Estate Planning Blog - Bernard Law P.C.

Can A Child Conceived After Your Death Inherit From Your Estate In New York?

New advances in assisted reproduction have raised estate planning questions that earlier generations never faced. One key question is whether a child conceived after a parent’s death can inherit from that parent’s estate. In New York, this is possible, but only if certain legal requirements are met. The law treats children conceived before a parent’s […]

Posted on: October 7, 2026

New York Probate Traps To Avoid

Probate in New York is often simple if the estate plan is organized, but even small mistakes can lead to delays, extra costs, and family disagreements. Most issues we see start with missing paperwork, unclear beneficiary choices, mishandled property, or misunderstandings about an executor’s role. Fixing these problems after probate begins can mean more paperwork, […]

Posted on: October 6, 2026

How Real Estate Investors Can Use Trusts To Simplify Estate Administration

Many real estate investors spend years building their portfolios, but often overlook what will happen to their properties if they become incapacitated or pass away. Even owning a single investment property can create estate administration challenges, and having multiple rental homes, commercial buildings, vacation properties, or real estate in different states can make things even […]

Posted on: October 5, 2026

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

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