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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

Blended and non-traditional families are everywhere these days and that’s a wonderful thing! But when it comes to estate planning , they bring unique challenges. According to Pew Research , 1 in 6 children live in a blended family. Two-parent households are on the decline in the U.S., as divorce, remarriage, and cohabitation rise. Blended families often include step-kids, half-siblings, and kids from previous marriages, turning what might be a straightforward plan for a tradi

Owning a co-op in New York City isn’t just an investment, it’s a commitment to navigating some of the most complex estate planning  rules around. Unlike traditional real estate, transferring a co-op to heirs or into a trust requires careful strategy and cooperation from the building’s Board of Directors. This guide will help clarify how estate planning, trusts, and co-op ownership intersect, so you can protect your New York co-op apartment and make sure your wishes are honore

Once upon a time, estate planning meant spelling out who gets grandma’s china or the family home. Fast-forward to today, and your digital life matters just as much, maybe even more! From crypto to cloud photos to social media to online business, your digital assets are part of your legacy, and if you don’t make a plan, your loved ones could be left out in the digital cold.   What ARE Digital Assets Anyway? Digital assets are any items, accounts, or content you own or control

So, you’ve finally made it mortgage paid, house looking good, and you’re thinking, “It’s time to put the kids’ names on the deed, so they’ll avoid probate and headaches down the road.” Sounds simple, right? But before you grab a pen (or call your lawyer), let’s pump the brakes and talk about why this “good deed” might backfire in the long run.   The Good Intentions Trap Of course, you love your kids and want to make life easier for them. Adding them to your home’s deed feels

Big news for New Yorkers: as of July 19, 2024, Transfer on Death (TOD) deeds are officially here! If you’ve been wondering if there’s an easier way to leave your home to loved ones without court delays, this is a big win. At Sammartino & Sultan Law Group, we’re excited to break down how TOD deeds work, what makes them awesome, and reasons you might want to chat with an estate planning attorney before signing anything.   What’s Changed? No more jumping through hoops just to ke

Real estate is often the biggest part of a family’s wealth, so it deserves careful planning. Estate planning for property is not just about who gets the house or rental when you die. It is also about protecting those properties from lawsuits, creditors, and other surprises during your lifetime.   Why Real Estate Asset Protection Matters If someone is hurt on your rental property, or a dispute leads to a lawsuit, everything you own in your name  could be at risk. That may inc

When people in New York think about estate planning , they often imagine it’s only for the wealthy. But the truth is, tools like revocable trusts and irrevocable trusts can benefit families of all sizes, whether you own a Brooklyn brownstone, a Long Island home, or a small co-op apartment in Queens. At Sammartino & Sultan Law Group, one of the most common questions we hear is: What’s the difference between a revocable trust and an irrevocable trust and which one should I choo

If you or a loved one relies on Medicaid for home care in New York, pay close attention, big changes have just been enacted! At...

If you’re in the middle of buying a home, there’s a good chance you’ve already heard about “locking in your interest rate.” With rates...

At Sammartino and Sultan, we’re committed to raising awareness about elder abuse, a hidden and often overlooked problem. This abuse can...

When most people hear “estate planning,” they picture the rich or folks heading into retirement. But here’s the truth, if you’re over 18,...

When someone passes away in New York without a will and their only major asset is real estate, families often wonder: “Do we really need...

When it comes to planning for the future, one big question is: Should I have a will, a trust, or both? Let’s break down what each does,...

Divorce doesn’t just affect your day-to-day life, it can also shake up your estate plan in significant ways. If you’re going through or...

At Sammartino & Sultan Law Group, we've had numerous discussions with clients about safe deposit boxes, and our stance remains the same....

Joint tenancy is a popular way for two or more people to co-own property in New York, like a home, business, or bank account. It comes...

It is essential to recognize that estate planning is not a one-time event but rather an ongoing process that should evolve alongside...

When administering an estate, executors or administrators may be required to obtain a probate bond. This crucial step protects...