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New York Estate Planning

Offit Kurman

Major Estate Tax Changes Under the One Big Beautiful Bill Act

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The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, is a sweeping piece of legislation spanning nearly 1,000 pages. It includes significant changes to federal estate and income tax laws that will affect...more

Rivkin Radler LLP

Elder Law Is for Everyone Part 1: Long-Term Care Planning

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Notwithstanding the concept of a “youth culture,” we all want the chance to grow old and live life on our terms, which takes thoughtful planning. Elder law planning is as important as having a healthy lifestyle and planning...more

Davidoff Hutcher & Citron LLP

How to Structure Real Estate Ownership for Maximum Asset Protection in the Restaurant Industry

For restaurant owners in New York, owning real estate can be a powerful asset—offering stability, long-term equity growth, and operational control. However, real estate ownership also exposes your business and personal wealth...more

Haynes Boone

Real Estate Insights - July 2025

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Haynes Boone’s Real Estate Practice Group is excited to introduce the summer edition of HB Real Estate Insights. We hope you enjoy this read....more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Estate Planning and Estate Administrations During Economic Downturns

In uncertain economic times, many individuals are concerned about the value of their investments, and for good reason. When the stock market dips or real estate prices fall, the effect isn’t just felt in personal investment...more

Farrell Fritz, P.C.

Will New York Law Allow for the Electronic Execution of Wills?

Farrell Fritz, P.C. on

Under New York’s Electronic Signatures and Records Act, a person can electronically sign many types of documents that have legal significance (Technology Law §§ 301, § 304 |– 306). At the present time, however, wills and...more

Rivkin Radler LLP

Estate Planning Documents for Your ‘Adult’ Child

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While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

Farrell Fritz, P.C.

The Presumption of Revocation that Oftentimes Applies to Lost Wills

Farrell Fritz, P.C. on

New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA §...more

Farrell Fritz, P.C.

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

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Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more

Farrell Fritz, P.C.

Demand Futility, Dissolution, and Transfer Restrictions: Spring Blooms Fresh Developments in LLC Litigation

Farrell Fritz, P.C. on

In addition to blooming trees and longer days, spring in New York has ushered in a fresh crop of noteworthy decisions on intra-LLC disputes.  Headliners include a boost to members’ rights to compel an accounting courtesy of...more

Rivkin Radler LLP

Estate Planning for Loved Ones Struggling with Mental Health and Substance Abuse Disorders

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May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning. Mental health and...more

Tarter Krinsky & Drogin LLP

New York Proposes Legislation to Provide Terminally Ill Persons a Medication to Peacefully End Their Life

Now Is the Right Time to Consult with Legal Counsel About Preparing Advance Directives that Reflect End-of-Life Wishes- New York’s Medical Aid in Dying Act (A136/S138) is once again before the New York State Legislature in...more

Farrell Fritz, P.C.

Lengthy Opinion Delivered Regarding In Terrorem Clause

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It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.  But speaketh they did, on April 17, 2025,...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

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When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Rivkin Radler LLP

Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust

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Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,...more

Cadwalader, Wickersham & Taft LLP

Heir and Square

The Uniform Partition of Heirs Property Act (the Heirs Act) was originally enacted in New York in December 2019 to protect heirs of real property from being forced to sell their property at auction. The Act was most recently...more

Farrell Fritz, P.C.

Transfer on Death Deeds Adopted by New York

Farrell Fritz, P.C. on

Avoiding probate is often an important goal for many estate planning clients.  Probate is the court-supervised process of administering a deceased person’s estate and transferring their property at death pursuant to the terms...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Rivkin Radler LLP

The New York State Estate Tax Cliff and the ‘Santa Clause’ Fix

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New York has an “estate tax cliff,” which can result in heirs paying New York estate tax at a rate exceeding 100%. The current per-person NYS estate tax exemption is $6.94 million, which is the amount you can leave to your...more

McDermott Will & Schulte

Window Closing for New Yorkers to Take Advantage of Expanded Federal Tax Exclusions and Exemptions

The federal gift and estate tax exclusions and the generation-skipping transfer (GST) tax exemption increased significantly under the Tax Cuts and Jobs Act of 2017 (TCJA). Recent inflation adjustments have expanded them even...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

McDermott Will & Schulte

Expanded Federal Tax Exclusions and Exemptions Mean Greater Opportunities for New Yorkers

The federal gift and estate tax exclusions and the generation-skipping transfer (GST) tax exemption increased significantly under the Tax Cuts and Jobs Act of 2017 (TCJA). Recent inflation adjustments have expanded them even...more

Rivkin Radler LLP

Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts

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Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates and trusts to register and make periodic filings with the...more

Rivkin Radler LLP

You “Placed Your Trust” In New York? You May Be Sorry You Did

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According to a report issued by the National Association of Realtors a couple of days ago, last year saw a large outmigration of people from California and New York, while Florida and Texas experienced a comparably large...more

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