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Original wills should be kept in a secure, fireproof location and your nominated executor should be informed of the documents’...

If you die without a will in New York, your property will go to your next-of-kin under New York state intestate succession laws. Who gets...

If the individual who died (i.e., the "decedent") had a valid Will, the decedent is said to die testate. The executor named in the...

Ownership of real estate is determined by how title is held. Different kinds of ownership interests: Tenancy in Common Joint Tenants with...

The Internal Revenue Service has issured final regulations relating to the life expectancy and distribution period tables used to...

A key element of the unified estate and gift tax system is the unlimited marital deduction. The estate and gift tax structure permits...

Non-grantor trusts, are separate taxpaying entities. Income taxes generated by the trust are paid for by the trust. The trust must file...

For federal gift tax purposes, the value of a gift of property is the fair market value of the property at the time of the gift. Where...

What is a trust? A trust exists when one person (the trustee) holds title to property for the benefit of another person (the...

For federal estate tax purposes, the terms “spouse,” “husband,” and “wife” includes individuals of the same sex who were lawfully married....

The Federal Estate Tax is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or...

A United States citizen who inherits foreign real property from a nonresident alien receives a stepped-up basis in such property under...

The New York Attorney General's Charities Bureau protects the public interest in charitable gifts and bequests contained in wills and...

In New York State, the Surrogate's Court decides what happens to a person's property when that person dies. The Judge in Surrogate's...

Right of Election for the Surviving Spouse in New York Probate

You may have read or heard news about two bills recently introduced in the Senate that, if enacted, could have a significant impact on...

It has been this authors experience that the engagement agreements of many divorce attorneys specifically disclaim the divorce attorney’s...

ABATEMENT Cutting back certain gifts under a will when it's necessary to meet expenses, pay taxes, satisfy debts or take care of other...

Decedents who died prior to 1982 were subject to a rule requiring that any property transferred by gift within three years prior to the...

Internal Revenue Code section §2042 deals with the inclusion in the gross estate, of the proceeds of life insurance policies, payable by...

Internal Revenue Code (I.R.C.) Section 2037 requires the inclusion in the gross estate of property which had been transferred by gift...