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A thought for your family A medical emergency can quickly become a financial crisis when nobody has legal authority to help. Picture a Tuesday that starts like any other. By lunchtime, you're in the hospital after a sudden stroke, and you can't speak for yourself. Your family rushes in. They love you, they know your wishes, and they're ready to help. Your spouse assumes they'll just pay the bills from your account. Your daughter figures she'll call the bank and explain. Then

When clients sign their advance directives, a common question is: "Can my living will say that my health care agent must be consulted before the doctors make a decision?" This comes up often when the agent has medical training, such as a nurse, and the client wants that person to weigh in. The answer starts with understanding what a living will does, and what it does not do, under New York law. First, No One Is Allowed to End Your Life Many people worry that signing a living

If you've ever left an IEP meeting with more questions than answers, you're not alone. Special education comes with its own language, timelines and paperwork. And for many parents, a bigger question sits quietly in the background: What happens when my child ages out of school? In our recent webinar, Jacqueline Scali of the FACE Center (Family and Community Engagement Center) at Long Island University shared free resources to help families navigate special education. Her ins

Congratulations! Someone trusted you enough to name you as trustee of their trust. That's a real honor. It means they believe in your judgment, your integrity, and your ability to handle something deeply important to their family. Now here's the first piece of advice we give every new trustee who walks through our door: Before you hand out a single dollar, stop. Breathe. And read this first. The #1 Mistake New Trustees Make It feels obvious, right? Someone passes away, money

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

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 honored

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 inclu

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