Every Question We Answer — A to Z
A complete, alphabetical index of every question answered across our guides, Quick Answers, and service pages. Click any question to jump straight to its answer.
Quick Answers — one question, one page
Can Medicaid Take My House in New York?Do I Need a Lawyer for Probate in New York?Do I Need Probate for a Joint Bank Account in New York?How Do I Avoid Probate in New York?How Long Does Probate Take in New York?How Much Does a Trust Cost in New York?Trust vs. Will in New York: What's the Cost Difference?What Does an Executor Get Paid in New York?What Happens to a House When Someone Dies Without a Will in New York?How Much Does a Will Cost in New York?How Much Does Probate Cost in Brooklyn?New York Estate Tax Exemption 2026: $7.35 Million and the 105% Rule
A
- Am I personally responsible for my parent's funeral bill?
- Are court fees included in the attorney's quote?
- Are court or filing fees included?
- Are executor commissions calculated on everything in the estate?
- Are life insurance death benefits taxable income to my beneficiaries?
- Are online wills legal in New York?
- At what age should someone start elder law planning in New York?
- At what income level should a side hustle become an LLC?
- At what size does a holding company structure make sense?
C
- Can a dynasty trust last forever in New York?
- Can a hospital really refuse to give me information about my 18-year-old?
- Can a person with a disability create their own special needs trust?
- Can a photocopy of a will be probated in New York?
- Can a prenuptial agreement really waive my spouse's elective share?
- Can a QDOT be set up after my spouse has already died?
- Can a special needs trust buy a house or pay rent for the beneficiary?
- Can a trust own shares of my S corporation holding company?
- Can a trustee be paid for serving?
- Can a will override a transfer-on-death deed in New York?
- Can an ESOP help me sell my business without paying capital gains tax?
- Can an executor be personally liable for mistakes?
- Can an irrevocable trust ever be changed in New York?
- Can guardianship be avoided if a power of attorney and health care proxy are already signed?
- Can I avoid the cliff by simply retiring to Florida?
- Can I be my own trustee in New York?
- Can I change my healthcare proxy and power of attorney while the divorce is still pending?
- Can I contest a will if I believe it is invalid or unfair?
- Can I contest a will if I was completely disinherited?
- Can I file Surrogate's Court papers online in New York?
- Can I get an estimate before anything is filed?
- Can I get into a safe deposit box before I'm officially appointed?
- Can I handle probate without a lawyer?
- Can I just give everything away shortly before I die?
- Can I just leave extra money to my other children so they can take care of their sibling?
- Can I just leave my child's share to their sibling to manage informally?
- Can I just loan money to my child instead of gifting it?
- Can I just move assets out of my company after I get sued?
- Can I just write my passwords into my will?
- Can I leave everything to my children and nothing to my new spouse in New York?
- Can I meet in Russian or Spanish?
- Can I name my minor child directly as a life insurance beneficiary?
- Can I name two agents, and do they have to act together?
- Can I order more certified copies later if I run out?
- Can I pay a family member to be my caregiver without jeopardizing Medicaid eligibility?
- Can I protect my assets after I've already been sued?
- Can I protect my home and still qualify for Medicaid?
- Can I protect my home from nursing home costs if I wait until I already need care?
- Can I put a home with a mortgage into a revocable trust?
- Can I put my existing life insurance policy into an ILIT?
- Can I set up a trust in Nevada or Delaware to protect my own assets as a New York resident?
- Can I take money out of a MAPT if I need it?
- Can I transfer a mortgaged rental into an LLC?
- Can I use a TOD deed for my co-op apartment?
- Can I use the decedent's bank account to pay for the funeral?
- Can Medicaid Take My House in New York?
- Can my agent use the power of attorney after I die?
- Can my children run our private foundation someday?
- Can my executor legally access my email and online accounts?
- Can my health care agent decide to stop artificial nutrition and hydration?
- Can my LLC interest be put into a revocable trust without losing control?
- Can my long-term partner claim part of my estate if we never married?
- Can my parents abroad give me money without U.S. tax?
- Can my partner make medical decisions for me if I'm hospitalized?
- Can my siblings demand to see our parent's will while they're still alive?
- Can my spouse and I each create a SLAT for the other?
- Can my spouse really override my will and claim a share of my estate?
- Can one sibling force the sale of an inherited house in New York?
- Can someone challenge my will later by claiming I lacked capacity when I signed it?
- Can someone with a dementia diagnosis still sign a power of attorney in New York?
- Can the executor distribute money before probate is finished?
- Can the executor reimburse family from estate funds before probate is complete?
- Can the family sell the house before going to court?
- Can the guardian who raises my child be different from the person who manages the money?
- Can the IRS challenge the valuation discounts?
- Can we get money to the family before probate is finished?
- Can we just transfer the condo into the children's names?
- Can you advise on another state's law?
D
- Do all assets go through probate?
- Do all beneficiaries get a full copy of the will, or just the parts that apply to them?
- Do all estates go through probate in New York?
- Do all of my parent's assets go through the court process?
- Do all wills have to go through probate in New York?
- Do assets in my revocable living trust still get the step-up in basis?
- Do beneficiary designations override my will?
- Do I always need a lawyer for a Surrogate's Court matter?
- Do I give up income when I gift non-managing interests?
- Do I have to e-file in Kings County Surrogate's Court?
- Do I have to e-file in Nassau County Surrogate's Court?
- Do I have to file a gift tax return if I don't owe any gift tax?
- Do I have to pay tax on income earned by my irrevocable trust?
- Do I have to take money out every year during the 10-year period?
- Do I lose all access to the policy once the ILIT owns it?
- Do I Need a Lawyer for Probate in New York?
- Do I need a lawyer to serve as executor in New York?
- Do I need a new appraisal every time I update my buy-sell agreement?
- Do I need a trust, or is a will enough?
- Do I need both a health care proxy and a living will in New York?
- Do I Need Probate for a Joint Bank Account in New York?
- Do I need to be wealthy for the Rockefeller method to make sense?
- Do I need to hire a lawyer to administer an estate in New York?
- Do I need to redo my whole estate plan every few years?
- Do I need to update my power of attorney before traveling abroad?
- Do I still need a will if all my assets have beneficiary designations?
- Do I still need a will if I have a living trust?
- Do I still need a will if I have a revocable living trust?
- Do I still need to go to court if the estate is small?
- Do my children pay estate tax on dynasty trust assets when they die?
- Do my stepchildren automatically inherit from me?
- Do my stepchildren inherit anything if I die without a will?
- Do payments for a grandchild's tuition count against my annual exclusion?
- Do platform legacy tools like Google's Inactive Account Manager override my will?
- Do retirement accounts and life insurance need special asset protection planning?
- Do we need a lawyer during the first week after a death?
- Do we need guardianship when our child with special needs turns 18?
- Do you offer a free consultation?
- Does a charitable remainder trust really avoid capital gains tax?
- Does a living trust avoid probate automatically?
- Does a Medicaid Asset Protection Trust really protect the home?
- Does a New York guardian have unlimited authority over the incapacitated person's life and money?
- Does a New York trust have to be administered through the Surrogate's Court?
- Does a power of attorney cover digital assets in New York?
- Does a revocable trust protect my assets from a nursing home?
- Does a SLAT help with New York estate tax specifically?
- Does a special needs trust file its own tax returns?
- Does a standard power of attorney form cover Medicaid planning transfers?
- Does a TOD deed protect my house from Medicaid or creditors?
- Does a trust completely replace the need for a will in New York?
- Does a trust need to file its own tax return in New York?
- Does a trust really save money in the long run?
- Does a will contest increase the cost?
- Does an estate tax filing always slow down probate?
- Does an LLC alone keep my rental out of probate?
- Does an LLC protect my personal assets if the company car is in an accident?
- Does an LLC protect my personal savings if the business is sued?
- Does an unmarried partner inherit the house in New York?
- Does avoiding probate also protect assets from nursing home costs?
- Does being named executor in a will give me immediate authority to act?
- Does either a will or a trust reduce New York estate tax?
- Does forming an LLC fully protect my personal assets?
- Does funding an irrevocable trust immediately protect assets from nursing home costs?
- Does generation-skipping planning mean my children get nothing?
- Does gifting appreciated assets to my children during my lifetime preserve the step-up in basis?
- Does having a will avoid probate in New York?
- Does having a will avoid probate?
- Does my executor automatically get my passwords when I die in New York?
- Does my IRA or 401(k) go through probate in New York?
- Does my spouse automatically get everything if I die without a will in New York?
- Does my unmarried partner have any say if I'm incapacitated?
- Does my will become invalid when I get divorced in New York?
- Does my will control who inherits my IRA or 401(k)?
- Does New York allow a transfer-on-death deed for my house?
- Does New York allow transfer-on-death deeds?
- Does New York have an inheritance tax?
- Does New York have its own estate tax?
- Does New York recognize common law marriage for couples who live together?
- Does New York tax gifts I make during my lifetime?
- Does New York tax only the amount over $7,350,000?
- Does New York tax the estate of someone who lived abroad?
- Does New York's estate tax apply to retirement accounts?
- Does the 60-month look-back apply to Medicaid home care in New York?
- Does the exemption change each year?
- Does the funeral home automatically notify Social Security?
H
- How are foreign families and non-resident aliens taxed?
- How can I avoid the need for a guardianship?
- How can I get a copy of a will that has already been probated?
- How can I provide for my spouse without risking my children's inheritance?
- How Do I Avoid Probate in New York?
- How do I handle digital assets like cryptocurrency or email accounts in my plan?
- How do I know if I need to worry about New York's estate tax?
- How do I know whether my family needs an Article 81 guardianship or a 17-A guardianship?
- How does an executor formally close an estate?
- How does life insurance affect New York estate tax?
- How does New York's estate tax cliff affect a business owner's estate?
- How does succession planning connect to my personal estate plan?
- How is a buy-sell agreement usually funded?
- How is a dynasty trust different from a regular trust in my will?
- How is a revocable trust taxed while I am alive?
- How long can a generation-skipping trust last in New York?
- How long do I have to contest a will in New York?
- How long does a will contest take, and do most cases settle?
- How long does an administration proceeding take in New York?
- How long does an intestate administration take in New York?
- How long does an uncontested New York probate take?
- How long does it take to fully administer a New York estate?
- How long does probate take in Kings County?
- How long does probate take in Nassau County?
- How long does probate take in New York?
- How long is the Medicaid look-back in New York?
- How long should an executor wait before distributing assets?
- How many death certificates should we order?
- How much can a New York executor be paid?
- How much can I give away tax-free in New York in 2026?
- How much can I put into an irrevocable trust without owing gift tax?
- How Much Does a Trust Cost in New York?
- How Much Does a Will Cost in New York?
- How much does an executor get paid in New York?
- How much does estate planning cost?
- How much does it cost to file a probate petition in New York?
- How much does it cost to file for probate in Brooklyn?
- How much does it cost to file for probate in Nassau County?
- How much does long-term care actually cost in New York?
- How Much Does Probate Cost in Brooklyn?
- How much money should we put into the trust?
- How much more does a trust cost than a will in New York?
- How much more does a trust-centered plan cost than a will-only plan?
- How often should I review my estate plan?
- How often should I update my will and other estate planning documents after 65?
I
- I have a green card. Am I taxed like a U.S. citizen when I die?
- If all the accounts were joint, is probate ever needed?
- If my car is titled to my LLC, does it skip probate when I die?
- If my estate is under the federal exemption, am I safe from New York tax?
- Is a death certificate from New York City different from one issued by New York State?
- Is a family constitution legally binding?
- Is a GRAT worth it for a family that isn't ultra-wealthy?
- Is a handwritten or oral will valid in New York?
- Is a living trust filed with a court or recorded anywhere in New York?
- Is a living will the same as a living trust?
- Is a MOLST form the same thing as a DNR?
- Is a separate LLC for each property really worth the cost for a small landlord?
- Is a trust always better than a will for avoiding probate?
- Is an ILIT only worthwhile for very large estates?
- Is avoiding probate always the right goal?
- Is guardianship permanent once it is granted?
- Is it better to gift appreciated stock now or let my children inherit it later?
- Is it okay to drive the decedent's car in the meantime?
- Is it too late to protect assets if my parent is already in a nursing home?
- Is long-term care insurance still worth buying later in life?
- Is my agent allowed to pay themselves or take a salary?
- Is my employer-provided group life insurance enough for my family?
- Is my home automatically protected from creditors in New York?
- Is my power of attorney signed before June 2021 still valid?
- Is out-of-state property subject to New York estate tax?
- Is the buy, borrow, die strategy legal?
- Is the fee hourly?
- Is the one-time lump-sum death payment automatic?
- Is the trust price a one-time fee?
- Is there a deadline to file for probate in New York?
- Is there a simpler process for small estates in New York?
M
- My business is small — do I really need a buy-sell agreement?
- My child is going to college out of state — will New York documents work there?
- My estate is below the federal exemption — do I still need to worry?
- My parent lived in Nassau but spent winters in Florida. Where do we file?
- My spouse is not a U.S. citizen. Will everything I leave them be taxed?
- My spouse recently died and left everything to me outright. Do I still need to update my own plan?
- My will already says everything goes to my children — isn't that enough?
S
W
- What are a fiduciary's duties in New York?
- What are grounds to contest a will in New York?
- What are the EPTL and the SCPA?
- What are the signing requirements for a New York TOD deed?
- What can a supplemental needs trust pay for?
- What can delay the probate timeline the most?
- What can I do to protect an aging parent from scams and financial exploitation?
- What documents make up a complete New York estate plan?
- What does an attorney-drafted will cost compared to an online one?
- What Does an Executor Get Paid in New York?
- What does EPTL Article 11-A actually control?
- What does it mean for a family trust to lend to heirs instead of gifting?
- What does the Surrogate's Court actually do?
- What exactly is a Santa Clause bequest?
- What exactly is the $60,000 exemption for non-resident aliens?
- What happens if a distributee cannot be located to receive a citation?
- What happens if a trustee wants to resign?
- What happens if both parents die without naming a guardian in New York?
- What happens if family members disagree about who should serve as guardian?
- What happens if GST exemption is never allocated to a trust?
- What happens if I die before the GRAT term ends?
- What happens if I have a trust but never transferred my house into it?
- What happens if I never sign a health care proxy and then lose capacity?
- What happens if my adult child is incapacitated with no documents signed?
- What happens if no relatives can be located at all?
- What happens if someone dies without a will in New York?
- What happens if the assets in my GRAT lose value or grow slowly?
- What happens if the estate can't pay all of its debts?
- What happens if the house in my MAPT needs to be sold?
- What happens if the original will cannot be found?
- What happens to a family business if the owner dies without a succession plan?
- What Happens to a House When Someone Dies Without a Will in New York?
- What happens to a SLAT if we divorce?
- What happens to a Social Security payment received after death?
- What happens to cryptocurrency if no one can find the private keys?
- What happens to my 401(k) if my ex is still the named beneficiary after the divorce?
- What happens to my home if I die owning it alone without a will?
- What happens to my LLC if I die without any succession plan in New York?
- What happens to my revocable trust when I die?
- What happens to my single-member LLC if I die without a plan?
- What happens to our home if my partner dies without a will?
- What happens to the money left in the trust when the beneficiary dies?
- What if an heir lives in Russia or another country?
- What if my parent already lacks capacity — what are our options?
- What if my spouse is not a U.S. citizen?
- What if the attorney who drafted the will has retired or passed away?
- What if the estate has no money to pay for a funeral?
- What if we can't find the original will right away?
- What is a convenience account and why does it matter?
- What is a fiduciary accounting?
- What is a Medicaid asset protection trust and would it help here?
- What is a monitor on a New York power of attorney?
- What is a QTIP-style trust and why do blended families use them?
- What is a supplemental needs trust?
- What is a swap power and why would my trust need one?
- What is a turnover proceeding?
- What is a voting/non-voting recapitalization?
- What is an Article 81 guardianship?
- What is estate planning, and why is it important?
- What is New York's new transfer-on-death deed?
- What is tenancy by the entirety and how does it protect a married couple's home?
- What is the best way to avoid probate in New York?
- What is the biggest cause of probate delays in New York?
- What is the biggest planning mistake blended families make?
- What is the difference between 'catalogue' and 'content' under EPTL 13-A?
- What is the difference between a citation and a waiver of citation in Surrogate's Court?
- What is the difference between a cross-purchase and a redemption buy-sell agreement?
- What is the difference between a distributee and a beneficiary?
- What is the difference between a family LLC and a family limited partnership?
- What is the difference between a MAPT and a revocable living trust?
- What is the difference between a MAPT and an ILIT?
- What is the difference between an executor and an administrator in New York?
- What is the difference between closing an estate informally versus through a judicial accounting?
- What is the difference between probate and administration?
- What is the hardest ground to prove in a New York will contest?
- What is the Medicaid look-back period in New York?
- What is the Prudent Investor Act, and how does it affect a trustee?
- What is the purpose of a trust in estate planning?
- What is the role of an executor in estate administration?
- What is the SECURE Act 10-year rule?
- What is the simplest way to start charitable planning?
- What is the single biggest mistake families make in the first 30 days?
- What is the single most commonly missed item in a New York estate plan?
- What is the three-year rule for life insurance?
- What should I do if I suspect an elderly relative is being financially exploited?
- What tools are used to protect assets in New York?
- What's the biggest risk of borrowing against my investments instead of selling?
- What's the difference between a healthcare proxy and a living will?
- What's the real difference between an executor and an administrator?
- When do letters testamentary typically get issued after filing?
- When is a revocable trust a better choice than an irrevocable one?
- When is a year-end gift legally complete?
- When is an online will generator good enough?
- When should I start asset protection planning?
- Where is the Kings County Surrogate's Court?
- Where is the Nassau County Surrogate's Court?
- Which document helps if I become incapacitated?
- Which Surrogate's Court has jurisdiction over an estate?
- Who gets the house if someone dies without a will in New York?
- Who has the legal right to decide about burial or cremation in New York?
- Who has the right to be administrator of an intestate estate in New York?
- Who has to file a New York estate tax return?
- Who inherits a house that was owned jointly with someone else?
- Who is allowed to search for a decedent's will?
- Who is legally allowed to request a certified death certificate in New York?
- Who makes my medical decisions in New York if I never signed a healthcare proxy?
- Who pays for a guardianship proceeding in New York?
- Who pays probate costs, the executor or the estate?
- Who pays the legal fees in a will contest?
- Who pays the probate lawyer — me or the estate?
- Who pays the taxes and upkeep while the estate is being settled?
- Who qualifies to still stretch distributions over their own life expectancy?
- Who should I name as my health care agent if my children disagree about my care?
- Who should I tell about my estate plan while I am still alive?
- Who should serve as trustee of a Medicaid Asset Protection Trust?
- Why do I need a business succession plan?
- Why does a Medicaid trust cost more than a living trust?
- Why does an executor have to wait seven months before distributing the estate?
- Why does my quote differ from a friend's?
- Why does the trust, rather than the family member, own the life insurance policy?
- Why put the LLC interests in a trust instead of leaving them to my kids in a will?
- Why use an independent trustee instead of a family member?
- Why would I put my life insurance policy in a trust?
- Will a hospital share my medical information with my health care agent without a separate HIPAA release?
- Will a no-contest clause make me lose my inheritance just for asking questions?
- Will a revocable trust protect my home from lawsuits or creditors?
- Will my out-of-state vacation home go through probate twice?
- Will my parent automatically lose Medicaid because they bought a condo?
- Will New York accept a power of attorney signed in another state?
- Will the New York exclusion amount keep changing?
- Will transferring my rental property into an LLC trigger tax or upset my mortgage?
- Will we owe capital gains tax if we sell the house right away?
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