Trusts & Estates

  • New York Law Journal

    The Closing Months of the Year

    By Ilene Sherwyn Cooper | February 2, 2024

    As 2023 came to an end, multiple decisions of interest were rendered by the Appellate and Surrogate's Courts throughout the state. Decisions addressed to such issues as the determination of a claim against the estate, the criteria for a stay of proceedings and summary judgment are discussed below.

    9 minute read

  • Daily Business Review

    Pitfalls of Self-Directed IRAs

    By David E. Bowers and Rachel L. Sears | January 30, 2024

    While a self-directed IRA has the capacity to house diverse alternative investments such as real estate, cryptocurrency, gold, and private equity; however, it also comes with potential pitfalls from a legal perspective that investors should be aware of.

    8 minute read

  • New York Law Journal

    The Impact of the CCAM on Trust Decanting in New York

    By Joseph T. La Ferlita and Nicholas G. Moneta | January 26, 2024

    On Dec. 29, 2023, the Office of the Chief Counsel of the IRS released Chief Counsel Advice Memorandum 202352018 (the CCAM). Although some have commented on the CCAM's impact on trust modifications, a further question is what impact, if any, will the CCAM have on trust decantings in New York?

    8 minute read

  • New York Law Journal

    Family Business: A Missed Succession Planning Opportunity

    By Jeffrey A. Galant | January 26, 2024

    In the annals of family business succession planning, this article discusses some clever, albeit flawed, attempts to transfer ownership interests in a mature enterprise to family members while avoiding the transfer tax toll.

    8 minute read

  • New York Law Journal

    Top Trusts and Estates Developments, Lessons and Reminders of 2023

    By Sharon L. Klein | January 26, 2024

    In this article, Sharon L. Klein highlights the top 10 developments, lessons and reminders out of the trusts and estates field from the previous year.

    19 minute read

  • New York Law Journal

    Implementation of the Corporate Transparency Act by the Trusts and Estates Community

    By Juliya L. Ismailov | January 26, 2024

    This article discusses the background of the Corporate Transparency Act, its legislative framework and definitions, and—specific to the trusts and estates arena—what issues might arise with respect to reporting an ownership interest held in a trust.

    9 minute read

  • New York Law Journal

    IDGTs: Flexible Drafting Saves the Day When Intended Benefits Become a Burden

    By Alison Powers Herman and Karen T. Schiele | January 26, 2024

    Transferring assets to an intentionally defective grantor trust (IDGT) is a potentially powerful estate planning technique, allowing an individual to pass significant value to his or her intended beneficiaries transfer tax-free.

    8 minute read

  • New York Law Journal

    Trust(s) in Marriage and Divorce

    By David I. Faust | January 26, 2024

    Marriages may be made in heaven but, in the courts of the state of New York, marriages are treated as economic partnerships. There are three economic aspects to this partnership: equitable distribution, maintenance and child support. Trust law and matrimonial law intersect on all three.

    8 minute read

  • New York Law Journal

    Unpleasant Surprises When a Foreign National Dies Owning Property in New York

    By Susan Rothwell | January 26, 2024

    The purpose of this article is to alert practitioners to how easily a foreigner's New York estate can be compelled to bring a proceeding in a New York Surrogate's Court and owe federal (and sometimes state) estate taxes, all of which add significant expense and delays before beneficiaries can receive the New York property.

    9 minute read

  • The Legal Intelligencer

    Dilworth Acquires Suburban Phila. Trusts & Estates Boutique

    By Amanda O'Brien | January 23, 2024

    In addition to adding on one partner, two associates, and four staff members, Dilworth is taking over Yorkway Law Group's leases in Jenkintown, Feasterville and Doylestown.

    4 minute read

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