In New York, a trust may be created for any lawful purpose. A trust differs from a will in that a will sets out how a person would like her assets and property distributed after she dies, and a trust creates a fiduciary (trust) relationship where the person authorizes...
The uses of revocable and irrevocable trusts
People in New York who are creating an estate plan might wonder whether they should use a revocable or irrevocable trust. A revocable trust can be changed at any time in a person's lifetime while an irrevocable trust cannot, but it does not offer the same protections....
Advantages and disadvantages of an irrevocable trust
Some people in New York may wonder whether a revocable or irrevocable trust would be best for their estate plan. In most cases, a revocable trust, which remains in the creator's control, is sufficient for keeping the assets out of probate so they can pass quickly and...
Important considerations when creating an estate plan
Many New Yorkers put off the estate planning process because they think they have too few assets to bother. However, an estate plan is important for all adults who want to have the final say in how their assets will be distributed. It can also appoint people to make...
Court takes on question of state income taxes and trusts
In North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust, a beneficiary received a tax bill from the state for over $1 million.The problem? She had not received the income the state was attempting to tax. The state was attempting to apply a...
Could a trust have solved Tom Petty’s estate battles?
Tom Petty, the world-renowned singer-songwriter, passed away in 2017. His beneficiaries include two adult daughters and a wife. His wife at the time of his passing was not the mother of his children.Like most blended families, the death of the uniting factor -- in...
Did the new tax law make trusts obsolete?
A trust is an estate planning tool that can reduce one's estate tax obligation. As a result, some may think the increased estate tax exemption rates that went into effect with the passage of the Tax Cuts and Jobs Act (TCJA) have made the need for a trust...
Two Smart Reasons for Creating a Supplemental Needs Trust for Loved Ones with Special Needs
A special needs trust is a legal document that can help to better ensure the care of loved ones who are unable to make decisions on their own. This legal tool, also referred to as a supplemental needs trust, offers many benefits.What are the benefits of a supplemental...
Pet owners: Why you should consider a pet trust
New Yorkers are our own breed: Our pets are our 'fur babies'. They come in all sorts of shapes and sizes and are, unequivocally, an integral part of the family. Perhaps a tough thought, but what happens to them should you pass away? Here's a chilling fact: the law...
Trusts for pets may sometimes face tax liability
Many of us are animal lovers and non-human companions come in a lot of shapes and sizes. As we have noted in another section of our site, millions of New Yorkers have pets they love as much as (or perhaps more than) family. Understandably, it's not unusual for pets to...
