FEATURES & NEWS

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

Can an executor of a will also inherit?

While serving as an executor of a will, individuals are responsible for carrying out the final wishes of the deceased. However, the question of whether they can also benefit from the will’s contents is a complex matter that requires careful consideration.

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Can I privately sell my house to a family member?
Estate Law New York

Can I privately sell my house to a family member?

Considering selling your house to a family member? Wondering about the legal implications? From setting the right price to navigating potential tax implications, here’s what you need to know before making the leap.

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What are the negatives of trust?
Estate Law New York

What are the negatives of trust?

While trust is often seen as a positive attribute, there are also drawbacks. Betrayal can lead to emotional pain and shattered relationships. Blind trust can make us vulnerable to manipulation and exploitation. Trust must be balanced with caution.

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Who Cannot act as an executor?
Estate Law New York

Who Cannot act as an executor?

When choosing an executor for your will, it’s important to know who cannot act in this role. Individuals who are minors, non-US citizens, convicted felons, and those deemed mentally incapacitated are typically not eligible to serve as an executor. Choose wisely to ensure your final wishes are carried out smoothly.

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How do you deal with greedy siblings after death?
Estate Law New York

How do you deal with greedy siblings after death?

Dealing with greedy siblings after a loved one’s death can be a challenging task. Whether it’s dividing assets or settling disputes, finding a peaceful resolution is key. Here are some strategies to navigate this difficult situation.

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Do trusts override beneficiaries?
Estate Law New York

Do trusts override beneficiaries?

Trusts do not always override beneficiaries. The terms of the trust dictate how assets are distributed. Beneficiaries may have rights that hinder changes to the trust.

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Why would a person want to set up a trust?
Estate Law New York

Why would a person want to set up a trust?

Setting up a trust can provide peace of mind by ensuring your assets are managed and distributed according to your wishes. It also offers privacy, protection from creditors, and can help minimize estate taxes. Trusts are a powerful tool for estate planning.

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Who has more power, a trustee or beneficiary?
Estate Law New York

Who has more power, a trustee or beneficiary?

In the intricate world of trusts, the power dynamic between a trustee and beneficiary is a delicate balance. While the trustee holds legal control and decision-making authority, the beneficiary often wields influence through their rights and interests in the trust assets. The true power struggle lies in the ability to effectively navigate and collaborate within this complex relationship.

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What are the disadvantages of putting your house in trust?
Estate Law New York

What are the disadvantages of putting your house in trust?

While putting your house in trust may provide some advantages such as avoiding probate and protecting assets, it also comes with its own set of disadvantages. From loss of control over the property to potential tax implications, homeowners should carefully consider all the drawbacks before making a decision.

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What is the most popular type of trust?
Estate Law New York

What is the most popular type of trust?

When it comes to the most popular type of trust, the revocable living trust takes the lead. This flexible trust allows the grantor to retain control over their assets while planning for the future.

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Does the IRS know when you inherit money?
Estate Law New York

Does the IRS know when you inherit money?

Curious about the tax implications of inheriting money? Find out whether the IRS is keeping an eye on your windfall and what you need to know to stay on the right side of the tax laws.

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How does the IRS know if you give a gift?
Estate Law New York

How does the IRS know if you give a gift?

The IRS keeps a close eye on gifts given by individuals, monitoring transactions over a certain threshold. By reporting gifts on your tax return, you can ensure compliance with IRS regulations.

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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 a valuable tool for estate planning, not all assets should be put into one. Assets such as retirement accounts, life insurance policies, and certain government benefits are better kept out of a trust to avoid complications and potential drawbacks.

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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, the best person is one who is trustworthy, organized, and capable of making sound financial decisions. Ideally, this individual should have a good understanding of legal and financial matters to ensure the trust is managed effectively.

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What are the 7 elements of trust?
Estate Law New York

What are the 7 elements of trust?

Trust is built on seven essential elements: integrity, reliability, consistency, transparency, empathy, competence, and respect. Without these pillars, trust cannot flourish in any relationship.

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What are the 4 C’s of trust?
Estate Law New York

What are the 4 C’s of trust?

Trust is built on the 4 C’s: competence, consistency, communication, and care. These pillars form the foundation of strong relationships and are essential in establishing trust in both personal and professional settings.

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How do you transfer a house from a trust after death?
Estate Law New York

How do you transfer a house from a trust after death?

Transferring a house from a trust after death may seem daunting, but it can be a straightforward process with the right guidance. Understanding the legal requirements and working with estate planning professionals can help ensure a smooth transition of ownership.

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What are the negatives of trust?
Estate Law New York

What are the negatives of trust?

While trust is essential for relationships and building connections, it can also leave us vulnerable to betrayal and hurt. The negative side of trust lies in its potential to be broken, leading to disappointment and loss of faith. It’s a delicate balance to maintain.

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Can my parents give me their house?
Estate Law New York

Can my parents give me their house?

Are you wondering if your parents can gift you their house? While it’s possible, there are important factors to consider such as taxes, legal implications, and potential impact on their financial security. It’s best to consult legal and financial experts before making any decisions.

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How much can you inherit before tax?
Estate Law New York

How much can you inherit before tax?

When it comes to inheritance, many people wonder just how much they can receive before taxes kick in. Understanding the regulations and thresholds is crucial to avoid any surprises when it comes to inheriting assets.

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What is the downside of an irrevocable trust?
Estate Law New York

What is the downside of an irrevocable trust?

While irrevocable trusts offer asset protection and tax advantages, the downside is the lack of flexibility once assets are transferred. Beneficiaries cannot easily be changed, and assets are no longer under the control of the grantor.

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

Is it better to inherit cash or property?

When faced with the choice between inheriting cash or property, many factors come into play. Cash offers immediate liquidity and flexibility, while property can provide long-term security and potential for appreciation. Ultimately, the decision depends on individual circumstances and goals.

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

Should I put my house in a trust?

It’s a question many homeowners face: should I put my house in a trust? While there are benefits to consider, such as avoiding probate and protecting assets, it’s important to weigh the pros and cons before making any decisions.

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Do all wills go to probate?
Estate Law New York

Do all wills go to probate?

When it comes to passing on your assets, not all wills go smoothly to the beneficiaries. Many wills must go through the probate process to ensure the wishes of the deceased are carried out legally and fairly.

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Is trust better than a will in NY?
Estate Law New York

Is trust better than a will in NY?

In New York, the debate between using a trust versus a will for estate planning continues. While wills offer simplicity, trusts provide more flexibility and privacy. Consider your specific needs before deciding.

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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 dies without a will in New York, the laws of intestacy determine who will inherit their estate. This can result in a complex process of determining heirs and dividing assets amongst them.

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Can I buy my parent’s house and let them live in it?
Estate Law New York

Can I buy my parent’s house and let them live in it?

Many adult children consider purchasing their parent’s house to ensure its continued ownership within the family. But, before you proceed with this decision, be sure to weigh the financial implications and legal considerations involved.

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