Recent Publications - Trusts & Estates


New York Enacts Transfer-on-Death Deed Law
May 21, 2024 | Trusts & Estates

On April 20, 2024, New York State adopted legislation that allows for so-called transfer-on-death (TOD) deeds as part of its Fiscal Year 2025 Executive Budget. The TOD Deed Law, which takes effect on July 19, 2024, will be codified as a new Section 424 of the N.Y. Real Property Law.

Similar to a payable-on-death designation

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Estate Planning for Families with Children Who Have Special Needs
May 13, 2024 | Trusts & Estates

A supplemental needs trust (SNT) is an important estate planning tool for those with a special needs child. It ensures that your special needs child is taken care of after you are gone. Unlike other types of trusts, assets placed in an SNT can only be used for items not paid for by government benefits,

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Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting
April 15, 2024 | Trusts & Estates

What Happens:

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited because she is not married.

Kate learns of the Chaffee Bicknell surrogacy center and is connected with Angie Ostrowski,

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The New York State Estate Tax Cliff and the ‘Santa Clause’ Fix
April 8, 2024 | Trusts & Estates | Tax

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 heirs at your death without paying NYS estate tax. If your taxable estate, however,

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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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Plan Now for Sunsetting Estate & Gift Tax Exemption
February 12, 2024 | Trusts & Estates | Tax

As we’ve previously discussed, portability is an important feature of an estate plan. Portability allows the surviving spouse to die to “save” any of their predeceased spouse’s unused federal estate and gift exemption amount. A federal tax of 40% is imposed on each dollar that exceeds a decedent’s federal estate and gift exemption amount.

The

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Spousal Lifetime Access Trusts: A Way to Have Your Cake and Eat It Too
February 1, 2024 | Trusts & Estates | Tax

You may have heard of Spousal Lifetime Access Trusts (SLATS) lately, especially if you have been thinking about using your federal estate and gift tax exemption before the current higher exemption amount of $13.61 million is automatically reduced to about $7 million on January 1, 2026, assuming Congress takes no action. (See my column from last

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Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate
January 30, 2024 | Compliance, Investigations & White Collar | Corporate | Labor & Employment | Immigration

What Happened

Come on, you know what happened, right?

For those denied the joy of Roald Dahl and his take on bad parents, here is an overview.

Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive chocolatier. Wonka’s Chocolates has one factory. Unlike other factories, no workers or visitors are seen entering

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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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The Importance of Estate Planning
January 19, 2024 | Trusts & Estates

When we think about making plans to secure our future, generally the discussions revolve around education, career, family, and finances. Creating a comprehensive estate plan, including effective advanced directives, can elude even the most organized and diligent people. A survey by Caring.com noted that 1 in 5 people who died during the 2020 pandemic did

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