In New York, the inheritance tax used to be repealed in 1987, which capacity that beneficiaries do now not have to pay New York State taxes on inherited property or cash received from an estate. However, there might also be federal property taxes that follow large estates. For the tax year 2021, estates worth over $11.7 million are a problem for federal estate taxes.

Observing that the property may owe taxes on earnings earned after the individual’s death is vital. Beneficiaries may also owe profits taxes on any distributions of earlier untaxed profits or good points from the estate. It’s first-class to seek advice from a tax expert for specific instruction on inheritance-related taxes. In NY, it is vital to recognize the tax implications of receiving an inheritance. Many people wonder: do you have to pay taxes on an estate in NY? The answer is quite complex and relies upon several factors.

Firstly, it is vital to note that New York does not have an inheritance tax now. This ability that as a beneficiary, you will now not be required to pay taxes to the kingdom of New York on any inheritance you receive. However, this does not imply that you are absolutely off the hook regarding taxes. Depending on the dimension of the estate and the other assets you may have, you may additionally be subject to federal property tax.

Tax Attorney Near Me

The federal estate tax is a tax on property transfer upon death. It applies to estates over a sure value, which can alternate from 12 months based on inflation adjustments. In 2021, the federal property tax exemption was $11.7 million. This means that if the total cost of the deceased person’s estate is less than this amount, no federal property tax will be owed. However, if the full fee of the property is higher than $11.7 million, the excess will be a problem for federal estate tax. This tax price can be as excessive as 40%.

It is worth noting that the federal property tax is levied on the estate itself, no longer on individual beneficiaries. This ability that even if you acquire a massive inheritance, you will not be required to pay the estate tax yourself. Instead, the estate executor must file a federal property tax return and pay any tax owed from the estate’s property before distributions are made to the beneficiaries.

There are some exceptions and exclusive policies that can follow in certain situations. For example, if the inheritance consists of certain sorts of property, such as actual property or retirement accounts, there can also be extra tax considerations. Real property inherited in New York is subject to each federal and state taxes on any features accrued because the decedent acquired the property. If the property has been favored appreciably over time, this should result in a significant tax bill for the beneficiaries.

Inheritance Attorney Near Me

Similarly, retirement money owed that is inherited may also be difficult to income tax when distributions are taken. This tax can be deferred if the inherited account is structured as an inherited IRA, but it is vital to apprehend the rules and requirements of such statements. Additionally, some strategies can be used to reduce or avoid property and inheritance taxes altogether. For example, creating faith or making gifts during your lifetime can limit the general value of your property and lower the potential tax burden.

In addition, there is unique property planning equipment for persons with massive assets, irrevocable lifestyles insurance trusts, and charitable remainder trusts. Estate planning is a whole section that helps guard your cherished ones and ensure that your belongings are dispensed according to your wishes. At our property planning offerings in NY, we understand the significance of having a comprehensive format that addresses all your needs, such as wills, trusts, and enhanced directives.

We have a crew of experienced attorneys who can inform you via the process and assist you in making knowledgeable choices based on your unique situation. By calling us, you may get customized attention, specialist advice, and peace of idea that your affairs are in order. So please don’t wait until it is too late; name us today, and let us assist you with your impenetrable legacy.

A Will: What Is It?

A will is a legally-binding document that outlines their final desires. It also specifies the beneficiaries list and estate allocation.

Will’s Acceptance Condition?

Before trying to reclaim their rights from the personal representatives who improperly dispersed an estate, beneficiaries under a newer will must first ensure that the new will is legitimate. You should thus confirm that the latter complies with the formal specifications for a legitimate will.

What is an estate?

An estate comprises all the items that make up a person’s net worth. This covers every piece of real estate, land, money, car, jewelry, and other possessions a person had while they were alive. There is the transfer of a person’s estate to the person or people they designated in their will. Moreover, it is applicable if they make a will before passing away.

There might be no contention of the beneficiary of the receivable asset. As the property is not worthy enough. Dependents and other close families may also challenge the will.

What is probate?

The executor of the will, who may be their attorney or financial adviser, submits the will to the court for probate to begin the probate procedure. Probate is the legal procedure of validating a decedent’s will. Here, the court will determine if the will is genuine and recognized as the testator’s true final testament. The executor will next see the settlement of the testator’s debts and allocation of the leftover assets from their estate to the proper beneficiaries.

Can someone change the will after probate?

The executor of the will may begin allocating the testator’s assets if the probate court deems the will valid. However, even after probate, a beneficiary may challenge the will if they disagree with it. Those who may challenge the will include:

Anybody who wants to oppose the will may do so, but they must provide a solid legal argument. A few good justifications for opposing a will include:

Lack of Mental Capacity while writing the will

When creating a will, the testator must be of sound mind. This indicates that they know the repercussions of writing it and designating their beneficiaries. If the individual contesting the will possesses evidence of testamentary incompetence, such as signed statements from physicians and other witnesses, they may dispute the will.

The dead made the will under duress

Eligible persons may infer undue influence when the testator alters their will at the last minute or includes a harmful provision to their assets. This may be challenging since the person contesting must demonstrate that there is no other plausible explanation for the will’s language or its modifications.

The person breached the law during the making of the will.

A will requires two witnesses’ written signatures to be legally binding. If the testator modifies the will, two witnesses must also sign the updated version. Eligible beneficiaries may have a justification to dispute the will’s validity if the witnesses or their signatures were forged or if the testator’s signature was fake.

How to Challenge a Will Following Probate

One must follow the procedures if a qualified individual wants to dispute a will after probate:


The grantee of the initial grant of probate or, if different, the executors listed in the later will should petition to rescind the grant of probate if the new will is legitimate. Additionally, a request for a fresh grant in support of the later will’s representatives should be presented simultaneously.

The Probate Registry will withdraw the prior grant of probate if the application is approved because the later will has been found, and a new grant will be issued in favor of the personal representatives named in the new will.

Estate planning is one of the most confounding topics of debate. Some people often form several misconceptions and do not realize what they want. For instance, one may need financial planning instead of estate planning, whereas others may wish to have an estate plan but do financial planning. Some people also think they are too rich or poor to indulge in estate planning. You must realize that estate planning is fundamental to a comprehensive financial plan. In this article, an estate planning lawyer near me 11565 will break down four commonly known estate planning myths.

Estate planning should be a part of your entire life’s financial plans. It is about defining your life’s journey such that you live your legacy. You can ensure that the people or the loved ones who depend on your income stay protected once you are gone or become medically incapable. It also means communicating your wishes and decisions in such cases so that someone can make them on your behalf once you are under long-term medical care. Estate planning can help you define who can make crucial healthcare or legal decisions on your behalf. Let us look at the four common myths surrounding estate planning.

Myth 1:- You Need to Have Deep Pockets to Hire Estate Planning Lawyer

More often than not, people believe that only high-class wealthy people can benefit from estate planning, which could not be further from the truth. An estate planning lawyer, tells us that estate planning can help everyone with an estate, regardless of size or worth. If you are the property owner and must provide for your loved ones under your care, you need an estate plan.

Assets such as a car, home, stocks, investments, bank accounts, and others all fall under properties. So your age, marital status, property, or wealth size does not matter during estate planning. It is even more crucial if you want to protect the best interests of your family and friends. You can accomplish the following goals with proper estate planning:-

Myth 2:- Estate Planning is Only About Naming Your Heirs and Distributing Your Assets

Aside from naming your heirs, forming a will, and distributing your heirs, estate planning also incorporates legacy planning and planning for unexpected events. A person’s legacy is unique to their family. It goes beyond monetary transfers such as planning goals, charities, etc. You also pass the fundamental values, practices, experiences, knowledge, memories, and more to your family. Planning for uncertainties is also under estate planning, such as naming a guardian for your minor child or children who can decide on your behalf once you are incapable.

Myth 3:- A Will can Ensure and Oversee the Asset Distribution.

A will is a document that helps you legally transfer your assets to your loved ones upon your death. You have to name an executor who will be in charge of executing the will. Your loved ones must go through the probate process to complete the will correctly. Although, some assets such as insurance, retirement funds, and pay on death may not be listed correctly in your choice. So it may create complications for your loved ones during the probate process. Consult an estate planning lawyer to plan other legal documents to protect your family’s interests

Myth 4:- An Estate Plan in Place Doesn’t Need to be Revised Over Time.

People often think an estate plan does not need to be revised once finalized. It is one of the most misunderstandings that people need to be clear of. For example, suppose a person gets a divorce after he has placed an estate plan in place. Now they may have listed their spouse as a beneficiary. So after the divorce, renaming their beneficiary to a family member they would like to transfer the designation is crucial.

Three Estate Planning Items Everyone Needs

1. An up-to-date will or trust

Wills are easy to create, but they require probate for the distribution of assets. Probate is a legal process that involves

Validating a deceased person’s will

Identifying, inventorying, and appraising the deceased person’s property

Paying debts and taxes

Ultimately distributing the remaining property as the will directs.

The probate process often requires a lot of technical paperwork and court appearances, and the resulting legal and court fees are paid from estate property reducing the amount that is passed on to heirs.

Trusts usually avoid probate, which helps beneficiaries gain access to assets quicker as well as save time and court fees. Depending on how it is structured, a trust may also reduce estate taxes owed and can protect an estate from heirs’ creditors.

2. A durable power of attorney

A power of attorney is a written authorization that allows someone else to make financial and legal decisions for a person if that person should become hospitalized, disabled, or otherwise incapacitated. Not all powers of attorney are created equal. Some are put in place for short periods of time only, while a person is vacationing overseas but dealing with legal matters at home. Powers of attorney for property should only be given to trusted individuals, ideally those who are good with financial and legal matters. Medical powers of attorney, giving someone the authority to make healthcare decisions on your behalf, can be separated and given to someone else if desired.

3. Updated beneficiary designation forms

Beneficiary designation forms on life insurance policies, retirement accounts, and other assets will generally override any conflicting provisions within a will or trust. It is essential to make sure all forms are checked and updated regularly, ideally on an annual basis. An estate planning professional can help you create or update these basic items as well as provide suggestions for additional steps if needed.

Letter of Intent

A letter of intent is simply a document left to your executor or a beneficiary. The purpose is to define what you want to be done with a particular asset after your death or incapacitation. Some letters of intent also provide funeral details or other special requests.

Healthcare Power of Attorney

A healthcare power of attorney (HCPA) designates another individual (typically a spouse or family member) to make important healthcare decisions on your behalf in the event of incapacity. If you are considering executing such a document, you should pick someone you trust, who shares your views, and who would likely recommend a course of action you would agree with. After all, this person could literally have your life in their hands

An Administrative Proceeding is a process by which an estate is distributed according to a given state’s intestacy laws while being supervised in court. When a person passes, if they have never gotten around to any form of estate planning and therefore pass away without a Will or Trust, the estate is subject to an administrative proceeding. Now while being similar to Probate and often confused with Probate, the administrative proceeding differs. Probate is when someone passes away with a will that outlines who gets what and how to divide the estate. When a person passes without a Will or Trust, intestacy laws come into play. This typically means that the closest living relative/relative would inherit your estate.

Intestacy Laws

Intestacy Laws state how your assets will be divided if you pass without a Will or Trust. Some examples of different case scenarios are:

  1. First Scenario- John has passed and leaves a wife and two children. In such a scenario, the wife would inherit half of the estate, and the two children would get the remaining fifty percent in equal shares, so twenty-five percent to one child and twenty-five percent to the other.
  2. Second Scenario – Michelle has passed away with no surviving spouse. During Michelle’s lifetime, she was married twice and left behind two children from two separate marriages. In this case, they are both blood-related, and according to the intestacy laws of New York, they would both split Michelle’s estate fifty percent to one and fifty percent to the other.
  3. Third Scenario- Steven passes away. He was never married, and he had no children. Both his parents passed away several years back, and his closest surviving relative would be his sister Jessica. In this case, Jessica would be entitled to receive one hundred percent of Steven’s estate according to the intestacy laws of New York.
  4. Forth Scenario- Alex passes away. His wife Lauren passed several years before him, and they never had children. Alex was 91 years old when he passed both his parents predeceased him many years ago, he didn’t have any brothers or sisters, but his mother had a brother who is still alive, and his father had a sister who is still alive. In this case, they would be considered his closest living relatives, and his aunt and uncle would inherit his estate in equal shares.

What documents or information do you need to file for Administration?

To file for Administration or, in other words, to start the administrative proceeding, you will need to gather some information and documents. For starters, you will need to get an original of the death certificate as you will need it for filing. Next, you will need to assemble a list of all the assets, such as bank accounts, real estate, jewelry, stocks, bond, and so on, as you will need this information and the value for filing. Third, you must create a list of all the closest surviving relatives and notify them that an administrative proceeding is taking place. By law, they need to be notified and given a chance to come forth and claim what may potentially be theirs under the intestacy laws. One of the most important things not to forget is a list of debts and outstanding taxes. Debts and taxes must be paid in full before any asset distribution occurs.

After the Administrative Proceeding

Once the administrative proceeding is over, all debts are paid off, and all taxes are settled, the intestacy laws of the given state then distribute the estate. This is where we tend to see a lot of family disputes begin to arise. At times, there might be a piece of property like a home that is split among two, three, or more people. In such a case, it is common for someone to come forth and offer the others to buy them out, put the property up for sale, and divide the proceeds equally among everyone. This can prove not easy when one has more money than the other or someone in the group that just inherited currently resides in the home. Jewelry and family heirlooms also cause issues since some people may have attachments while others don’t wish to part with the cash value of such items. Overall good negotiating skills and compromise can prove valuable during these times.

Do you want to know whether you will have to undergo probate now that your loved one has passed and leaves a last will behind? The first question that a reasonable probate attorney will ask you is whether there was a trust set up or just a Will. If there was just a Will, the answer is, yes, you will have to go through probate! Please keep in mind the time frame and costs associated with probate can vary from county to county and state to state, and the process and laws governing the process.

The value of the estate plays a vital role in this. For example, estates with a total asset value under $50,000 in New York are not subject to an entire proceeding and can file small estate forms. This article will help educate you on the importance of probate. You will understand the significance of probate and how it is essential with or without the Will. Read on ahead to find out more.

Importance of a Probate of the Will

There seems to be a lot of confusion and misunderstandings when it comes to probate. Probate is defined as the process or a legal procedure that provides a beneficiary some legal authority to ownership over the assets or power to take care of the deceased person’s affairs. Typically, it is best to have an experienced attorney helping you file the necessary documents for probate. Probate is a time-consuming process and can come with complications caused by family disagreements. The first thing you need to know is that you will need the original Will and Death Certificate. It is essential to remember not to remove any staples from the original Will as this may disqualify it. Please do so without eliminating staples if you need to make copies for your records. When obtaining the death certificate, ask for multiple originals as you may need them during the process. Mistakes can delay or complicate the process when filling out the necessary paperwork for filing.

Typically, within the Will, the deceased has named a person or people they wish to become the executors of the Will. Just because you are called an executor doesn’t mean that you must undertake the role. You can step away from the part, allowing another family member to take your place. An executor assumes a fiduciary position and is responsible for making sure all debts and taxes are paid off before dispersing any of the assets held by the estate.

Creating a list of assets is a Very Important Factor.

When you want to establish the requirement of a proper Probate, it is essential to ensure that you make a detailed and critical list of the things or assets owned by the deceased. Then you will have to find out some other essential details. These are the details that will provide you with some information about the ownership of the estate, such as how the apartment or house was deeded. Were the assets named under the deceased’s sole name, or were there some joint names? The help which has joint names can have tenants who are in common. This is important as it will give you a better understanding of the estate’s value.

As we discussed before, if the total assets in the estate are under $50,000, you can avoid an entire proceeding and need only to file paperwork for small estates. They are knowing how properties are deeded plays a significant role as they might be outside of probate and pass directly to the tenant in common. For example, a married couple has two kids, and one spouse passes away. The deceased leaves a Will behind, leaving all their assets in equal shares to the spouse and the surviving children. If the house is deeded to tenants in common and both the deceased and spouse’s name are on the deed, then the house passes directly to the spouse and isn’t considered part of the estate, nor does it have to undergo probate.

As you can see, there are a lot of factors to determine whether or not you will have to Probate a Will to gain access to the estate and what is considered part of the estate. If you are reading this and wish to consult with an experienced attorney, we offer free consultations. It is also important to remember that it is possible to plan to avoid probate altogether. Probate can be time-consuming and costly planning ahead can save you time and money.