My Spouse Died & I Want to Sell Our Home - What are the Tax Ramifications?

A significant percentage of married couples in New York own their home jointly with their spouse, usually as tenants by the entirety. This means that when one of them passes away, the surviving spouse becomes the 100% owner of the home automatically.  It is also not uncommon for the surviving spouse to consider selling the […]

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Estate Planning for NY's Unmarried Partners

Estate Planning for Unmarried Partners Estate planning is important for married couples, but it is absolutely vital for couples who choose not to get married.  Unmarried partners do not have the same privileges and protections as a legally married spouse – without proper planning, they will be unable to participate in your end-of-life care and […]

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Ancient Document Exception for a New York Will

Probate is the process by which a will is validated by the surrogate’s court. Unfortunately, problems can arise when a will offered for probate many years after it was made. Witnesses can be very difficult to find so many years after a will is signed, and in many cases, they have predeceased the testator. Since […]

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Transferring your Co-op to a Living Trust

If you are considering an update to your estate plan or perhaps you are looking to engage in estate planning for the first time, you may be considering creating a Living Trust or a Revocable Trust. A Living Trust is a trust established and funded during your lifetime - it can serve a multitude of […]

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Different Types of Supplemental Needs Trust

A Supplemental Needs Trust (“SNT’) is a trust created for the benefit of a disabled individual to provide them with financial means without disrupting their eligibility for government benefits requiring limited resources and income like Medicaid and SSI.  There are essentially three types of supplemental needs trusts:  a first-party SNT, a third-party SNT, and a […]

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Minor Guardianships Under New York State Law

If you are a parent of a minor child, one of the most important parts of your estate plan will be the nomination of a guardian.  If you were to pass away without having named a guardian, or there is a disagreement over the nominated guardian, those interested in the care of your children will […]

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Steps To Take When a Loved One Dies in New York

Sadness, loneliness, and shock are just some of the intense emotions people feel when they lose a loved one. Many are at a loss when it comes to what their responsibilities in such an uncertain time. Here, we lay out a few steps to consider if you find yourself in this unenviable position. Burial  On […]

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Guardianship Vs Power of Attorney Law In New York State

The law provides two different mechanisms to allow someone to direct your medical and financial affairs in the event of physical or mental incapacity.  The first is through the execution of estate planning documents referred to as advance directives and the second is by petitioning the court for the appointment of a Guardian for the […]

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The Reverse Mortgage: Friend or Foe

A reverse mortgage is often utilized by older Americans to supplement their income during retirement by accessing the equity in their home.  The proceeds of a reverse mortgage can be used for any financial obligations the senior may have, including routine maintenance of their home.  The reverse mortgage is a complex type of mortgage loan […]

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How an In Terrorem Clause Can Be Used In NY to Protect Your Estate Plan

When engaging in estate planning, one of your goals is likely to prevent or minimize fighting within your family after your death.  A qualified estate planning attorney can help you achieve this goal by drafting your Will and/or Trust in clear and simple terms and to make sure all the technical requirements of execution are […]

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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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