You go to an estate planning attorney to draw up your will and know exactly who gets what when you pass away.  Then the lawyer asks you who you want to be the executor of your will, and you ask the most logical of questions: “What is an Executor?”, or, perhaps, you have been named […]

What is the Executor of an Estate? An executor is a person specified in a will to handle administrative tasks on behalf of the estate.  The primary responsibilities of an executor include collecting assets, paying valid debts, paying taxes, and accounting to the beneficiaries and distributing the net assets to the beneficiaries.  An executor can […]

Your long-ill mother dies after spending years in a nursing home.  She leaves behind a sizeable estate and, for years leading up to her death, had talked with both you and your two siblings about how she was intending on dividing her property and assets upon her death equally between the three of you.  You […]

Being left out of a will can come as a shock. People are often left feeling powerless and confused when they learn that they have been disinherited improperly. So what are the rights of someone who has been disinherited? After having represented many people in that situation, I will attempt to discuss the steps in […]

As the saying goes, “nothing is certain but death and taxes.” In the context of estate planning, this reality drives the estate planner’s desire to minimize taxes upon death as much as possible. In fact, the world of estate planning is consumed with the minimization of taxes in all of its forms. New York estate […]

I am often asked, Roman, How Long Does It Take For A Will To Go Through Probate in NY? The answer always depends on the particular circumstance of the case. Variables such as whether the will is being contested by an interested party, the size of the estate, the nature of the assets in the […]

Many people think that probate is always a long and expensive process. In reality, most probate matters are handled quickly and efficiently. What's The Cost Of Probate in NY? Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedent’s next of kin (called distributees) […]

Imagine buying a beautiful new family car, taking it home, and leaving it parked in your garage. Then, instead of using your shiny new vehicle to transport your family, you use public transportation to get you and your family around. As silly as that sounds, that is what happens to many clients who establish trusts […]

As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capital gains tax on the sale”? As a brief introduction, capital gains tax is the government’s way of taxing […]

If you have been named as the executor of a decedent’s last will, you don’t have authority to sell or distribute their assets until you have been appointed by the Surrogate’s court. That process, called probate, can take many months, especially if someone is contesting the will. The appointment of an executor is formally made […]