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Articles Posted in brooklyn estate planning

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NEW YORK’S INTESTACY LAWS

As was outlined in the most recent blog posting, if you compare the costs and benefits of creating a will now versus passing away intestate, there is no doubt that the benefit is huge and the cost is small.  It is thus high time to explore New York’s intestacy laws…

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HOW TO ASSURE AN ESTATE BATTLE

HUGUETTE CLARK AS EXEMPLAR The last member of the gilded age passed away just a few years ago. Huguette Clark’s life, in some ways, seems to mirror the classic Orson Welles classic One of the first things that she did to insure an estate battle was to pass the entirety of her…

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THE GRAT – GRANTOR RETAINED ANNUITY TRUST – NOT JUST A TOOL FOR THE UBER WEALTHY

Grantor retained annuity trust (GRATs) are tremendous tools not just for the ultra wealthy, such as Mark Zuckerberg and the other founders of facebook, it is an estate planning technique that allows for a trust grantor to avoid paying gift taxes on the assets that they place into the trust…

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FEDERAL COURT EXCEPTION TO PROBATE JURISDICTION

FEDERAL COURTS ARE COURTS OF LIMITED JURISDICTION There is little question that Federal Courts are courts of limited jurisdiction. If there is neither original jurisdiction, meaning a question of federal law or rights that arise as a result of federal legislation nor complete diversity of the parties, meaning that all of…

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LACKING IN MENTAL CAPACITY AND FAMILY, WHO DECIDES

On June 24, 2015 a trial Court in California invalidated a California law as unconstitutional, which created a default surrogate decision maker when that individual is mentally incapacitated and does not have a family member, or anyone else for that matter, to make key decisions for them.  The law and…

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WHAT OF MY ESTATE PLANNING IF MOVE TO ANOTHER JURISDICTION?

Say you live here in New York and made significant plans to avoid probate.   You have a will, own a business that you pass on and even set aside significant assets for your grandchildren. You worked hard to put your financial house in order.  Now you find out that you…

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