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Category: Estate Planning
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What Happens When a 529 Account Owner Dies?

New York鈥檚 529 College Savings Program accounts are investment plans that enjoy tax-deferred growth. Withdrawals are income tax-free for qualified educational purposes associated with K-12 tuition, vocational school, college, or higher education.

April 20, 2026
Appointing a Guardian for Minors

Question: My wife and I are in our mid-forties. We have two children ages 10 and 13. Should anything happen to my wife and I, how can I ensure that my sister is given legal custody of my children?

August 18, 2020
Probate Estate v. Gross Estate

Question: Someone told me that assets with named beneficiaries are not subject to estate tax, is that correct?

August 11, 2020
Gifting to Avoid Taxes

There are several planning methods that can be utilized throughout your lifetime to reduce or eliminate taxes upon your death. Gifting is one option to avoid estate taxes.

August 5, 2020
How to Leave Assets to a Spouse with Alzheimer鈥檚 Disease

More than five million seniors in the United States have been diagnosed with Alzheimer鈥檚 disease. Caretaker spouses agonize over what will happen if they were to pass away leaving their husband or wife without someone to care for them.

August 5, 2020
Bonding of an Estate Fiduciary

Question: I was recently appointed Administrator of my uncle鈥檚 estate, but the Decree from the Surrogate鈥檚 Court said that I must post a bond. What does that mean?

July 25, 2020
Why You Should Never Keep a Will in a Safe Deposit Box

Although it is true that a safe deposit box is a safe place to keep important documents and/or assets, many people do not realize that once the bank is notified of the death of an owner, the box cannot be opened without a court order. This is true even if there is a joint owner named on the safe deposit box and is unlike other jointly owned assets as the assets do not automatically pass to the joint owner.

July 24, 2020
How to Minimize Capital Gains with Estate Planning

Real property in the Hamptons has always enjoyed a steady increase in value. But with this increase in value, owners may incur a substantial tax bill from the capital gain in their real property if and when they decide to sell.

July 24, 2020
Is it Too Late To Elect Portability?

The estate tax concept tax known as 鈥減ortability鈥 is permanent as a result of the enactment of the American Taxpayer Relief Act of 2012. Portability allows a surviving spouse to use a deceased spouse鈥檚 unused estate tax exclusion (up to $11.4 million in 2020/$11.7 million in 2021).

July 17, 2020
Why an Executor Must Account

Question: I am the Executor of my mom鈥檚 estate and am getting ready to distribute the assets. I was just going to divide the money equally between myself and my siblings. Is that a good idea?

July 10, 2020
Descendants Trusts & Tax Planning

With tax planning becoming less of an issue for the average client, the focus in estate planning has shifted to asset protection for intended beneficiaries. As attorneys, we often hear our clients tell us that they plan to leave everything equally to their children, but that they are concerned that one (or more than one!) has creditor issues or are going through a divorce.

July 8, 2020

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Thought Leadership

Partner Britt Burner, Esq. explains how often to review your estate planning documents and the life changes that may prompt a review.

May 1, 2024 Read Article