Estate Planning and Elder Law Blog

When to File an Estate Tax Return When Your Spouse Passes Away

Even if someone passes away with an estate below the federal estate tax exemption amount of $11.7 million dollars, if married, the estate should consider filing an estate tax return to capture the deceased spouse’s unused exemption amount. In 2017, the Tax Cuts and Jobs Act increased the federal estate tax exclusion amount for decedents…

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Can you be removed from a deed without your consent?

In general, a person cannot be removed from a deed without his or her consent and signature on a deed. Absent legal action with a court order, such as a foreclosure or a partition action, the only way an owner’s interest in real property can be transferred is by a properly executed, acknowledged and recorded…

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Our Attorneys Included in the 2021 Edition New York Area’s Best Lawyers List

We’re happy to announce our attorneys Nancy Burner and Kera Reed have been included in the 2021 Edition of New York Area’s Best Lawyers. Nancy was featured in the Elder Law section while Kera was included in the Trusts and Estates section. New York Area’s Best Lawyers highlights more than 6,400 lawyers recognized for their top legal talent. Click here to…

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Mistakes People Make with Do-it-Yourself Wills

Whenever I hear someone say they wrote their own Last Will and Testament, a familiar phrase comes to mind, “Don’t try this at home!” Unless you are an experienced estate planning attorney, it is not a good idea to write your own Will, or to order a Will off a generic, non-state specific website. There…

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An Estate Plan for Singles

Estate planning is just as vital for the single person as it is for a married couple. A comprehensive estate plan details how assets will be distributed upon death and also sets forth a strategy for incapacity. Incapacity can be short term or long term. A complete estate plan often includes a power of attorney,…

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Burner Law Group voted as Best Law Firm in Dan’s Papers Best of the Best 2020 List

We’re excited to announce that we have been voted as Best Law Firm in Dan’s Papers Best of the Best 2020 list. Dan’s Best of the Best is the number one guide to the best of everything on the East End. The list is dedicated to helping you have the best experience year-round on the…

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Beneficiary Trusts: Creditor Protection using HEMs

When creating a last will and testament or a living trust, there are certain planning techniques that can be advantageous to those who inherit your assets. One such technique is distributing assets to your beneficiaries in trust to provide them with creditor protection, which they would be unable to create for themselves. The IRS rule…

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Can I Transfer My Home if I am on Community Medicaid?

Given the changes to Community Medicaid, there are still a few unknowns regarding how New York State will handle certain issues. In April 2020, the State passed a new thirty-month lookback for all Community Medicaid applicants.  The law was written with an effective date of October 1, 2020.  This means any transfers or gifting from…

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BLG Turned Red for American Heart Month

The Hamptons turned red in honor of American Heart Month on Friday, February 5. Burner Law Group, an all-female law firm in New York, lit up their Westhampton Beach location in red to raise awareness for women’s heart health. Nancy Burner‚ Esq. the founder of Burner Law Group‚ P.C, and her daughter Britt Burner, Esq.,…

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Why Does a House Have to be Probated if it Passes Automatically to Heirs Upon Death of Sole Owner?

Under Article 19 of the New York Surrogate’s Court Procedure Act, real property vests in the decedent’s heirs or legatees immediately as owners date of death. So why would someone have to go through probate to take title or sell it? Although technically a probate or administration proceeding in the Surrogate’s Court is not needed…

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