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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
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
Executor Commissions in New York State

I was named as the Executor in my mother’s Will. Do I receive a fee for serving as Executor of the Estate?

June 1, 2018
Who Inherits My Property If I Die Without a Will?

I am an unmarried person and do not have any children. My parents died many years ago and I have no siblings. Who inherits my property if I die without a will?

April 6, 2018
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
Estate Closure and Fiduciary Liability

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

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