effort to subvert it. Undue influence is one of the principal grounds upon which a will may be


Exempt (Set-Off) Property in New York: Immediate Family Protections Under EPTL § 5-3.1
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 children under the age of twenty-one, then certain property items are not considered assets of the Decedent’s estate and instead, are passed down to the Decedent’s surviving spouse or children. During the settlement of the Decedent’s estate, exempt property is deemed as being reasonably required for the support of the surviving family. The


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...


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...


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...

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