a person pouring wine into a wine glass on a table

Our Blog

Category: Probate and Estates
HomeProbate and EstatesPage 9

Latest News

Burner Prudenti Law Sponsors TBR News Media Salute to Women Issue

We are honored to celebrate Women's History Month by sponsoring the TBR News Media Salute to Women issue. This special issue celebrates the contributions and achievements of women in business.

March 15, 2024
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
Estate and Gift Tax Planning

It is not unusual for a client to contact me and ask to review their estate plan. This may be precipitated by a recent diagnosis or simply by the passage of time. I have a checklist that I use when reviewing an estate plan if they have a taxable estate.

September 19, 2016
What is Probate?

What is probate? When a person dies and leaves a Will, and there are assets in the Decedent’s individual name that do not pass by operation of law, there is a legal process that takes place that is called probate.

August 19, 2016
Trusts and Chronic Medicaid

My father is about to enter a nursing facility. He may have to spenddown some of his money in order to qualify for Medicaid. I was told that he could pre-pay his own funeral and he may be able to pay for his children’s funeral as well. Is this true?

July 8, 2016
Can I Resign or Decline Being an Executor?

My sister recently passed away and I just found out that I was named executor of her Will. I am really busy with my job and family and really do not want to serve. Can I decline or resign from being executor?

July 6, 2016
Who Inherits My Estate If I Die Without a Will

I am unmarried and have no children. My parents are deceased and I have one sibling, a sister. I currently have no will. Who would inherit from my estate if I died without a will?

April 16, 2016
Do I Need a Will to Go Through the Probate Process?

Do all Wills have to go through probate?

March 18, 2016
2016 New York State Estate Tax Update

I read somewhere that the New York State Estate Tax Exemption was increasing again this year, could you explain this to me?

February 8, 2016
Credit Card Debts of Decedent

My mother passed away with $20,000 in credit card debt. As the Executor of her estate, am I liable for these bills?

January 20, 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