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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

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

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

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

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 fluctuating day to day, locking your rate might seem like a no-brainer, a little relief in an otherwise stressful process. But before you jump in and freeze that rate, let’s talk! As real estate attorneys working in New York, we see it all: delayed closings, unexpected paperwork issues, the works. Here’s something we can’t stress enough DO N

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,...