NOT AS USEFUL BUT STILL GOOD TO HAVE This blog has explored the issues revolving around an ABC trust in the past and how its previously primary reason for existence is now no longer a consideration for many people. The primary reason for their existence was to ultimately lowering the…
Articles Posted in new york estate planning
WHAT HAPPENS IF MY HEIRS OR BENEFICIARIES PASS AWAY AT THE SAME TIME AS ME?
MODERN PROBLEM WITH ANCIENT ROOTS New York is one of approximately 19 states, along with the District of Columbia and the Virgin Islands to specifically adopt the Uniform Simultaneous Death Act in some significant form or another. The law was drafted in 1940 and amended through the decades, last time…
ARBITRATION CLAUSES IN WILL OR TRUST
NEW YORK RULE ON ARBITRATION FOR PROBATE DISPUTES The idea of using quasijudicial means to settle disputes is as old as the country itself. More specifically arbitration is a method that parties utilize that is usually cheaper, quicker and often with much less formality, yet still adheres to principles of…
INHERITING A LEASE
VALUABLE ASSET A residential lease in New York City or any desirable locale can provide many benefits. Some people wait years to get into a rent stabilized apartment. There is even a Seinfeld episode where Elaine quips that some people scan the obituaries to see if someone in a…
WHEN YOUR ATTORNEY IS A POTENTIAL WITNESS IN SURROGATE COURT
WITNESS ADVOCATE RULE In New York, as well as perhaps every other jurisdiction, an attorney may not serve as an attorney as well as a witness in the same case. Rules of Professional Conduct, Rule 3.7 is mandatory and not permissive. It does not matter if it is a bench…