Recent Publications - Trusts & Estates


New York Electronic Wills Act Enacted, Not Yet Effective
January 26, 2026 | Trusts & Estates

On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law (the “EWA”).[i] Per the terms of the EWA, the legislation takes effect on June 10, 2027 (i.e., 545 days from its enactment), and will be codified as a new Section 3-6.1 et seq. of the New York Estates, Powers and

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New for 2026: Estate and Gift Tax Exemptions
January 20, 2026 | Trusts & Estates

The federal estate and gift tax exemption changes from year to year, and prior to the passing of the One Big Beautiful Bill (OBBB), there was concern that the high exemption amount would “sunset” and be greatly reduced in 2026. Under the OBBB, the combined federal estate and gift tax exemption amount did not sunset

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Elder Law Is for Everyone Part 2: Medicaid Homecare
December 5, 2025 | Elder Law

Often, people with long-term medical or cognitive conditions that limit their ability to manage their daily care need in-home assistance. Since home care typically costs between $25 and $35 an hour, without long-term care insurance, home care is unaffordable or financially devastating for many.

Subject to eligibility, New York Community-based Medicaid (Homecare) is a solution.

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Joint & Designated Beneficiary Accounts: BEWARE!
October 17, 2025 | Trusts & Estates

Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). She says this will make the administration of your estate when you die much less complicated and easier for everyone.

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The Changing Face of New York’s Medicaid Homecare Program Cuts Deep
August 22, 2025 | Elder Law

New York State’s Medicaid Homecare program pays for in-home personal care services. New York’s program has long been the best in the country.  One underlying policy behind the program was that people should have every opportunity to remain in the community.  A community focus provides two benefits: the social benefit derived from keeping people independent

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Elder Law Is for Everyone Part 1: Long-Term Care Planning
August 6, 2025 | Elder Law

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 for retirement.

Elder law planning combines traditional estate planning, planning to maintain control of financial and personal

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Is It Time for Medically Assisted End of Life?
August 6, 2025

While a 2024 poll indicated New Yorkers’ overwhelming support for New York’s Medical Aid in Dying Act for terminally ill people (M.A.I.D), the act had not been approved by the legislature each time it had been presented, despite support from the New York State Bar Association, the American College of Legal Medicine, the New York

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Estate Planning Documents for Your ‘Adult’ Child
July 1, 2025 | Trusts & Estates

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 children change suddenly when they become 18. Parents no longer have complete access to their child’s

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Quick Bites: Special Needs Planning
June 16, 2025 | Trusts & Estates

If you have a loved one with special needs, you know that caring for him or her can, at times, feel totally overwhelming. Presumably, you have retained an attorney to guide you through the special education process in your district. Now it is time to consider meeting with a special needs planning attorney to ensure

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Estate Planning for Loved Ones Struggling with Mental Health and Substance Abuse Disorders
May 13, 2025 | Trusts & Estates

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 substance abuse disorders cannot be “cured,” but they can be managed with proper support. Frequently, “relapse” is a facet of the

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