Wills, Trusts, Estates

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Medicaid Planning

New York Community Medicaid Lookback Delayed: Implementation Not Expected Until 2025

Sep 27, 2023

We are following up on our previous post from April 28, 2023, informing you that the New York Medicaid lookback

Latest News

Tax

Donee's Basis and Gain or Loss Calculator

Mar 22, 2024

Trusts

🔑Trustee's Duty of Impartiality

Mar 10, 2024 — Premium

New York

Form: Updated NY Property Condition Disclosure Statement (Revised Jan. 2024)

Mar 07, 2024

EPTL

New York: Estates, Powers and Trusts Law (EPTL) - Annotated

Mar 07, 2024

Accounting Proceeding

🔑Standard for a Contested Accounting Proceeding in New York

Mar 05, 2024 — Premium

Trusts

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

Jan 17, 2024 — Premium

Wills

Oct 18, 2023 — Premium

🔑 Entire Estate Going to Charity: Can Charity Be Executor Under New York Law?

What Is the Art of Estate Planning and Will Drafting?

What Is the Art of Estate Planning and Will Drafting?

Sep 17, 2023

🔑 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

Trusts

Mar 10, 2024 — Premium

🔑Trustee's Duty of Impartiality

🚧 Under Construction

New York: Estates, Powers and Trusts Law (EPTL) - Annotated

New York: Estates, Powers and Trusts Law (EPTL) - Annotated

Mar 07, 2024

🔑Standard for a Contested Accounting Proceeding in New York

Mar 05, 2024 — Premium

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

Jan 17, 2024 — Premium

An Unexpected Meaning of Bequest in Black's Law Dictionary Sheds New Light on the IRS's No-Basis Adjustment Ruling for Irrevocable Trusts

An Unexpected Meaning of Bequest in Black's Law Dictionary Sheds New Light on the IRS's No-Basis Adjustment Ruling for Irrevocable Trusts

Nov 15, 2023

Estates

Nov 05, 2023 — Premium

🔑 Sample Affidavit of Comparison in New York Probate

Here is a sample Affirmation of Comparison in a New York Probate from a case that I'm studying:

Nov 03, 2023

New York County Surrogate's Court Records Will Be Available on WebSurrogate Starting 11/6/2023

Today, Linda Maryanov (a New York trusts & estates lawyer) shared the following information from Diana Sanabria, the Chief Clerk

🔑 Sample New York Receipt & Release Agreement for Charitable Corporation

🔑 Sample New York Receipt & Release Agreement for Charitable Corporation

Nov 01, 2023 — Premium

Transfer on Death Deed in New York? The Proposal Needs Better Statutory Language

Transfer on Death Deed in New York? The Proposal Needs Better Statutory Language

Oct 18, 2023

🔑 Entire Estate Going to Charity: Can Charity Be Executor Under New York Law?

🔑 Entire Estate Going to Charity: Can Charity Be Executor Under New York Law?

Oct 18, 2023 — Premium

🔑 Why Does the Law Often Treat Real Estate and Personalty Differently?

🔑 Why Does the Law Often Treat Real Estate and Personalty Differently?

Oct 15, 2023 — Premium

Fiduciaries

🔑Trustee's Duty of Impartiality

Mar 10, 2024 — Premium

New York: Estates, Powers and Trusts Law (EPTL) - Annotated

New York: Estates, Powers and Trusts Law (EPTL) - Annotated

Mar 07, 2024

🔑Standard for a Contested Accounting Proceeding in New York

Mar 05, 2024 — Premium

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

Jan 17, 2024 — Premium

California Adopts Uniform Fiduciary Income and Principal Act

California Adopts Uniform Fiduciary Income and Principal Act

Jul 23, 2023

Retirement

IRS Published Inflation-Adjusted Tax Numbers for 2024

Nov 10, 2023

IRS Announces Higher Retirement Contribution Limits for 2024

IRS Announces Higher Retirement Contribution Limits for 2024

Nov 10, 2023

Social Security Benefits Will Increase by 3.2% in 2024

Social Security Benefits Will Increase by 3.2% in 2024

Oct 13, 2023

Who Should Contribute to a Roth Account?

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

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.

May 18, 2022

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

Thoughts based on rules in New York.

🔑 Premium Content

🔑Trustee's Duty of Impartiality

Mar 10, 2024

🔑Standard for a Contested Accounting Proceeding in New York

Mar 05, 2024

🔑 Uniform Trust Code (UTC) - Excerpts and Notes

Jan 17, 2024

🔑 Restatement of Property § 366: Revocation of Appointments

Dec 20, 2023

🔑 Sample Clause: Lifetime General Power of Appointment

Dec 20, 2023

🔑 NY EPTL 10-9.1 Revocability of a power of appointment

Dec 20, 2023

🔑 Prior New York Law: Real Property Law § 144 - Revocability of Powers of Appointment

Dec 19, 2023

🔑 Sample Affidavit of Comparison in New York Probate

Nov 05, 2023

🔑 Sample New York Receipt & Release Agreement for Charitable Corporation

Nov 01, 2023

🔑 Entire Estate Going to Charity: Can Charity Be Executor Under New York Law?

Oct 18, 2023

🔑 Why Does the Law Often Treat Real Estate and Personalty Differently?

Oct 15, 2023

🔑 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