FEATURES & NEWS

How long do you have to file probate after death?
Estate Law New York

How long do you have to file probate after death?

After the passing of a loved one, the question of how long you have to file probate may arise. Understanding the timeframe for initiating this process is crucial for ensuring that the deceased’s assets are properly distributed.

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Who inherits if there is no will in New York?
Estate Law New York

Who inherits if there is no will in New York?

When someone passes away without a will in New York, their estate is distributed according to the state’s intestacy laws. This means that the assets are divided among the surviving spouse, children, parents, or other relatives in a specific order determined by law. It is important to familiarize oneself with these laws to understand who will inherit in the absence of a will.

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What property can you not leave in a will?
Estate Law New York

What property can you not leave in a will?

While you may think you can leave everything in your will, there are certain properties that cannot be included. These typically include joint assets, life insurance policies with named beneficiaries, and assets held in a trust. Make sure to consult with a professional when drafting your will to ensure everything is handled properly.

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What type of trust is best?
Estate Law New York

What type of trust is best?

When it comes to trust, there are various types to consider. From familial trust built over years to professional trust established through consistency, the best type ultimately depends on the relationship and context in which it is formed.

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What is considered a large inheritance?
Estate Law New York

What is considered a large inheritance?

Determining what qualifies as a large inheritance can vary greatly depending on individual circumstances. Factors such as family wealth, size of estate, and personal expectations all play a role in defining the magnitude of an inheritance.

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Can a house be sold before probate?
Estate Law New York

Can a house be sold before probate?

When a loved one passes, the issue of selling their house can become complicated. Many wonder, “Can a house be sold before probate?” The answer is yes, but it requires careful planning and legal guidance.

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What are the four 4 features of trust?
Estate Law New York

What are the four 4 features of trust?

Trust is a delicate balance of reliability, honesty, openness, and vulnerability. These four key features are essential in cultivating strong, meaningful connections with others.

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What are the 5 C’s of trust?
Estate Law New York

What are the 5 C’s of trust?

Building trust is crucial in any relationship, whether personal or professional. The 5 C’s of trust – competence, consistency, communication, caring, and candor – are essential pillars that help establish and maintain trust between individuals.

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How much does a trust cost?
Estate Law New York

How much does a trust cost?

Curious about establishing a trust? The cost can vary depending on the complexity of your estate and the type of trust you choose. From attorney fees to administrative costs, understanding the price tag of a trust is essential for effective estate planning.

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What are the two most common types of trusts?
Estate Law New York

What are the two most common types of trusts?

Trusts are a popular estate planning tool, with two common types: revocable and irrevocable trusts. Revocable trusts allow flexibility for the grantor, while irrevocable trusts provide asset protection and tax benefits. Understanding these options is key to successful estate planning.

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What is the best way to leave an inheritance?
Estate Law New York

What is the best way to leave an inheritance?

Leaving an inheritance is a deeply personal decision. Whether it’s a hefty sum of money or cherished family heirlooms, choosing the best way to pass on your legacy requires careful consideration and planning. Consult with a financial advisor or estate planner to ensure your wishes are carried out smoothly.

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In what circumstances do you not need probate?
Estate Law New York

In what circumstances do you not need probate?

In certain circumstances, probate may not be required. For example, assets held jointly with rights of survivorship, assets with named beneficiaries, and small estates may bypass the probate process. Understanding when probate is unnecessary can simplify the estate administration process.

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Is it better to gift or inherit property?
Estate Law New York

Is it better to gift or inherit property?

Gift or inherit? The age-old debate continues. While inheriting property may come with emotional significance, gifting can allow for more control and flexibility. Consider your options carefully before making a decision that will impact your financial future.

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Can I put my house in my children’s name?
Estate Law New York

Can I put my house in my children’s name?

Thinking about transferring your home to your children’s names? Make sure to consider the implications of such a decision. Seek legal advice to navigate the complexities of gifting property and ensure you are making the best choice for your family’s future.

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What are the 8 Pillars of trust?
Estate Law New York

What are the 8 Pillars of trust?

Trust is the foundation of all relationships, both personal and professional. The 8 pillars of trust are transparency, accountability, reliability, integrity, consistency, fairness, empathy, and reciprocity. Building trust takes time and effort, but it is crucial for fostering meaningful connections.

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What assets should not be in a trust?
Estate Law New York

What assets should not be in a trust?

While trusts can be valuable for estate planning, certain assets may not be appropriate to place in a trust. Personal items with sentimental value, retirement accounts, and assets that benefit from a step-up in basis are generally better kept out of a trust.

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Who Cannot be a beneficiary of a trust?
Estate Law New York

Who Cannot be a beneficiary of a trust?

While trusts are incredibly versatile estate planning tools, not everyone can be a beneficiary. Individuals who are under the age of majority, lacking legal capacity, or are deemed to be in breach of trust cannot be beneficiaries of a trust.

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How do I avoid inheritance tax on my parent’s house?
Estate Law New York

How do I avoid inheritance tax on my parent’s house?

Inheriting a parent’s house can be a bittersweet experience, but dealing with inheritance tax doesn’t have to sour the moment. By exploring estate planning options and consulting with a financial advisor, you can navigate the complexities of inheritance tax and potentially minimize the tax burden on your loved one’s home.

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Can an executor of a will also inherit?
Estate Law New York

Can an executor of a will also inherit?

When it comes to the complex process of executing a will, questions often arise about whether the executor can also be a beneficiary. Let’s delve into the intricacies of this issue to unveil the truth behind this common misconception.

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Who is the best person to manage a trust?
Estate Law New York

Who is the best person to manage a trust?

When it comes to managing a trust, choosing the best person is crucial. Whether it’s a family member, a financial advisor, or a professional trustee, the right person should have the expertise and integrity to handle the trust responsibly.

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Can my parents sell me their house for less than it’s worth?
Estate Law New York

Can my parents sell me their house for less than it’s worth?

If your parents are considering selling you their house for less than it’s worth, there are legal and financial implications to consider. It’s important to consult with a real estate attorney to ensure the transaction is carried out properly and to avoid any potential issues in the future.

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Should I put my house in a trust?
Estate Law New York

Should I put my house in a trust?

Putting your house in a trust can offer benefits like avoiding probate and reducing estate taxes. However, it’s important to carefully consider the implications before making this decision. Consult with a financial advisor to determine if a trust is the right choice for you.

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Are family trusts a good idea?
Estate Law New York

Are family trusts a good idea?

Considering setting up a family trust? While they offer benefits like asset protection and tax efficiency, it’s important to weigh the costs and complexity before committing. Find out if a family trust is the right choice for your financial future.

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What assets are not considered part of an estate?
Estate Law New York

What assets are not considered part of an estate?

When it comes to estate planning, it’s important to know which assets may not be considered part of your estate. These may include assets held in a trust, jointly owned property, retirement accounts, life insurance policies, and assets with designated beneficiaries. Understanding these exempt assets can help ensure your estate is distributed according to your wishes.

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