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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]