New York Estate Planning & Elder Law BlogThe advantage of including a trust in your estate plan is that trusts usually avoid probate. The beneficial effect of that advantage is that your beneficiaries may gain access to the assets held in trust faster than those assets transferred via will. When used optimally a trust may minimize estate taxes. Trust can be arranged […]
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Mistakes to Avoid When Establishing Trusts, Part 2
This is the last post in our in-depth series of trusts and why and how to include them in your estate plan. For prior topics, click here. We were last discussing common mistakes we see in the establishment of trust instruments. Our last post examined failing to fund the trust. The next topics surround beneficiary […]
A Quick Guide to New York MOLST Forms
One of the common responses that many people have as they learn about estate planning is that there are a number of estate planning documents. In addition to things like wills, living wills, advance directives and powers of attorney, there also also a number of other important documents. In New York there are Medical […]
Lessons Learned from In re Peter Val Preda Trusts
The Vermont Supreme Court recently heard the case of In re Peter Val Preda Trusts, which introduced some important estate planning issues that all individuals interested in creating trusts should understand. Both the individual who created the trust as well as his wife were deceased. In June 2018, the petitioners requested the Georgia probate […]
Irrevocable Trusts and Divorce: Words of Caution
A recurring theme in estate planning is that it is not a once and done activity. Instead, it is critical to revise estate plans following major life changes. One of the countless life changes that many people still do not think necessitates changes to estate plans is divorce. In reality, divorce changes a number […]
A Quick Guide to Revocable Trusts
Estate planning is a difficult activity, but it’s a necessary one. Many people, however, that estate planning is only necessary for the richest of the rich. In reality, most people can benefit from some form of estate planning. There are a number of different options when a person begins to consider how to create […]
Using Trusts as an Alternative to Wills
Estate planning is never an easy process. Not only does estate planning force a person to face that they will inevitably pass away some day, the estate planning process also requires a person to meet a number of requirements. Even though they are the most common type of estate planning documents, wills are just […]
What Does It Meant to Decant a Trust?
It is important to parents and grandparents who are engaged in estate planning to consider the various challenges that can arise. Failure to properly take these issues into consideration can result in estate plans being jeopardized. Fortunately, in these situations, it is possible to decant a trust. This article explores exactly what decanting is and […]
New York Surrogate’s Court reverses Tax Department penalty on QTIP Trust
A New York Surrogate’s Court judge recently handed down a ruling striking down a substantial state Tax Department penalty levied against the surviving spouse who became the beneficiary of a qualified terminable interest property trust (QTIP) established by the deceased husband. The judge’s order could have further reaching implications for other QTIP trusts established under […]
New York DTF Investigation into the Trump Estate
New York State Department of Taxation and Finance (“DTF”) announcement that it will investigate President Donald Trump’s estate comes at a time when the federal Internal Revenue Service (“IRS”) is pursuant of accurate reporting information about the presidential family’s wealth. Trump’s lawyers cite the 3-year federal and New York state statute-of-limitations in response to recent […]