Trusts & Estates


Year-End Gifting: Using Your IRA to Make Gifts to Charity
November 22, 2024 | Patricia C. Marcin | Trusts & Estates | Tax

If you are at least 70 ½ years old and you have a traditional IRA, you can donate up to $105,000 directly from your IRA account to charity. This direct transfer, called a Qualified Charitable Distribution (QCD), avoids having to recognize the assets transferred to the charity in your gross income on your tax return.

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Recent Efforts to Increase Access to Justice for Practitioners and Parties
October 7, 2024 | Claudia B. Pius | Trusts & Estates

New York State Courts and our judicial system in general can be complex and difficult to navigate for unrepresented individuals and even practitioners at times. Several recent initiatives have made attempts to ease some of these burdens in the Surrogate’s Court.

Click here to read more.

Reprinted with permission of the New York State Bar

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The ‘Driving Discussion’
October 4, 2024 | Patricia C. Marcin | Trusts & Estates

This article discusses the sensitive topic of how to know when it’s time to relinquish the car keys once people realize they are no longer able to drive safely.

As we age, we may start dreading the eventual “driving discussion” our children may feel obligated to have with us, especially if there is an onset

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Owners of Closely Held Businesses: Time to check your buy-sell agreement
September 9, 2024 | Patricia C. Marcin | Trusts & Estates | Corporate

Most closely held businesses, whether organized as a C or S corporation, LLC or partnership, have (or should have) a buy-sell agreement. A buy-sell agreement addresses what happens to an owner’s interest in the business when the owner dies.

Many of these agreements provide that the business may or must purchase the deceased owner’s interest.

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BEWARE: Redemption Agreement Funded with Corporate-Owned Life Insurance
June 25, 2024 | Walter J. Gumersell | Joseph T. La Ferlita | Patricia C. Marcin | Lindsay M. Brocki | Trusts & Estates | Corporate | Tax

On June 6, 2024, in the case of Connelly v. United States, the United States Supreme Court determined that corporate-owned life insurance proceeds used to redeem a decedent’s shares in the corporation must be included when valuing those shares for federal estate tax purposes.

A decedent’s taxable estate includes the fair market value of shares

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To Gift, or not to Gift: Income Taxes vs. Estate Taxes
June 13, 2024 | Patricia C. Marcin | Trusts & Estates | Tax

Giving assets away during lifetime to reduce estate taxes due upon your death is not the “no-brainer” it used to be. Sometimes, holding onto assets until your death lowers total taxes.

Income tax, gift tax and estate tax benefits can differ dramatically, depending on the income tax basis of the assets to be gifted or

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New York Enacts Transfer-on-Death Deed Law
May 21, 2024 | Nicholas G. Moneta | Trusts & Estates

On April 20, 2024, New York State adopted legislation that allows for so-called transfer-on-death (TOD) deeds as part of its Fiscal Year 2025 Executive Budget. The TOD Deed Law, which takes effect on July 19, 2024, will be codified as a new Section 424 of the N.Y. Real Property Law.

Similar to a payable-on-death designation

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Estate Planning for Families with Children Who Have Special Needs
May 13, 2024 | Patricia C. Marcin | Trusts & Estates

A supplemental needs trust (SNT) is an important estate planning tool for those with a special needs child. It ensures that your special needs child is taken care of after you are gone. Unlike other types of trusts, assets placed in an SNT can only be used for items not paid for by government benefits,

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Legal Spring Cleaning and Refreshing Your Affairs
April 29, 2024 | Christina M. Bezas | Trusts & Estates | General Liability

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your legal affairs. As time goes on, your legal needs may change.

The following five

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Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting
April 15, 2024 | Trusts & Estates

What Happens:

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited because she is not married.

Kate learns of the Chaffee Bicknell surrogacy center and is connected with Angie Ostrowski,

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