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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

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

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

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

Many married couples assume that when one spouse passes away, the other will automatically inherit everything without the need for...

Probate often brings to mind the distribution of a deceased person’s assets, but this legal process covers much more. It is rooted in history and plays a significant role in estate planning today. To fully grasp the implications of probate and how it might affect your family, let’s look into its definition, origins, and significance. What Is Probate? Probate is a court-supervised process that determines the distribution of someone's assets after they pass away. Whether or not