Estate Planning Blog - Bernard Law P.C.

What Is A Spendthrift Trust And When Does It Make Sense?

A trust can do much more than determine who receives property after someone dies. In the right circumstances, it can also control how an inheritance is managed, when distributions are made, and how much access a beneficiary has to the assets. One tool we may use for these purposes is a spendthrift trust. This type […]

Posted on: September 19, 2026

Why A Will Alone May Not Be Enough For Real Estate Owners

Owning real estate makes estate planning more complex. While a will can say who should get your house, condo, or rental property after you pass away, it does not guarantee a quick or simple transfer. Real estate often brings up probate issues, management challenges if you become incapacitated, disagreements among heirs, and extra complications if […]

Posted on: September 18, 2026

Can An Executor Sell Real Estate Without Beneficiary Approval In New York?

When someone passes away owning real estate in Suffolk County, disagreements often arise over whether the executor can sell the property without all beneficiaries agreeing. Family homes can hold sentimental value, and one beneficiary might want to keep it, while another prefers to receive cash. The executor may feel a sale is needed to cover […]

Posted on: September 17, 2026

How Does Probate Work in New York?

Probate is the legal process used to establish that a deceased person’s will is valid and give an executor authority to administer the estate. For families in New York, probate can seem confusing because the process involves the Surrogate’s Court, notices to interested parties, identification of estate assets, payment of legitimate debts, and eventual distributions […]

Posted on: September 16, 2026

What Are the Most Common Reasons for Challenging a Will in New York?

A Last Will and Testament is meant to reflect a person’s final wishes, but having a signed will does not guarantee it will go through probate without any issues. Sometimes, families find unexpected changes, large gifts to one person, or the exclusion of a close relative, which can raise real concerns. New York law lets […]

Posted on: September 15, 2026

What Happens When Siblings Disagree About an Inherited Home?

When siblings inherit a family home together, unexpected legal and emotional challenges can arise. For example, one sibling might want to sell right away, another may hope to keep the house in the family, and a third could already be living there and not want to move. Things can get even more complicated if one […]

Posted on: September 14, 2026

What Happens To An Estate When There Are Assets No One Knew About?

Settling an estate can seem simple until unexpected property is found. Families might come across an old investment or savings account, stock certificates, mineral rights, cryptocurrency, a business interest, or real estate that was left out of the original estate inventory. Sometimes these assets turn up during the estate process, while other times, an executor […]

Posted on: September 13, 2026

Why Trust Funding Is What Makes The Plan Work

Creating a trust can be an important part of an estate plan, but signing the trust agreement does not necessarily accomplish everything the client expects. We often explain that a trust is only as effective as the planning that connects assets to it. A perfectly drafted revocable trust may contain detailed instructions for managing property […]

Posted on: September 12, 2026

Can I Change My Trust Without Signing A New Pour-Over Will?

A revocable living trust and a pour-over will are meant to work together, so clients in Suffolk County often wonder if changing one means they need to change the other. In most New York estate plans, the answer is no. If your pour-over will is properly drafted, it can still direct probate assets into your […]

Posted on: September 11, 2026

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