- ⭐️ Key
- ➡️ = A link to another post or page on this website that is available to all readers.
- 🔑 = A link to another post or page on this website that is available to ➡️ Paid Subscribers.
- 🖇️ = A link to another part of this Outline. Clicking on the link opens the part in a new tab in your browser. This allows you to read the relevant section, close the tab, and return to the Outline without losing your place.
- Administrator C.T.A.
- Artificial Intelligence
- ➡️ How AI Gives Me Confidence to Contribute to Professional Discussions
- AI’s Role in Financial Advisory
- AI is transforming the financial advisory industry by providing tools for lead generation, financial planning, client service, and administrative tasks.
- Benefits of AI for Advisors: AI allows advisors to streamline operations, improve efficiency, and focus on client relationships.
- Importance of Data Privacy: Ensuring data privacy and compliance remains crucial as AI tools become more prevalent.
- Resources
- Satayan Mahajan, Your New AI Assistant (No, It Won't Steal Your Job), WealthManagement, Oct. 3, 2024: AI is transforming the financial advisory industry, providing tools for lead generation, financial planning, client service, and administrative tasks. By leveraging machine learning and generative AI, advisors can streamline operations, improve e neefficiency, and focus on client relationships. However, ensuring data privacy and compliance remains crucial as AI tools become more prevalent.
- Orly Mazur & Adam Thimmesch, Transforming Tax Communications With Large Language Models, 185 Tax Notes Fed. 757 (Oct. 28, 2024).
- Beneficiary Designation
- Definition: ➡️ beneficiary form. EPTL 13-4.1(a).
- NY: A will can revoke or amend a beneficiary designation. ➡️ EPTL 13-4.6(b).
- 🔑 NY: Generally, a will cannot change the beneficiaries of a life insurance policy
- Bluebook
- Online: https://www.legalbluebook.com/
- Case Unsealing
- Charitable Planning
- Donor Advised Fund (DAF)
- Definition of 🔤 Donor Advised Fund (DAF)
- Donor Advised Fund (DAF)
- Chicago Manual of Style
- Devise
- Definitions
- Types of devises
- Distributee
- Definition of 🔤 distributee.
- Dynasty Trust
- Estate Administration
- Fiduciaries manage estate complexities and bear the consequences of their decisions. See, e.g., ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Estate Planning
- Ethics
- Ethical Duties of Estate Planners
- Do estate planners owe duties to beneficiaries?
- What is the scope of those duties?
- How does this vary across jurisdictions?
- Duty of confidentiality vs. transparency to heirs
- Can estate planners disclose confidential information to beneficiaries?
- What ethical boundaries exist when discussing client intentions with heirs?
- Duty to suggest alternatives
- Should estate planners propose alternative plans if the client’s wishes may lead to family disputes?
- What are the limits of the planner’s role in guiding decisions?
- Potential conflicts of interest
- What should estate planners do when representing multiple family members with differing interests?
- How should planners navigate loyalty to the client while considering potential claims by beneficiaries?
- Moral obligations vs. legal duties
- What happens when a client’s wishes are legally sound but ethically questionable?
- Should estate planners ever refuse to execute morally controversial estate plans?
- Duty to prevent future litigation
- Should estate planners take steps to mitigate potential disputes after the client’s death?
- Is there an obligation to foresee and address familial tensions during planning?
- Do estate planners owe duties to beneficiaries?
- Professional Responsibility and Ethical Guidelines
- How do professional codes of conduct (ABA, state bars) define an estate planner's ethical boundaries?
- What role does continuing legal education (CLE) play in shaping ethical estate planning practices?
- Handling client incapacity or undue influence
- What steps should estate planners take when they suspect a client is being unduly influenced?
- How can planners ethically assess a client’s mental capacity to make decisions?
- Conflicts between Legal Obligations and Personal Ethics
- How should estate planners manage situations where legal requirements conflict with personal moral beliefs?
- What are the consequences of refusing to work on morally objectionable estate plans?
- Can estate planners ethically withdraw from representation if they disagree with the client’s wishes?
- Transparency in Fee Arrangements
- How can estate planners ensure their fee structures are ethical and transparent to clients?
- What are the ethical obligations when discussing fees with clients and beneficiaries?
- Are there best practices for avoiding fee disputes?
- Balancing Client Autonomy and Ethical Judgment
- Should estate planners intervene when they believe a client is making a harmful decision?
- How can planners ensure they respect client autonomy while maintaining ethical standards?
- Ethical Duties of Estate Planners
- 🗓️ Events
- 🗓️ 11/14/2024 4:00 PM - 5:20 PM EST: Republican Victory: How Estate Planners Can Stay Relevant and Keep Practice Momentum. The speakers for this complimentary webinar are Martin Shenkman, Esq., Jonathan G. Blattmachr, Esq. and Robert S. Keebler, CPA; and it is sponsored by Peak Trust Company and Interactive Legal Systems (ILS). Register here.
- Events Archive
- 11/7/2024 🗓️ Linda Maryanov's T&E Think Tank Zoom study session -- New York Transfer on Death Deeds.
- 10/24/2024 🗓️ Linda Maryanov's T&E Think Tank Zoom study session -- Open Mic.
- 10/17/2024 🗓️ In-Person Event: Round Table on Nursing Home Problems & Solutions in Pittsford, NY
- 10/10/2024 🗓️ Linda Maryanov's T&E Think Tank Zoom study session -- Open Mic. • A particularly interesting discussion arose around the treatment of clawed-back gifts in New York estate tax, leading to this post: ➡️ NY Estate Tax: Why Clawed-Back Gifts Don’t Get a Basis Step-Up
- 9/23/2024 🗓️ Free Webinar for Caregivers: Planning for Long-Term Care Needs in New York
- 9/19/2024 🗓️ Join the T&E Think Tank: Meet the Chiefs 2024
- 9/19/2024 🗓️ CLE via Zoom on New York Probate and Transfer on Death Deeds
- 9/17/2024 🗓️ Complimentary Webinar on Helping More People Navigate the Dementia Journey (InterActive Legal)
- 9/5/2024 ➡️ Thursday Think Tank: Open Mic
- 9/5/2024 ➡️ Webinar on the Loper Bright United States Supreme Court Decision
- Federal Gift Tax
- To determine whether a gift reduces the lifetime exemption and/or is reportable, see the flowchart & discussion on Nerd's Eye View (10/9/2024).
- Federal Income Tax
- Realization
- Definition of 🔤 realization.
- See Sloan G. Speck, The Realization Rule as a Legal Standard, 16 Colum. J. Tax. L. __ (forthcoming 2024) (SSRN link): The realization rule in tax law is a legal standard, not a rule. A constitutional realization requirement could erode tax law from the bottom up and increase complexity.
- Realization
- Intentionally Defective Grantor Trust (IDGT)
- Kamala Harris
- Lawmatics
- Lawmatics website: https://www.lawmatics.com/pricing/
- Life Insurance
- Limited Power of Appointment
- MyCase
- MyCase website: https://www.mycase.com/
- MyCase API
- MyCase's API is available only in the Advanced subscription.
- MyCase API Documentation
- NY Ademption
- NY Administrator C.T.A.
- Generally: 🖇️ Definitions for administrator c.t.a.
- Renunciation of Letters of Administration C.T.A.
- NY Capacity
- NY Choice of Law Clause
- NY Civil Practice Rules (CPLR)
- NY Conflict of Laws
- NY Construction Proceeding
- NY Cooperative Apartments (COOPs)
- NY Delegation by Trustee
- SCPA 2115: Review of costs of delegation by trustee
- NY Discovery
- Methods of Obtaining Disclosure - CPLR 3102
- Disclsoure Devices: CPLR 3102(a) permits information to be obtaining by one or more of the following disclosure devices:
- Depositions upon oral questions
- Depositions without the state upon written questions
- Interrogatories
- Demands for addresses
- Discovery and inspection of documents or property
- Physical and mental examinations of persons
- Requests for admission
- Discovery Methods: CPLR 3102(b) governs disclosure methods.
- CPLR 3102(b) identifies three disclosure methods, unless otherwise provided by the civil practice law and rule or by the court:
- Stipulation
- On notice
- By leave of the court
- CPLR 3102(b) states that disclsoure is generally obtained by stipulation or on notice iwthout leave of court.
- CPLR 3102(b) identifies three disclosure methods, unless otherwise provided by the civil practice law and rule or by the court:
- Before Action Commenced: CPLR 3102(c) allows disclosure even before an action is started but only by court order.
- CPLR 3102(c) identifies the reasons for pre-action disclosure:
- To aid in brining an action
- To preserve information
- To aid in arbitration
- CPLR 3102(c) states that acourt may appoint a referee to take testimony.
- CPLR 3102(c) identifies the reasons for pre-action disclosure:
- After Trial: CPLR 3102(d) states that after a trial is commenced, dislcosure can only be obtained by court order on notice, unless CPLR 5223 provides otherwise.
- Actions Pending in Another Jurisdiction: CPLR 3102(e) governs diclosure when an action is pending in another jurisdiction.
- Action to Which States Is Party: CPLR 3102(f) states that when the state is a party (whether as plaintiff, defendant or otherwise), disclosure by the state will be available as if the state were a private person.
- Disclsoure Devices: CPLR 3102(a) permits information to be obtaining by one or more of the following disclosure devices:
- Methods of Obtaining Disclosure - CPLR 3102
- NY Equitable Estoppel
- NY Estate Administration
- Unresponsive Executor
+ If a nominated executor becomes unresponsive before the probate petition, then a lawyer who is safekeeping their client's will can 🔑 file the will in court.
- Unresponsive Executor
- NY Estate Tax
- NY Estates, Powers and Trusts Law (EPTL)
- Article 1: General Provisions
- Article 2: Rules Governing Dispositions Subject to This Law
- Part 1: Substantive Rules Governing Dispositions
- EPTL 2-1.1 Heirs at law and next of kin defined
- EPTL 2-1.2 Issue to take per capita, per stirpes or by representation
- EPTL 2-1.3 Adopted children and posthumous children as members of a class
- EPTL 2-1.4 Words of inheritance unnecessary
- EPTL 2-1.5 Advancements and their adjustment
- EPTL 2-1.6 Disposition of property where a person dies within on hundred twenty hours of another person or any other event
- EPTL 2-1.7 Presumption of death from absence; effect of exposure to specific peril
- EPTL 2-1.8 Apportionment of federal and estate or other death taxes; fiduciary to collect taxes from property taxed and transferees thereof
- EPTL 2-1.9 Distributions in kind by executors and trustees
- EPTL 2-1.10 Provisions relating to infants and minors
- EPTL 2-1.11 Renunciation of property interests
- EPTL 2-1.12 Credit shelter formula bequests
- EPTL 2-1.13 Certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December thirty-first, two thousand nine and before January first, two thousand eleven
- EPTL 2-1.14 Right to recover state estate and gift taxes where decedent retain interest
- EPTL 2-1.15 Consequences of partly ineffective dispositions of trust principal to two or more beneficiaries
- Part 1: Substantive Rules Governing Dispositions
- Article 3: Substantive Law of Wills
- Part 1: Who May Make and Receive Testamentary Dispositions of Property; What Property May Be Disposed of By Will
- Part 2: Execution of Wills
- Part 3: Rules Governing Testamentary Dispositions
- Part 4: Revocation of Wills and Related Subjects
- Part 5: Rules Governing Wills Having Relation to Another Jurisdiction
- Article 4: Descent and Distribution of an Intestate Estate
- Article 5: Family Rights
- Part 1: Rights of Surviving Spouse
- Part 3: Rights of Family Unit
- Part 4: Rights of Members of Family Resulting from Wrongful Act, Neglect or Default Causing Death of Decedent
- Article 6: Classification, Creation, Definition Of, and Rules Governing Estates in Property
- Article 7: Trusts
- Part 1: Rules Governing Trusts
- EPTL 7-7.1: When trust interests not to merge
- EPTL 7-1.9: Revocation of Trusts
- ➡️ EPTL 7-2.6: Resignation, Suspension or Removal of Trustee
- Part 1: Rules Governing Trusts
- Article 8: Charitable Trusts
- Article 9: Perpetuities and Accumulations
- Article 10: Powers
- Article 11: Fiduciary: Powers, Duties and Limitations; Actions By or Against in Representative or Individual Capacities
- Article 11-A: Uniform Principal and Income Act
- Article 12: Actions By Creditors and Other Persons Against Distributees and Testamentary Beneficiaries
- Article 13: Other Provisions Affecting Estates
- Part 1: Assets of Decedent's Estate
- Part 2: Statute of Frauds Requirements
- Part 3: Miscellaneous Provisions
- Part 4: Transfer-on-death Security Registration
- EPTL 13-4.1 Definitions
- ➡️ EPTL 13-4.1(a) defines "beneficiary form."
- EPTL 13-4.2 Registration in beneficiary form; sole or joint tenancy
- EPTL 13-4.3 Applicable law
- EPTL 13-4.4 Origination or registration in beneficiary form
- EPTL 13-4.5 Form of registration in beneficiary form
- EPTL 13-4.6 Effect of registration in beneficiary form
- ➡️ EPTL 13-4.6(b) allows testators to revoke or amend a beneficiary designation.
- EPTL 13-4.7 Ownership on death of owner
- EPTL 13-4.8 Protection of registering entity
- EPTL 13-4.9 Nontestamentary transfer on death
- EPTL 13-4.10 Terms, conditions, and forms
- EPTL 13-4.11 Rules of construction
- EPTL 13-4.12 Application
- EPTL 13-4.1 Definitions
- Article 13-A: Administration of Digital Assets Summary of Article
- Article 14: Repealer; Derivation and Distribution Tables; Effective Date
- NY Executor
- Fiduciaries
- Definitions
- Fiduciary Responsibilities
- Fiduciaries are responsible for making decisions and may face personal liability for their actions. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Judicial Oversight of Fiduciaries
- Courts oversee fiduciary actions but do not substitute their judgment for that of the fiduciary. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- NY Fiduciary Accounting
- 🔑 Computer Programs for Preparing Surrogate's Court Accounting
- Accounting Proceeding
- Compulsory Accounting Proceeding
- Surviving Spouse Can Commence Compulsory Accounting
- Executor Can Object to Compulsory Accounting By Alleging Surviving Spouse Lacks Standing
- Surviving Spouse Can Commence Compulsory Accounting
- Standing: Who has standing in an accounting proceeding?
- Compulsory Accounting Proceeding
- NY Guardianship: Article 81
- ➡️ Guardian Cannot Amend Revocable Trust When Capacity Is Required for Amendment.
- Guardianship services for nursing home: 🔑 Sample language in retainer agreement.
- NY Historic District for Home
- NY In Terrorem Clause
- Whether a no-contest clause is triggered: Which actions trigger an in terrorem clause?
- NY Irrevocable Trust
- Uses of Irrevocable Trusts
- Asset Protection
- Charitable Planning
- Estate Planning
- Elder Law Planning (Long-Term Care Planning)
- Retirement Planning
- Tax Planning
- 🔑 Real Property in Irrevocable Trust: Beneficiaries Don’t Own the Real Property
- Uses of Irrevocable Trusts
- NY Joint Venture
- "[A]s a general proposition, absent an agreement to the contrary, partners, joint venturers, and tenants in common look solely to the appreciation of their interest in the endeavor for their financial rewards, and are not entitled to separate compensation for services rendered (see, Levy v Leavitt, 257 N.Y. 461, 467; Myers v Bolton, 157 N.Y. 393, 399)." Birnbaum v. Birnbaum, 73 NY 2d 461 (1989).
- NY Landlord & Tenant
- NY Law of the Case
- "The law of the case doctrine is part of a larger family of kindred concepts, which includes res judicata (claim preclusion) and collateral estoppel (issue preclusion). These doctrines, broadly speaking, are designed to limit relitigation of issues. . . . . As distinguished from issue preclusion and claim preclusion . . . law of the case addresses the potentially preclusive effect of judicial determinations made in the course of a single litigation before final judgment." People v. Evans, 94 N.Y.2d 499, 502 (2000) (citations omitted, emphasis in original).
- NY Legal Fees in Litigation
- NY Lifetime Trusts
- NY Matrimonial Law
- NY Medicaid Asset Protection Trust (MAPT)
- NY Motion to Dismiss Complaint
- NY CPLR Rule 3211: Motion to Dismiss
- Insufficient Complaint: If the complaint does not state a cause of action.
- Court’s Review Process: What does the court consider when reviewing the motion?
- NY Partnership
- "Partners, however,and particularly managing partners, owe a fiduciary duty to the other partners (see, Meinhard v Salmon, 249 N.Y. 458, 468)." Birnbaum v. Birnbaum, 73 NY 2d 461 (1989).
- "[A]s a general proposition, absent an agreement to the contrary, partners, joint venturers, and tenants in common look solely to the appreciation of their interest in the endeavor for their financial rewards, and are not entitled to separate compensation for services rendered (see, Levy v Leavitt, 257 N.Y. 461, 467; Myers v Bolton, 157 N.Y. 393, 399)." Birnbaum v. Birnbaum, 73 NY 2d 461 (1989).
- NY Probate Petition
- NY Power of Appointment
- NY Power of Attorney
- NY Punitive Damages
- NY Remainder Beneficiaries
- NY Renunciation
- NY Revocable Trust
- Terms of Revocable Trust Determine Scope of Authority to Revoke or Amend
- NY Safe Deposit Box
- Petition to Search Safe Deposit Box
- NY Specific Devise
- NY Sprinkle Trust
- NY Standing
- 🔑 Remainder Beneficiaries of a Trust Have Standing in Accounting Proceeding
- 🔑 Remainder Beneficiaries of a Trust Have Standing in a Proceeding to Remove a Trustee
- 🔑 Takers in Default of a Power of Appointment Have Standing in Accounting Proceeding
- 🔑 Prospective Sprinklees of Trust Income Have Standing in Accounting Proceeding
- 🔑 Appointees Under Powers of Appointment That Have Not Yet Been Exercised Have Standing in Accounting Proceeding
- NY Staple Affidavit
- NY Statutes of Limitations
- NY Stipulations
- Summary Judgment & Stipulations
- Setting Aside a Stipulation
- 🔑 Courts Favor Settlement Stipulations When Parties Have Legal Representation
- Grounds for Setting Aside a Stipulation
- 🔑 Fraud
- Overreaching (Coercion or Duress)
- 🔑 Repudiation
- Lack of Capacity
- Voiding a Stipulation
- NY Summary Judgment
- Proponent must make a 🔑 prima facie showing of entitlement.
- Then, the 🔑 burden shifts to the opposing party.
- 🔑 Standard for Deciding a Summary Judgment in a NY Probate Proceeding
- 🔑 Court Can Grant Summary Judgment on Stipulation Interpretation When Parties’ Intent is Clear
- 🔑 Fiduciaries Denied Summary Judgment for Use and Occupancy Fees Due to Lack of Proof and Uninhabitability Claims
- NY Supplemental and Special Needs Trust (SNTs)
- First Party SNT
- Guidelines for Trustees of First Party Supplemental Needs Trusts, NYSBA Special Needs Planning Committee.
- Third Party SNT
- Trustee Guidelines for Administration of a Supplemental Needs Trust, NYC Department of Social Services.
- John Lensky Robert, Drafting Supplemental and Special Needs Trusts, NYSBA, Fall 2013.
- First Party SNT
- NY Surrogate's Court
- NY Surrogate's Court Procedure Act (SCPA)
- ➡️ SCPA 207: Lifetime Trusts; Jurisdiction and Venue
- ➡️ SCPA 304: Contents of Petition
- ➡️ SCPA 711: Suspension, Modification or Revocation of Letters or Removal for Disqualification or Misconduct
- SCPA 1403: Persons to be served; content of process
- SCPA 1403(1)(d): "Any person designated as beneficiary, executor, trustee or guardian in any other will of the same testator filed in the surrogate's court of the county in which the propounded will is filed whose rights or interests are adversely affected by the instrument offered for probate."
- SCPA 1403(1)(d) can come up when a lawyer 🔑 files a will in Surrogate's Court because a nominated executor is unresponsive.
- SCPA 1403(1)(d): "Any person designated as beneficiary, executor, trustee or guardian in any other will of the same testator filed in the surrogate's court of the county in which the propounded will is filed whose rights or interests are adversely affected by the instrument offered for probate."
- ➡️ SCPA 1404: Witnesses to Be Examined; Proof Required
- SCPA 1418: Letters of administration with will annexed; when and to whom granted
- ➡️ SCPA 1420: Proceeding for construction of will; effect of decree
- ➡️ SCPA 2307 Commissions of Fiduciaries Other Than Trustees
- 🔑 SCPA 2508: Filing of will of decedent
- NY Tax Law (Statutes)
- TL § 954 Resident's New York Gross Estate
- NY Tenants in Common
- "[A]s a general proposition, absent an agreement to the contrary, partners, joint venturers, and tenants in common look solely to the appreciation of their interest in the endeavor for their financial rewards, and are not entitled to separate compensation for services rendered (see, Levy v Leavitt, 257 N.Y. 461, 467; Myers v Bolton, 157 N.Y. 393, 399)." Birnbaum v. Birnbaum, 73 NY 2d 461 (1989).
- NY Title Insurance
- Endorsements
- ALTA v. TIRSA
- ALTA = American Land Title Association, which means it is used nationally
- TIRSA = specific to New York and not national
- ALTA v. TIRSA
- Endorsements
- NY Transfer on Death Deed
- Limitations
- Ancillary transfer documents (like TP-584, RP-5217, and IT-2663) are not required when recording NY TOD deeds, Except in Erie County and Niagara County. See ➡️ No Ancillary Transfer Documents Required for Recording (Except in Erie County & Niagara County).
- NY Trustees
- NY Trusts
- NY Undue Influence
- NY Use and Occupancy in Surrogate's Court
- NY WebSurrogate
- NY Wills
- ➡️ "I Love You" Will Might Not Show Love to Surviving Spouse
- ➡️ Share the Location of Your Will, or It Will Be Worthless
- Testamentary Capacity
- Scope of a Will
- A will can revoke or amend a beneficiary designation. ➡️ EPTL 13-4.6(b).
- 🔑 Generally, a will cannot change the beneficiaries of a life insurance policy
- Staples
- Safekeeping a Will
- Lawyer Can Safe-keep a Will
- If a nominated executor stops responding before the probate petition, then a lawyer who is safekeeping their client's will can 🔑 file the will in court.
- Lawyer Can Safe-keep a Will
- NY Wrongful Death
- Fiduciaries determine whether to commence a wrongful death proceeding, not the court. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Peak Trust Company
- Power of Attorney
- Privacy
- Healthcare Information
- Health care worker gets 2 years for accessing Ruth Bader Ginsburg’s medical records, AP, Nov. 7, 2024. "Trent Russell, 34, of Bellevue, Nebraska, . . . worked at the time as a transplant coordinator for the Washington Regional Transplant Community and had access to hospital records all over the region . . . ." He was charged and "convicted earlier this year of illegally accessing health care records and destroying or altering records at a jury trial." He was charged "with publishing that information on the internet in 2019," but a jury acquitted him on this count. "[A]t one point [he] suggest[ed] that perhaps his cat walked across the keyboard in a way that mistakenly called up Ginsburg’s data. . . . [U.S. District Judge Michael] Nachmanoff, in issuing his sentence, said he took into account the fact that Russell has a sick step parent who might need care. The judge noted 'with some irony' that the details of the stepparent’s health problems are under seal.
- Healthcare Information
- Private Placement Life Insurance
- Private Placement Life Insurance: A Tax Shelter for the Ultra-Wealthy Masquerading an Insurance, Senate Finance Committee, Feb. 21, 2024.
- Real Property
- Research
- Digital Libraries
- New York Slip Decisions
- New York Fair Hearing Decisions by the Office of Temporary and Disability Assistance – "[Y]ou can search all of the Fair Hearing decisions issued by the Office of Administrative Hearings since November 1, 2010."
- New York Surrogate's Court Records: 🖇️ WebSurrogate
- Residuary Devise
- Retained Limited Power of Appointment
- A trust grantor can reserve a limited power to change trust beneficiaries.
- Federal Estate Tax: The property is included in the decedent's gross estate because the grantor retained "the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom." IRC § 2036(a)(1).
- Retained Possession or Enjoyment of Trust Property
- A trust grantor can retain the possession or enjoyment of trust property.
- Federal Estate Tax: The property is included in the decedent's gross estate because the grantor retained "the possession or enjoyment of . . . the property." IRC § 2036(a)(2).
- Retainer Agreements
- 🔑 Sample Retainer Agreement for Nursing Home: Valuable Language for Collection and Guardianship Services
- Collection services: 🔑 Sample hybrid billing agreement.
- Guardianship services for nursing home: 🔑 Sample language.
- Retirement
- Rule Against Perpetuities (RAP)
- SECURE Act (2019)
- Setting Every Community Up for Retirement Enhancement (Secure) Act of 2019 (P.L. 116-94).
- SECURE Act Regulations
- SECURE Act 2.0 (2023)
- Social Security
- "Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 2.5 percent COLA for 2025." [Fact Sheet]https://www.ssa.gov/news/press/factsheets/colafacts2025.pdf), ssa.gov.
- Specific Devise
- A type of 🖇️ devise.
- A specific devise is a preresiduary devise. C.f. 🖇️ residuary devise.
- See 🖇️ NY Specific Devise.
- Tax Basis
- Tax Policy
- Economic Incentives: Tax deductions are strategically used to influence behavior by reducing the cost of certain actions, encouraging employers and individuals to align with policy goals.
- Daniel Schaffa, Reimagining the Deduction for Employee Compensation, 57 U. Mich. J. L. Reform 417 (2024). This article proposes restructuring the employee compensation tax deduction to incentivize employers to hire and raise wages for low-wage workers, aiming to address wage stagnation and improve labor market participation.
- Populism and Taxation
- Economic Incentives: Tax deductions are strategically used to influence behavior by reducing the cost of certain actions, encouraging employers and individuals to align with policy goals.
- Technology
- Privacy
- ➡️ NY WebSurrogate: Protecting Privacy or Limiting Access?
- IDeviceHelp, STOP Your iPhone From listening to Your Private Conversations!, YouTube, Sept. 6, 2024.
- Privacy
- Transfer on Death Deed
- Trustee
- Selecting a Trustee
- Individual
- Professional
- Corporate
- Reununciation
- Disqualification
- Incapacity
- Other Inability to Act
- Acceptance
- Resignation: Once a trustee accepts the appointment, can the trustee resign?
- Removal
- Vacancy of Trustee
- New York: A court can fill a vacancy of a trustee under SCPA 706 or SCPA 1502.
- Duties of Trustee
- Accounting
- Selecting a Trustee
- TX Wills
- Writing
- ZineHS
- A tag on WTE that collects posts that explore the intersection of law and creativity. See ➡️ Welcome to ZineHS.
- The tag: ➡️ https://www.willstrustsestates.info/tag/zinehs/
- Posts:
- ➡️ Welcome to ZineHS
- 🔑 Visual Representation of Boolean Search Operators
- ➡️ Specific Statutes v. Case-by-Case Flexibility
- ➡️ Automation: Publishing Ebooks from Outlines and Blog Posts from Files
- ➡️ Restarted and Shared the Outline
- ➡️ Google Alert: Quick Notice for My Automation Blog Post
- ➡️ One Outline to Many Ebooks
- ➡️ Today’s Events: Think Tank Session and Loper Bright Webinar
- 🔑 Optimizing LinkedIn Embed Code In a Blog Post
- ➡️ Celebrating Professor Gerry Beyer: A Mentor from Afar
- ➡️ How AI Gives Me Confidence to Contribute to Professional Discussions
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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