EPTL § 5-1.1-A gives a NY surviving spouse the greater of $50K or one-third of the net estate, sweeping in testamentary substitutes. The six-month deadline, the mechanics, and the election decision.
RPAPL Article 9 gives any tenant in common or joint tenant the right to force partition of jointly held NY real property. Standing, in-kind vs sale, equitable adjustments, and pleading posture.
RCL § 12 requires Attorney General or court approval before a NY religious corporation can mortgage, sell, or lease real property for over five years. The application, the review standard, and the timeline.
SCPA § 719 lets the Surrogate's Court revoke a fiduciary's letters summarily on specified grounds. The enumerated grounds, the pleading posture, and the compulsory-accounting record that drives the removal petition.
DRL § 237 creates a rebuttable presumption that the less-moneyed spouse recovers counsel fees from the moneyed spouse. The pleading posture, interim and final awards, and the dilatory-conduct record that drives award amounts up.
A New York prenup is only as useful as the clauses that survive challenge. The DRL § 236(B)(3) framework, the clauses that hold up, the clauses that fail, and the signing-day posture that decides which category each falls into.
MHL § 81.02 sets a high bar for Article 81 guardianship in New York. The functional-limitations standard, the clear-and-convincing burden, and what separates a granted petition from a dismissed one.
A New York co-op is personal property, not real estate, and divides differently in divorce. Proprietary lease, board approval, valuation discounts, and buyout mechanics for HNW matrimonial practice.
SCPA § 2205 is how a New York beneficiary forces an executor or administrator to account. Standing, pleading, and judicial-accounting mechanics, with objection practice under SCPA § 2211.
SCPA § 2103 is the Surrogate's Court mechanism to compel disclosure and recovery of estate assets held by third parties. A New York estate practitioner's guide to the proceeding.
DeJesus v. DeJesus governs how unvested RSUs, stock options, and deferred equity are divided in a New York divorce. The time-rule framework and what it means for executive and tech-finance spouses.
The federal annual gift exclusion, the New York estate tax cliff, and charitable deadlines all turn on December 31. A New York estate planner's year-end checklist.
Discovering a forged deed on ACRIS triggers a 72-hour window where preservation steps decide whether the property can be protected while the merits are litigated. A deed-fraud litigator's playbook.
The DRL § 236(B)(6) income cap on New York spousal maintenance limits the guideline formula; it does not limit the court's authority to order more. A litigator's breakdown.
The single most consequential procedural step in a contested probate matter occurs before a formal objection is filed. Done well, it determines whether a will contest proceeds, settles, or ends.
When a durable POA is sufficient, when it is not, and the four scenarios where Article 81 of the Mental Hygiene Law becomes the only answer.
When an owner or heir discovers a wrongful deed, the window to recover the property is measured in days, not weeks. What happens in the first filings determines whether recovery is possible.
Transfers made in the months before filing a Summons with Notice become evidence at trial under DRL § 236(B). Nassau judges enforce it.
Forged deeds are void ab initio in NY. Quiet title under RPAPL Article 15, with same-day lis pendens, is how the record is cleared.
Generational wealth requires more than trusts and estate planning. A New York attorney explains how prenuptial agreements protect family wealth across marriages and generations.
Postnuptial agreements in New York let married couples define property rights mid-marriage. A New York attorney explains when they make sense and what courts require for enforceability.
Are prenuptial agreements enforceable in New York? A New York attorney explains what courts require, the most common challenges, and how to draft a prenup that actually holds up.
How to avoid probate in New York — and when you actually want to. A New York attorney explains the tools that bypass Surrogate's Court and the planning that ties them together.
Contesting a Will in New York is harder than most people think. A New York attorney explains the recognized grounds, the procedural realities, and when a contest actually makes sense.
How long does probate take in New York? An attorney walks through realistic timelines for simple, complex, and contested estates — and what causes the delays.
What happens when someone dies in New York? A New York attorney explains the probate process step by step — timelines, costs, and the issues that complicate high-net-worth estates.
Dynasty trusts can protect family wealth across generations from estate tax, creditors, and divorce. A New York attorney explains how they work and when they make sense.
Choosing a trustee is harder than choosing a beneficiary. A New York attorney explains the tradeoffs between family, professional, and corporate trustees — and how to avoid costly mistakes.
New York's estate tax cliff can cost a family millions for being slightly over the exemption. A New York attorney explains the rule and the strategies that avoid it.
Revocable or irrevocable trust? The choice affects your taxes, your creditors, and your control. A New York attorney explains when each one actually makes sense.
The most common — and most expensive — estate planning mistakes high-net-worth New Yorkers make, and how to avoid them. A practical guide from a Long Island attorney.
How spousal maintenance is calculated in high-income New York divorces, how the income cap works, and what factors drive deviations from the statutory formula.
How forensic accounting uncovers hidden assets in New York high-net-worth divorce. Common concealment patterns, investigative techniques, and legal remedies.
How is a business valued in a New York divorce? An overview of valuation methods, the active/passive distinction, and what business owners need to know.
Are trusts protected in a New York divorce? It depends on who created the trust, when, and how it was funded. A guide for high-net-worth spouses.
Equitable distribution in a New York divorce does not mean a 50/50 split. A guide to how marital property is actually divided and what factors drive the outcome.