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Can a Handwritten Will Actually Hold Up in Court? In New York, the short answer is rarely, and not without a fight. A handwritten will, legally called a holographic will, is only recognized in New York under very limited circumstances, primarily for active military members. For everyone else? A handwritten document stuffed in a couch cushion or stashed in a cabinet isn't going to cut it, no matter how clearly your intentions seem on paper. Here's why holographic wills are so

What Does "Intestate" Mean? When you die without a will, you die intestate and that means the state where you live steps in and decides who gets what. Not you. Not your family. The state. New York intestacy laws follow a strict order that looks something like this: Spouse first- Your spouse inherits everything if you have no children Then children- If you have both a spouse and children, your spouse receives the first $50,000 plus half of the remainder, your children split th

What Does "Funding a Trust" Actually Mean? Funding a trust means legally transferring your assets into the trust's name. It's not automatic. It doesn't happen just because you signed the trust paperwork. It requires deliberate, specific action for each asset. Here's what that looks like in the real world: Your home: The deed must be legally re-titled from your name into the name of your trust. "John Smith" becomes "John Smith, Trustee of the John Smith Revocable Living Trust.

Dear New York Homeowner, Transfer-on-Death deeds commonly called TOD Deeds have become an increasingly popular estate planning tool in New York. The appeal is obvious: name a beneficiary on your deed, and when you pass away, the property transfers to them automatically. No probate. No court. Simple, right? Not exactly. What nobody tells you upfront is what happens after the homeowner dies and what title companies in New York are now requiring before that property can actuall

Across New York State, billions of dollars in unclaimed property are being safely held by the Office of the State Comptroller, waiting for owners or heirs to claim them. For many families, these forgotten assets can play an important role in a well-structured New York estate plan. Unclaimed property often includes old bank accounts, uncashed checks, stock dividends, security deposits, and unused gift cards that have been inactive for a period of time. When the financial insti

When you first set up your trust, it probably reflected your life as it looked then: your family, your relationships, your assets, and your goals. But life doesn’t stay still and your trust shouldn’t either. Over time, a trust that once fit perfectly can become misaligned with your reality. That doesn’t mean it stops working altogether, but it can quietly set the stage for confusion, conflict, or outcomes you never intended. Why Updating Your Trust Matters A trust is one of

If you live in New York, you’ve probably heard this advice: “Just add your child to your house deed or bank account so it won’t go through probate.” It sounds simple, but this “shortcut” can create bigger problems than the probate process you’re trying to avoid. In many cases, adding a family member to your assets immediately takes away your legal control and makes your real wishes hard, or impossible, to enforce later. There are safer ways to avoid New York probate withou

In New York, spouses are still legally married and entitled to an inheritance until the divorce is final. If you die during your divorce, your spouse may have rights to half your assets while the divorce is pending, even if you are separated, unless you have a signed waiver (discussed below). It is crucial to speak with a New York estate planning attorney (in addition to your divorce attorney) about your specific situation. 1. While You Are Separated or Before Starting Div

Good news for New Yorkers planning for long-term care: a new Medicaid rule taking effect in January 2026 could help you keep more of your retirement savings if you ever need Medicaid benefits. What Changed? In the past, Medicaid required applicants to take out the largest possible withdrawals from their retirement accounts, such as IRAs, before they could qualify for benefits. This was called “maximizing” withdrawals. For many people, that meant pulling out more money