a person pouring wine from decanter into a wine glass on a table

Our Blog

Category: Probate and Estates

Latest News

What Are the Tax Implications of Transferring Property Into a Trust?

While a trust technically becomes the owner of your home when you sign a deed transferring ownership to a grantor trust, rest assured that you will still receive the same real estate tax exemptions and/or benefits that you received when your home was owned in your individual name.

November 19, 2024
What Tax Returns Should Be Filed When a Person Dies?

The Executor or Administrator of an Estate may be required to file three separate returns: an individual tax return for the decedent, estate income tax return and estate tax return.

April 7, 2020
Appointment of an Administrator

When a person does their estate planning, he or she will typically prepare a Last Will and Testament. A Will contains a provision that nominates an Executor.

April 6, 2020
Compensation of an Executor

Question: My aunt has nominated me as the Executor of her estate. Someone told me that I am entitled to payment for serving as Executor, is that true?

February 24, 2020
Estate and Gift Tax Update for 2020

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The act is set to sunset on December 31, 2025.

December 20, 2019
Contesting a Will

Question: My mom had a Will from 10 years ago that left everything equally to me and my siblings. Right before she died, I found out my brother made her sign a new Will that left everything to him. I don’t think she understood what she was signing. What should I do?

October 23, 2019
Further Estate Planning after the Death of a Spouse

Losing a spouse is an extremely difficult time in life and handling the administration of their estate can be a stressful experience. When you are ready, it is important to seek the advice of an estate planning and elder law attorney to discuss what needs to be done on behalf of your spouse’s estate and also what planning you need to do for your own estate.

October 11, 2019
Removal of a Fiduciary, It’s Not as Easy as You May Think

If you are the beneficiary of an estate or trust and you think that the fiduciary or person in charge is not meeting their obligations, there are procedures in which they can be removed. Surrogate’s Court Procedure Act “SCPA” § 719 lists several grounds upon which a fiduciary can be removed.

October 7, 2019
Medicaid Estate Recovery

Question: My mother, who is widowed, is receiving Community Based Medicaid services. She currently owns a home in her own name; she has been hesitant to transfer it out of her name. I am concerned about Medicaid having a claim against the house after her death, am I right to be concerned?

September 25, 2019
Disqualification of Nominated Executor

Question: My father recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us. My father’s will has nominated my sister as Executor. She declared bankruptcy several years ago and I do not think that she should serve as Executor. Do you have any advice?

September 18, 2019
Dying Intestate

Question: My mother just passed away. She did not have a Will, but I know that she wanted me to inherit everything as I am her only child. She was estranged from her husband, who is not my father. I am afraid that without a Will her assets will be taken by the State. What is going to happen?

September 14, 2019

Our Blog

Thought Leadership

An Irrevocable Life Insurance Trust (“ILIT”) is a valuable estate planning tool used to reduce estate taxes – known as death taxes during an election year. Whether you need an ILIT depends on how much your assets are worth now or what your potential net worth is in the future.

January 30, 2023 Read Article

Whether an executor needs to hire an attorney depends on the type of assets, size of the estate, family dynamics, estate tax considerations, and outstanding bills.

January 4, 2023 Read Article

Most people do not realize that a Will likely does not control who collects on a life insurance policy. The beneficiary named on the policy supersedes the Will. So long as the policy owner correctly designated a beneficiary on the policy, that designation controls.

December 7, 2022 Read Article

In New York State, a parent has no obligation to leave an inheritance to a child. Many other countries have “forced heirship” which prohibits parents from disinheriting children, but Louisiana is the only US state with such a law.

November 4, 2022 Read Article

The word is defined as “the ability to be easily moved,” but in the context of Trusts & Estates, it means much more. In this regard, portability is one of the strongest tools in the planner’s toolbox to reduce or eliminate federal estate taxes after the deaths of a married couple.

August 29, 2022 Read Article

Surrogate’s Court hears cases involving the affairs of decedents, the probate of wills, and the administration of estates. The Surrogate’s Court also handles certain types of guardianship petitions and adoptions.

August 3, 2022 Read Article