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Category: Probate and Estates
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Latest News

Hon. Gail Prudenti Selected as a Top Lawyer in Long Island

We're excited to announce that Hon. Gail Prudenti has be recognized by the Long Island Herald as a 2024 Top Lawyer of Long Island award recipient for her excellence in the Trusts and Estates practice area.

April 22, 2024
Creditors

Question: I loaned my friend money and, before he could repay me, he died. Will I still be able to collect the debt owed to me?

April 24, 2019
Intestacy

Question: My dad died. He was remarried and survived by a wife and two children from that marriage. I’m a non-marital child. There is no last will and testament. I think he owns some property in his own name but everything else is joint with his wife. What happens now? What rights do I have?

March 20, 2019
Estate and Gift Tax Update 2019

Question: Can you tell me about any updates to estate and gift taxes for 2019?

January 31, 2019
Recent Court Decision Suggests that Banks Cannot Evict Surviving Spouses from Homes Subject to a Reverse Mortgage

With people living longer, many turn to a Home Equity Conversion Mortgage, more commonly referred to as a reverse mortgage, for additional income. Reverse mortgages allow seniors to access the equity in their homes and convert same into an income stream.

January 27, 2019
Dividing the Personal Property of an Estate

Question: My mother recently passed away. I am the nominated executor of her estate. Her Will directs that all of her personal property is to be shared equally among her children. Can you give me any suggestions about how to divide the personal property?

January 8, 2019
Surrogate’s Court Procedure Act

My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

November 16, 2018
Inheritance

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

October 24, 2018
Compelling a Fiduciary to Account an Estate

Question: My sister is the Executor of my mother’s estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don’t feel comfortable signing the Receipt and Release. What should I do?

September 28, 2018
Right of Sepulcher

Question: I was chatting with friends over coffee this evening and someone mentioned the “right of sepulcher”. What exactly is that right?

September 7, 2018
Estate Closure and Fiduciary Liability

I am the Executor of my father’s estate. I have collected the assets and paid the expenses and am ready to close the estate. How should I proceed?

June 22, 2018

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