Recent Publications - Trusts & Estates


An Open Letter to the Incoming NY Governor, Kathy Hochul
August 20, 2021 | Tax

Welcome to the Governor’s office, Ms. Hochul. Unfortunately, congratulations are hardly in order; indeed, a wish for good luck seems much more appropriate.

I suppose you realize that the last round of tax legislation, enacted in April by the Democratic-controlled Assembly and Senate – veto-proof super majorities in both Chambers – resulted in a tax

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WILLS, TRUSTS & ESTATES: PLAIN & SIMPLE – “Decanting” Trusts – Sometimes you can change the terms of an Existing Trust
July 28, 2021 | Trusts & Estates

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were fine at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical, unwanted, or obsolete. So, what can be done?

Originally published in Lloyd Harbor Life, July 2021. Read the full article here.

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WILLS, TRUSTS & ESTATES: PLAIN & SIMPLE – “The American Families Plan: Disguising an Estate Tax?”
July 13, 2021 | Trusts & Estates

President Biden’s proposed changes to the Internal Revenue Code, known as the American Families Plan, was unveiled at the end of April 2021. These changes are intended to accomplish three goals: (1) fund the government’s efforts against the pandemic, (2) support new social programs, (3) enable tax cuts for lower-income families. The measures aim to

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Like a Good Neighbor, New York is Still Free to Tax You – Sorry for the Inconvenience
July 6, 2021 | Tax | Trusts & Estates

NH vs MA

Last week, the U.S. Supreme Court denied New Hampshire’s request that the Court exercise its original jurisdiction under the Constitution[i] to hear and resolve a conflict involving the taxation by Massachusetts of income earned by certain residents of the Granite State.[ii]

The disagreement between the two jurisdictions originated when Massachusetts, in response

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Tax Increases in Sight? Time to Sell the Business? Focus on Economics
June 28, 2021 | Trusts & Estates | Tax

Not Good

As Mr. Biden settled into the White House, and as the Democrats began planning how to best utilize their slim Congressional majority to enact and pay for their sweeping legislative agenda, the principal concern among most owners of successful closely held businesses was Mr. Biden’s proposal to almost double the federal income tax

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WILLS, TRUSTS & ESTATES: PLAIN AND SIMPLE – Changing Your Residence For State Tax Purposes – More To It Than You May Think
May 27, 2021 | Trusts & Estates

Oftentimes, in the summer, we return to the topic of changing your residence for state tax purposes. There are five factors which the tax authorities will look to in determining whether someone has changed their residency.  This is frequently referred to synonymously as one’s “domicile” for tax purposes:  (1) physical presence, (2) home, (3) family

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NY’s Gestational Surrogacy Law Comes with Estate Planning Requirements
April 8, 2021 | Trusts & Estates

On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents.

Required Estate Planning

Prior to implanting the embryo in the surrogate, the intended parent(s) must sign a will. The will must:

  1. designate a guardian for all children born of
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Thinking About ‘Avoiding’ NY Tax Increases? Then Think About the False Claims Act
April 5, 2021 | Tax

According to Justice Learned Hand, “Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes.” Stated differently, taxpayers have the right to pay only

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What Would Joe Do (about Estate Taxes)?
March 26, 2021 | Trusts & Estates | Tax

Estate tax “reform” continues to be a prime objective for Democrats.

On the heels of more and more talk in Washington about the inequality of the U.S. tax system, Senator Bernie Sanders has just introduced legislation to impose a progressive tax on America’s wealthiest 5%. According to the Joint Committee on Taxation, the goal of

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Art Does Not Imitate Life: NY’s Person-Centered Guardianship
February 24, 2021 | Trusts & Estates

The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers, this movie begins with a relatable premise and a relatable fear. In this case, it is the fear of dependence and exploitation.

The film builds on those fears until our very worst nightmares are playing out before our eyes.

Unbeknownst to

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