Trusts & Estates Law Section

Trusts & Estates Law Section

Become a member in one of NYSBA’s largest Sections and share insights as you help make ground breaking developments happen. Section members may submit questions for a Q&A column, and articles for publication in the Trusts and Estates Law Section Newsletter. Top-notch MCLE programs allow Section members to enjoy both social and substantive aspects of membership. Post practice-related questions or assist other members by participation in the member-only online Community Forum. Join and take full advantage of opportunities to serve on committees, such as Estate Planning, Estate & Trust Administration, Surrogate’s Court or Charitable Planning. Work on projects such as technology for the trusts and estates practice, and ethical checklists for the trust and estates practitioner.

Contact the Trusts and Estates Law Section Liaison

To learn more about this Section, please contact Kim Francis
kfrancis@nysba.org
(518) 487-5611

Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.

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Michael Schwarz

Michael S. Schwartz

Michael S. Schwartz advises high net worth individuals, fiduciaries and family offices on sophisticated private client matters involving trusts and estates, including tax and succession planning. His practice focuses on domestic and multijurisdictional estate planning for high net worth individuals, extending to all facets of estate, gift and generation-skipping transfer tax planning. Michael also assists clients with succession and governance planning in contemplation of the transition of assets from generation to generation. In addition, Michael advises fiduciaries and beneficiaries on all phases of estate and trust administration. He also has extensive experience with gift and estate tax audits. Michael is a leading voice in the field of trusts and estates. He has been a frequent speaker, author and contributor to publications on issues relating to trusts, estates and succession planning. He has been ranked as a leading private client lawyer in New York in Chambers HNW* since the inception of its rankings. In 2023, he was elected to serve as Chair of the Trusts and Estates Law Section of the New York State Bar Association, where he has also served as Vice-Chair, Treasurer and Secretary. He was a former member of the Board of Directors of the Estate Planning Council of New York City, where he currently serves as Co-Chair of the International Estate Planning Committee. In addition, Michael is a Fellow of the prestigious American College of Trust and Estate Counsel (ACTEC). He is an Adjunct Professor of Law at Fordham University School of Law in New York City, teaching a class entitled Trusts and Estates Drafting, and is the co-author of the 14th edition of the Practicing Law Institute treatise entitled Stocker on Drawing Wills and Trusts, which is updated annually.

Online Community

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TrustsandEstatesJournal2023vol56no1_Cover

Section Publications

Trusts & Estates Law Section Journal- Vol. 56 No. 1

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Trusts and Estates Law Section Journal Archive

Trusts and Estates Law Section Journal

The Trusts and Estates Law Section Journal features peer-written, substantive articles relating to the practice of trusts and estates law on various topics including estate planning, will drafting, tax issues, guardianship, power of attorney, and probates. Recent New York State Decisions, Case Notes—Recent New York State Surrogate’s and Supreme Court Decisions, and a Florida Update are featured in each issue. Edited by Nicholas G. Moneta, Esq., the Trusts and Estates Law Section Journal is published quarterly by the Trusts and Estates Law Section and distributed to Section Members free of charge.

The Trusts and Estates Law Section Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise, and have written articles on such topics as estate planning, will drafting, tax issues, guardianship, power of attorney, and probates.

Author Guidelines

NYSBA has created comprehensive author guidelines, with information regarding our reprint policy, style guidelines, and obtaining MCLE Author Credits.

View the author guidelines

Report of the Taxation Committee-Request for Further New York Tax Postponement Relief Through July 15, 2020

Proposal to Harmonize NYS Debtor Protections for Savings and Retirement Benefits

Trusts & Estates Law Section Memos

Trusts Memo 6 – S5959C
Trusts Memo 7 – Request for further New York Tax Relief thought July 15, 2020

Trusts & Estates Law Section Committee

Awards

2023 Rising Star Fellowship

Applications are open for the 2023 New York State Bar Association Trusts and Estates Rising Star Fellowship. This is a great opportunity for junior attorneys to become an active part of the New York trusts and estates community.

To be eligible for the Fellowship, applicants must have between three (3) and six (6) years of relevant legal experience.

All applications should be sent to the chair of the Membership Committee, Sarah Pickering, at sarah.pickering@skadden.com

Deadline: Wednesday, December 14, 2022

View and download application (PDF)

Chairs Award (Formerly the Russell A. Taylor Award)

Recognition of exceptional contributions to the Section and the Bar.

Presented by: Trusts and Estates Law Section

Contact: Kim Francis, Section Liaison & Program Manager | kfrancis@nysba.org

Nomination Deadline: None

Date Presented: January Annual Meeting

Prize Awarded: Tiffany Clock or Chair’s Choice

Previous Award Recipients

2014 Marilyn (Micky) Ordover
2013 Professor Ira Bloom
2012 Jon L. Schumacher, Esq.
2006 Hon. Raymond Radigan
2003 Charles F. Gibbs, Esq.
2002 Arthur M. Sherwood, Esq.
2000 Wallace Leinheardt, Esq.
1995 John W. Tarbox, Esq. (posthumously)

Fellowships

2023 Trusts and Estates Law Section Fellowship

The Fellowship Program will provide students an opportunity to experience trusts and estates law practice in this public sector. The ultimate goal of the Fellowship is to create a network and forge relationships among trusts and estates law attorneys throughout the State of New York. Fellowships will be offered each Summer (June – August) in various locations across the state in the Chambers of a Surrogate Court Judge. Information on which Surrogates will be hosting Fellowships may be found on the application.

View and Download Application (PDF)

Application Deadline: February 6, 2023

COVID-19: Execution of Estate Planning Documents: Perspectives and Thoughts on How this Will Affect Our Practice

Speakers:

Jill Beier, Esq., Beier PLLC, Lake Placid, NY

Deborah Kearns, Esq., Chief Clerk, Albany County Surrogates Court

Tara Anne Pleat, Esq., Wilcenski & Pleat, PLLC, Clifton Park, NY

Moderator:

Patricia J. Shevy, Esq., The Shevy Law Firm, LLC, Albany, NY

Power of Attorney Forms- Updated for 2021

New York State recently reformed the statutory short form power of attorney for purposes of financial and estate planning, effective June 13, 2021. The changes are designed to simplify the POA form, allow for substantially compliant language as opposed to exact wording, provide safe-harbor provision for good-faith acceptance of an acknowledged POA, and allow sanctions for those who unreasonably refuse to accept a valid POA. In addition, there are also a number of technical amendments.

Product Features

This version of the New York State Statutory Power of Attorney is formatted for Microsoft Word or Lexis Nexis.
Users simply utilize the tab key to enter information into the fields included.
Suggested language for permissible modifications is provided in a separate document and may be copied and pasted into the Power of Attorney form.
Frequently Asked Questions are provided to assist with the user experience along with an introduction articulating basic guidance for the form.

Purchase as Microsoft Word format

Purchase as Lexis Nexis format

Links of Interest

Internet Law Library: Trusts & Estates
The Internet Law Library was originally provided by the U. S. House of Representatives Law Revision Counsel Office. When the House of Representatives discontinued hosting the Library, several others (including lawguru.com) were allowed to carry it.
Thomas:U.S. House of Representatives’ Resource on Senate & House Bills in the current legislative session.
FedWorld
Access to government information services including search engines
State Probate Statutes on the Internet
Cornell Law School’s links to sources of state probate law.
Findlaw’s Wills, Trusts, Estates, & Probate Primary Materials and Government Resources, Journals, Newsletters and Articles, Mailing Lists and Usenet Groups.
New York State Laws
New York’s Estates, Powers & Trusts Law
Tax Related Sites
- New IRS home page
  with downloadable tax forms and publications.
- Cornell’s Federal Estate & Gift Tax Portion of the Internal Revenue Code
- Hypertext Internal Revenue Code
- Tax and Accounting Sites Links to Tax and Accounting Sites Maintained by Dennis Schmidt, Associate Professor of Accounting – University of Northern Iowa.
National Network for Immigrant and Refugee Rights (NNIRR)composed of local coalitions and immigrant, community, religious, civil rights and labor organizations and activists. It serves as a forum to share information an analysis, to educate communities and the general public, and to develop and coordinate plans of action on important immigrant and refugee issues.
The Law Engine
This resarch reference site contains many links to law sites, publications, forms, etc
The Federal Courts
- Findlaw’s Supreme Court — Searchable Decisions from 1937 [a free service].
- Federal Courts — Directory of Electronic Public Access Services
- Recent U.S. Supreme Court Decisions from 1990 – present (from Cornell)
- Searchable Supreme Decisions from 1937-1975
- Federal Statutes and Regulations
- Hypertext Internal Revenue Code
- SearchableU.S. Code
- Code of Federal Regulations
State Law Resources
- New York State Legislative Branch
  - New York State Assembly New Web Site & Bill Locator
  - New York State Senate Web Site & Gopher
- Federation of Tax Administrators (FTA) — Quick Access to Tax Forms from All States
- ALSO! (American Law Sources On-Line) provides a comprehensive, uniform, and useful compilation of links to all on-line sources of American law that are available without charge (Covers U.S., Canada & Mexico).
- State Information Profiles Service of the NASCIO (state chief information officers).

Some Useful Places To Go for Specific Pieces of Information

Kelley Blue Book Pricing on new and used cars for those who do not subscribe. Can get car prices for estate tax returns on line.
IRS Pub. 78 The IRS has published Pub. 78, which lists the charitable exempt organizations, on its web site. There is a search engine, and you can search by name and/or location.
Savings Bond Info Treasury Department’s Savings Bond info – all you ever wanted to know about the legal and financial aspects of Savings Bonds. Download the Savings Bond Wizard which allows you to mamange a portfolio of bonds in an estate.
Birth, Death & Marriage Certificates Where to go for those lost birth, death or marriage certificates.