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What Are Letters Testamentary and Letters of Administration?
When a person passes away in New York state with assets that are solely in her name, a legal representative needs to be appointed to manage her estate. The Surrogate’s Court of the county where that person lived prior to their death appoints these representatives and grants them authority to act.
Depending on your goals, it may make sense to transfer ownership of your whole life policy to a trust. Transferring ownership of a policy to a trust can support long-term care planning, estate tax planning, creditor protection, probate avoidance, and control over when beneficiaries receive death benefit proceeds.
A trust may contain the correct tax provisions, beneficiary protections, and fiduciary instructions, but the plan only works if the right assets are actually connected to the trust.
Probate is often triggered not by major assets, but by small details that were unintentionally overlooked.
Minors cannot be left assets outright in New York. Minor beneficiaries must inherit in trust. If a minor inherits outright, a guardian must be appointed by the Surrogate's Court.
A timeshare is an asset, like any other – and if you own one, you should consider implementing an estate plan that considers and protects it.
Estate planning is especially challenging for blended families. They must consider how an estate plan will impact the surviving spouse, biological children, and stepchildren.
Leaving instructions in your estate planning documents on how a seasonal property will continue to be used and/or owned after your death, can prevent friction amongst family members and ensure your investment can be enjoyed for decades to come.
Protecting one’s home in a Medicaid Asset Protection Trust (MAPT) is a common planning tool.
A bypass trust—also known as a credit shelter trust—is a type of trust commonly used in estate tax planning for married couples.
Crypto is a system of digital tokens that can be used as a currency between individuals in an online marketplace.
