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Category: Probate and Estates

Latest News

Medicaid Recertification: Why Legal Guidance Matters

Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one鈥檚 chance of achieving and maintaining Medicaid eligibility.聽

April 10, 2026
Estate and Gift Tax Update for 2021

The 2017 Tax Cuts and Jobs Act (the 鈥淎ct鈥) increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The exclusion amount for 2021 is $11.7 million. This means that an individual can leave $11.7 million and a married couple can leave $23.4 million dollars to their heirs or beneficiaries without paying any federal estate tax.

December 2, 2020
Does an Executor have to provide an accounting to beneficiaries?

As fiduciary you are required to account to the beneficiaries, but the type of accounting will vary depending upon the actual beneficiaries and the fiduciary鈥檚 relationship with them. There are two types of accounting: informal and judicial accounting.

November 16, 2020
Protecting Assets in the Context of a Guardianship Proceeding

While the best elder law and estate plan is to have a valid health care proxy naming agents and a valid durable power of attorney naming an agent to make financial decisions, not everyone has done the proper planning. It is not uncommon for an elderly person to fall ill, be hospitalized and then need nursing home care with no time to plan.

November 14, 2020
Who Would Inherit From an Estate if Someone Dies Without a Will?

Question: Who would inherit from an estate if someone dies without a will?

October 22, 2020
How to Resign or Decline Being the Executor of a Will

Question: My aunt recently passed away and I just found out that I was named executor of her Will. I really do not want to serve. Is renunciation an option; can I decline or resign from being executor?

October 22, 2020
Avoiding Probate with an Affidavit

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a 鈥1310鈥, or small estate affidavit. This affidavit may be used by certain family members or the decedent鈥檚 creditors to collect assets up to a certain value in the decedent鈥檚 sole name.

September 14, 2020
Ancillary Probate: What it is and How to Avoid it

Question: My mother is a resident of Florida and owns a condominium and several financial accounts in her sole name. She also owns a summer home in New York that is titled in her sole name. If she were to pass away, what is the procedure to transfer the New York home after her death?

September 11, 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
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
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