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Category: Estate Planning
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Can a Minor Receive Inheritance in New York?

When a person under the age of 18 is set to receive more than $10,000.00 as an inheritance under an estate, the New York Surrogate’s Court requires that a guardian be appointed to protect the minor’s property interest.

December 11, 2025
Can I Resign or Decline Being an Executor?

My sister recently passed away and I just found out that I was named executor of her Will. I am really busy with my job and family and really do not want to serve. Can I decline or resign from being executor?

July 6, 2016
To Probate or Not to Probate

While discussing an estate plan with a client, she stopped me and said “What is probate.” Sometimes we forget to explain the simplest concepts. Probate is the process by which a Last Will and Testament is given effect.

June 29, 2016
Do Not Resuscitate (DNR) Orders

My dad signed a DNR when he was recently admitted to the hospital. Will this be effective when he is discharged back to his home?

June 3, 2016
The Difference Between Revocable and Irrevocable Trusts

My wife and I recently executed a Revocable Trust and re-titled our home and some bank accounts into the name of the trust, thinking that we had taken the first steps toward protecting our assets should one or both of us need Nursing Home care in the future. I just heard from a friend of mine that a Revocable Trust does not protect my assets and that what I should have considered was an Irrevocable Medicaid Trust, could you explain the difference?

May 20, 2016
Agent Responsibilities Under a Durable Power of Attorney

I was recently named as an agent on my mother’s Durable Power of Attorney which included a “statutory gift rider.” What is this document and what responsibilities will I have?

May 2, 2016
Power of Attorney (POA) on a Bank Account

I am listed as power of attorney on my mom’s bank account. Will I be able to access this money after she dies to pay for the funeral?

April 22, 2016
Lost Will

I recently executed my will and other estate planning documents. I want to keep it in a secure location; however I am concerned that I may store it in a place where my executor cannot find it. What happens if the executor cannot find my will when I pass away?

April 16, 2016
Who Inherits My Estate If I Die Without a Will

I am unmarried and have no children. My parents are deceased and I have one sibling, a sister. I currently have no will. Who would inherit from my estate if I died without a will?

April 16, 2016
Capacity to Sign a Power of Attorney

My mother has just been diagnosed with Dementia. It is in the early stages and she is still very lucid, can she still sign a Power of Attorney?

April 15, 2016
Grantor Trust Rules

The grantor trust rules came about after high earners tried to lower their income tax consequence by scattering their income to various trusts over which they maintained control. By spreading their income out, the earners were subject to the lower tax brackets.

March 18, 2016

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Thought Leadership

Partner Britt Burner, Esq. explains how often to review your estate planning documents and the life changes that may prompt a review.

May 1, 2024 Read Article