Recent Publications - Joseph T. La Ferlita


Decanting a ‘HEMS Only’ Trust in Favor of an SNT
March 14, 2024 | Trusts & Estates

In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used

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The Impact of the CCAM on Trust Decanting in New York
January 26, 2024 | Trusts & Estates

On Dec. 29, 2023, the Office of the Chief Counsel (the Chief Counsel) of the Internal Revenue Service (IRS) released Chief Counsel Advice Memorandum 202352018 (the CCAM).

Although some have commented on the CCAM’s impact on trust modifications, a further question is what impact, if any, will the CCAM have on trust decantings in New

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Decanting a ‘HEMS Only’ Trust in Favor of a Supplemental Needs Trust
September 11, 2023 | Trusts & Estates

In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used

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The Gallo Exemption: What It Is and Why You Should Know About It
June 15, 2023 | Trusts & Estates

While the generation-skipping transfer (GST) tax is complex, most estate practitioners who regularly deal with it eventually obtain a level of comfort, if not an expertise, concerning it. Such practitioners counsel their clients about avoiding or minimizing exposure to the tax. Some of the typical tools in the arsenal involve the GST tax annual exclusion

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Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts
March 22, 2023 | Trusts & Estates

Joseph La Ferlita and Nicholas Moneta authored the article “Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts” for the New York State Bar Association’s Trusts and Estates Law Journal.

“Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates

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Hillman and La Ferlita Article Published in NYSBA Journal
May 6, 2022 | Trusts & Estates

Jennifer Hillman’s and Joseph La Ferlita’s article, “SSHHH! Should Trustees Speak Up About Quiet Trusts?” was published in the New York State Bar Association Trusts and Estates Law Section Journal.

Although some may question whether financial modesty is a virtue, there is no requirement that parents disclose their net worth to their children. However, the

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SSHHH! Should Trustees Speak Up About Quiet Trusts?
February 1, 2022 | Trusts & Estates

While some clients flaunt their wealth, others like to keep things quiet. Sometimes, such “financial modesty” is motivated by a concern that knowledge of family wealth could result in disincentivized children or grandchildren. Although some may question whether such financial modesty is a virtue, there is no requirement that parents disclose their net worth to

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