Estate Planning Blog - Bernard Law P.C.

Why A Special Needs Trust May Be Essential For Protecting Government Benefits

If you want to leave money or property to a loved one with a disability, think carefully about how you do it. Even a well-meaning gift can cause problems if the person receives government benefits like Supplemental Security Income or Medicaid. Giving an inheritance directly may increase their resources and affect eligibility for these programs. […]

Posted on: October 4, 2026

10 Things You Should Leave Out of Your Will

A Last Will and Testament is a key part of an estate plan, but not every instruction should go in it. Many people try to use their wills for things that are better handled with beneficiary designations, trusts, or other documents. Sometimes, including the wrong details in a will can cause confusion or make a […]

Posted on: October 3, 2026

Should Your Vacation Home Or Condo Stay In The Family Forever?

A family vacation home often means more than just real estate. It can be where children spent their summers, where grandchildren gather for holidays, or where generations have made lasting memories. Because of these strong ties, many clients tell us they hope the property will “stay in the family forever.” We understand this wish, but […]

Posted on: October 2, 2026

What Happens When A Beneficiary Has Significant Debt?

When making an estate plan, most people think first about who will inherit their property. It is just as important to consider what might happen to that inheritance once the beneficiary receives it. If an adult child or another beneficiary has large credit card debt, judgments, business debts, tax issues, or other creditor problems, giving […]

Posted on: October 1, 2026

Can A Beneficiary Sue An Executor In New York?

Yes, a beneficiary may sue an executor in New York when the executor fails to properly administer an estate or breaches a fiduciary duty. However, disagreement with an executor’s decision does not automatically establish misconduct. Executors are given considerable authority to collect assets, pay legitimate expenses and claims, manage property, make certain investment decisions, and […]

Posted on: September 30, 2026

What Happens If An Executor Refuses To Communicate With Beneficiaries?

When someone is appointed executor of an estate, beneficiaries understandably expect information about what is happening with the estate and when distributions may occur. Estate administration can take time, particularly when there are tax issues, real estate, creditor claims, or disputes, but extended silence from an executor can create legitimate concerns. Beneficiaries may begin wondering […]

Posted on: September 29, 2026

What Happens If A Trustee And Beneficiary Disagree?

Disagreements between trustees and beneficiaries are more common than many families in Suffolk County expect. A beneficiary may believe distributions are being delayed, investments are being mishandled, or information is being withheld. A trustee may believe the beneficiary is demanding money that the trust does not require the trustee to distribute or is challenging reasonable […]

Posted on: September 28, 2026

How Long Can A Trustee Hold Money Before Making Distributions?

As a trust beneficiary, waiting for a distribution can become frustrating quickly. You may know that money or property has been placed in trust for your benefit, yet months can pass without receiving anything. That naturally raises an important question: how long can a trustee legally hold money before making a distribution? In New York, […]

Posted on: September 27, 2026

What Rights Do Trust Beneficiaries Have In New York?

Being named a trust beneficiary can create valuable rights, but it does not mean the beneficiary controls the trust or can demand money whenever they want. In New York, the trustee must administer the trust according to its terms and applicable law, while beneficiaries are entitled to have those duties performed properly. Problems often arise […]

Posted on: September 26, 2026

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