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Category: Probate and Estates

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What Happens When a 529 Account Owner Dies?

New York’s 529 College Savings Program accounts are investment plans that enjoy tax-deferred growth. Withdrawals are income tax-free for qualified educational purposes associated with K-12 tuition, vocational school, college, or higher education.

April 20, 2026
Preliminary Executor

I am the nominated Executor under my mother’s Will, which my sister is in the process of contesting. I understand that a Will contest may be a lengthy proceeding. Is there any way I can be appointed to act on behalf of the estate while that proceeding plays out?

February 23, 2018
Estate and Gift Taxes in 2018 after the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount from $5 million to $10 million indexed for inflation for decedents dying in years 2018 to 2025. This amount is indexed for inflation back to 2011.

February 5, 2018
Disqualification of the Nominated Executor of a Will

The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that the Executor have any experience or expertise in handling estate matters or have any financial background.

December 8, 2017
Probate a Will

My mother recently passed away and I cannot locate her original Will; I can only find a copy. Can I submit the copy to the Surrogate’s Court for probate?

October 2, 2017
Who is Responsible for an Estate’s Debts?

My father recently passed away. He owes more than he has in assets. As his surviving child, am I responsible for his debt?

March 6, 2017
Q&A: Estate Closure for My Mother’s Estate

I am the Executor of my mother’s estate. I have collected the assets, paid her expenses, and am ready to close the estate. Can you advise me on how to proceed?

December 12, 2016
In Terrorem Clauses

In Terrorem is a term derived from Latin which translates to “in fear.” An In Terrorem provision in a decedent’s Last Will and Testament “threatens” that if a beneficiary challenges the Will then the challenging beneficiary will be disinherited (or given a specified dollar amount) instead of inheriting the full gift provided for in the Will.

December 7, 2016
Avoiding Probate is Not a Panacea

What exactly is “probate” and why would you want to avoid it? Probate is the legal process whereby a last will & testament is determined by the Court to be authentic and valid.

December 6, 2016
Transfer on Death Accounts (TOD)

A designated beneficiary on a Transfer on Death (TOD) account has only an expectancy interest in the account and cannot use the funds in the account until the death of the account holder. With no present interest the designated beneficiary cannot withdraw funds for his or her personal use during the account holder’s lifetime.

October 28, 2016
What is an Executor?

The Executor of an Estate is the individual named by the Decedent in his or her Last Will and Testament to act on behalf of the Estate. The Executor is entrusted with the responsibility of making sure the Decedent’s last wishes are carried out with regard to the disposition of the Decedent’s property, assets and possessions.

October 3, 2016