Heir at Law Real Estate in NY: Rights, Risks & Sales When There's No Will

When a New Yorker dies "intestate" (without a will), their real estate doesn't simply sit in limbo. New York law dictates who inherits, but the path to clear ownership for these "heirs at law" involves complexities, especially when it comes to selling the property. This is particularly true concerning potential risks within the first couple […]

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When to Update Your Estate Plan in New York

As a trusts and estate attorney serving clients here in Queens and throughout New York City, I often emphasize that estate planning is not a "set it and forget it" task. Think of your estate plan as a living set of documents, designed to evolve with you through the various chapters of your life. Just […]

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Selling Real Estate for an Incapacitated Person in NY: An Article 81 Guide

When a New York property owner can no longer make decisions about their real estate due to illness or cognitive decline, families often face a legal hurdle, especially if a sale is needed to fund care or manage finances. An "incapacitated" individual cannot legally sell property. New York's Article 81 Guardianship proceeding provides the legal […]

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Guide to Fiduciary Roles and Responsibilities in New York

When someone dies in New York State, their estate often requires management by a fiduciary that has to be appointed in the Surrogate’s Court of the county in which they were domiciled in. These appointments create distinct legal roles that carry significant responsibilities and powers. Let's explore the key aspects of estate administration and the […]

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Testamentary Trusts for Minors: A Strategic NY Estate Planning Approach

Understanding Testamentary Trusts A testamentary trust is a legal arrangement created through a last will and testament (or a within a living trust) that becomes effective after the death of the trust creator (testator) during a probate proceeding. These trusts provide a powerful mechanism for protecting and managing assets for minor children, offering significant advantages […]

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Article 81 Guardianship Accountings Under NY Mental Hygiene Law

Article 81 Guardianship Accountings Article 81 guardianships are court proceedings to protect and support individuals with developmental disabilities or cognitive impairments who require assistance managing their personal and financial affairs. Enacted as part of New York's Mental Hygiene Law, these guardianships are unique in their approach, emphasizing the preservation of individual autonomy and rights while […]

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Income Taxes vs Estate Taxes In NY: Is It Better To Gift Assets Or Bequeath Them?

It was once commonly believed that it was best to make gifts of your assets during your life rather than wait until your death to pass them to your loved ones.  This was based on the idea that doing so would allow you to avoid paying taxes on the assets in the form of estate […]

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Benefits of Revocable Living Trusts Under NY State Law

A revocable trust is a type of living trust (A living trust is set up during the donor’s lifetime) that can be amended or revoked by the donor during their life. This is distinguishable from testamentary trusts which are created under the donor’s Last Will and Testament and only effective upon the donor’s death, and […]

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NY Gestational Surrogacy: What It Means for Wills and Estate Planning

There are many ways to start a family.  On February 16, 2021, New York State made it easier for New Yorkers to utilize the option of gestational surrogacy to conceive a child by legalizing compensated gestational surrogacy within the Child-Parent Security Act (the “CPSA”).  The CPSA gives New York one of the most comprehensive sets […]

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Putting An LLC In A Trust

Do you own a business or an investment real property in a Limited Liability Company, also known as an LLC? You may have completed an estate plan to protect your property and provide for your family’s future, but have you considered your LLC as part of your plan? By transferring your LLC into a trust, […]

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Attorney Advertising Disclaimer: The estate planning, probate, elder law or other New York legal information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting an attorney can have disastrous results. Prior results do not guarantee similar outcomes. Please contact a Queens estate planning attorney at one of our law firms located in New York City. This web site is not intended to solicit clients for matters outside of the State of NY, although we have relationships with attorneys and law firms in states throughout the United States. Free consultation applies to an initial phone consultation.
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