IS THERE A LIVING TRUST MORE PRIVATE THAN A WILL IN NEW YORK?

Yes, a will becomes a matter of public record during the probate process, and a copy can be obtained upon request to the Surrogate’s Court. A living trust is a private document that is not subject to public scrutiny. However, a “pour-over” will becomes a matter of public record when it is submitted for probate, […]

WHAT IS A "POUR-OVER" WILL IN New York?

A “pour-over” will is necessary to distribute any property that was not transferred into the trust. The use of “pour-over,” together with a living trust ensures that assets not held in the name of the trust will be distributed in accordance with the wishes of the deceased, and not by the laws of intestacy. A […]

DOES A LIVING TRUST AVOID PROBATE IN NY?

Yes, one of the biggest advantages of a living trust is that it does not have to go through probate, as does a will. However, there are other estate planning devices which avoid probate, such as a joint tenancy, life insurance, in-trust-for bank account (also known as a Totten Trust), and individual retirement, pension or […]