Wills, Trusts, Estates

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Latest News

Civil Practice

Using Unsworn Affirmations Instead of Affidavits in New York Legal Practice

Sep 22, 2023

Forms

🔑 Sample Clause: Charging for Waiting and Travel Time in an Attorney Retainer Agreement

Sep 20, 2023 — Premium

Prenups

Why T&E Lawyers Also Draft Prenups

Sep 19, 2023

IRS

The IRS Status Page: What It Shows You and How It Can Help You

Sep 18, 2023

Estate Planning

What Is the Art of Estate Planning and Will Drafting?

Sep 17, 2023

New York

When Is the Legislative Session in New York?

Sep 16, 2023

Wills

Sep 17, 2023

What Is the Art of Estate Planning and Will Drafting?

In New York Will Drafting - Fundamentals, Carl T. Baker locates the art of estate planning and will drafting in

🔑 New York: No Requirement that a Will Must Be Dated to Be Duly Executed

🔑 New York: No Requirement that a Will Must Be Dated to Be Duly Executed

Jul 24, 2023 — Premium

Why a Confirmatory Deed Is Superior to an Executor's Deed for Specifically Devised Property in a Solvent Estate

Why a Confirmatory Deed Is Superior to an Executor's Deed for Specifically Devised Property in a Solvent Estate

May 18, 2022

Record Confirmatory Deed for Specific Devise in NY, Suggests Daniel Reiter in Lawline CLE

Record Confirmatory Deed for Specific Devise in NY, Suggests Daniel Reiter in Lawline CLE

May 17, 2022

Article Discusses Texas Wills Issues (and More Footnotes!)

Article Discusses Texas Wills Issues (and More Footnotes!)

Feb 18, 2022

Trusts

Sep 14, 2023

What Does It Mean When a Power of Attorney is "Durable"?

"Durable" is just one word (an adjective), but it explains why powers of attorney are so powerful and why they are an essential tool in every estate plan.

🔑 Analysis of a Limited Power of Appointment Clause in a Medicaid Asset Protection Trust: What You Need to Know About Exercising the Power

Sep 07, 2023 — Premium

New York Taxes Income in ING Trusts

New York Taxes Income in ING Trusts

Jul 24, 2023

🔑 New York Will Eventually Adopt Its Own Trust Code, Not the Uniform Trust Code

🔑 New York Will Eventually Adopt Its Own Trust Code, Not the Uniform Trust Code

Jul 04, 2023 — Premium

New York Bills: 2023-2024 Legislative Session

New York Bills: 2023-2024 Legislative Session

Jun 30, 2023

Estates

Sep 10, 2023

Piano in a Decent's Estate: More of a Liability than an Asset

"[U]sed pianos generally have no value, and are a cost to the estate for their disposal," wrote an attorney

Aug 04, 2023

Update on Searching New York County Surrogate's Court Records

Yesterday, at Linda Maryanov's Thursday Think Tank study group, I learned that we can now search for New York Surrogate's

After-Discovered Property May Require a New Notice of Probate in New York

After-Discovered Property May Require a New Notice of Probate in New York

Aug 03, 2023

🔑 Sample Affirmation of Comparison in New York Probate

🔑 Sample Affirmation of Comparison in New York Probate

Aug 01, 2023 — Premium

🔑 Sample New York Probate Petition

🔑 Sample New York Probate Petition

Jul 30, 2023 — Premium

New York: Preliminary Executor Has No Statutory Authority to Sell Specific Devise

New York: Preliminary Executor Has No Statutory Authority to Sell Specific Devise

Jul 29, 2023

Fiduciaries

California Adopts Uniform Fiduciary Income and Principal Act

Jul 23, 2023

David Goldfarb on Effecting Legislative Change in New York

David Goldfarb on Effecting Legislative Change in New York

Feb 09, 2023

Good News: Gov. Hochul Vetoed NY Power of Attorney Bill Requiring Notice to Co-Trustee or Co-Beneficiary

Good News: Gov. Hochul Vetoed NY Power of Attorney Bill Requiring Notice to Co-Trustee or Co-Beneficiary

Dec 17, 2022

NY Power of Attorney: Bill Requiring Notice to Co-Trustee or Co-Beneficiary Passes Legislature, But Has Serious Problems!

NY Power of Attorney: Bill Requiring Notice to Co-Trustee or Co-Beneficiary Passes Legislature, But Has Serious Problems!

Jun 09, 2022

Why a Confirmatory Deed Is Superior to an Executor's Deed for Specifically Devised Property in a Solvent Estate

Why a Confirmatory Deed Is Superior to an Executor's Deed for Specifically Devised Property in a Solvent Estate

May 18, 2022

Retirement

Who Should Contribute to a Roth Account?

Sep 09, 2023

Free Money: Why Keeping a Low-Interest Mortgage May Be a Smart Financial Move

Free Money: Why Keeping a Low-Interest Mortgage May Be a Smart Financial Move

Aug 28, 2023

Traditional IRA v. Roth IRA

Traditional IRA v. Roth IRA

Aug 12, 2023

How Does Inflation Impact Your Money?

How Does Inflation Impact Your Money?

Aug 04, 2023

How Much Should You Save In Your Emergency Fund?

How Much Should You Save In Your Emergency Fund?

Aug 01, 2023

Basis Step-Up

Resources on Rev. Rul. 2023-2

Jul 19, 2023 — Premium

Flashback: Congress Considered Capital Gains Tax on Death in 1969

Flashback: Congress Considered Capital Gains Tax on Death in 1969

Feb 15, 2022

🔑 The Backdoor Step-Up in Basis for Intentionally Defective Grantor Trusts

🔑 The Backdoor Step-Up in Basis for Intentionally Defective Grantor Trusts

Feb 14, 2022 — Premium

Estate Planning

Sep 17, 2023

What Is the Art of Estate Planning and Will Drafting?

In New York Will Drafting - Fundamentals, Carl T. Baker locates the art of estate planning and will drafting in

Sep 14, 2023

What Does It Mean When a Power of Attorney is "Durable"?

"Durable" is just one word (an adjective), but it explains why powers of attorney are so powerful and why they are an essential tool in every estate plan.

Jul 19, 2023

Where Is a Will Likely to Be Found?

Be thorough in your search.

Feb 13, 2022

Share the Location of Your Will, or It Will Be Worthless

If you are safekeeping your will, then you must tell someone where it can be found.

🔑 Premium Content

🔑 Sample Clause: Charging for Waiting and Travel Time in an Attorney Retainer Agreement

Sep 20, 2023

🔑 Sample IRC 199A Rental Real Estate Safe Harbor Statement

Sep 15, 2023

🔑 How to Discontinue a New York Holdover Against John Doe & Jane Doe

Sep 13, 2023

🔑 Analysis of a Limited Power of Appointment Clause in a Medicaid Asset Protection Trust: What You Need to Know About Exercising the Power

Sep 07, 2023

🔑 Medium

Aug 09, 2023

🔑 Sample Affirmation of Comparison in New York Probate

Aug 01, 2023

🔑 Sample Application for Preliminary Letters Testamentary in New York

Jul 28, 2023

🔑 NY Notice of Probate with Affidavit of Service: Law and Sample

Jul 27, 2023

🔑 NY Surrogate's Court Rules Require Use of "Standard Typeface" - Attorney Certification

Jul 26, 2023

🔑 Sample New York Affidavit of Attesting Witnesses (After Death) When Will Is Undated

Jul 25, 2023

🔑 New York: No Requirement that a Will Must Be Dated to Be Duly Executed

Jul 24, 2023

🔑 Sample Stipulation of Settlement in New York Holdover Proceeding for Market Apartment

Jul 20, 2023

🔑 Log

Jul 15, 2023

🔑 NYC Housing Maintenance Code Chart

Jul 10, 2023

🔑 New York Will Eventually Adopt Its Own Trust Code, Not the Uniform Trust Code

Jul 04, 2023

🔑NY L&T: Stipulation Can Convert Nonpayment Proceeding Into Holdover Proceeding

Nov 21, 2022

🔑 Outline

Sep 29, 2022

🔑 The Backdoor Step-Up in Basis for Intentionally Defective Grantor Trusts

Feb 14, 2022

🔑 Even Under Common-Law Rule Against Perpetuities, Trusts Can Last for Over a Century

Feb 11, 2022