A publication of the Trusts and Estates Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.
The Trusts & Estates Law Section Fall Meeting has been reconfigured as a Virtual Program on October 1 & 2! View the Full Agenda under the Events Calendar tab on the left side of this page. Join us for the Meeting and a Virtual Reception on October 1st. You must register by September 20 in order for us to ship you the supplemental package for the Reception. Please select the Cocktail reception option when you register for the meeting if you plan on attending. Registration is NOT AUTOMATIC with your Meeting Registration. Questions? Email firstname.lastname@example.org.
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 LiaisonTo learn more about this Section, please contact Lisa Bataille
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 Jaclene D’Agostino, 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 Journal is published as a benefit for members of the Trusts and Estates Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission. © New York State Bar Association. All rights reserved. ISSN 2641-6204 (print) ISSN 2641-6220 (online)
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.
MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.
If you have written an article and would like to have it considered for publication in the Trusts and Estates Law Section Newsletter, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:
Jaclene D’Agostino, Esq.
Trusts & Estates Law Section Committee
- CLE Committee (Trusts & Estates Law)
- Charitable Planning Committee
- Digital Wills Committee
- Diversity Committee (Trusts & Estates Law)
- Elderly And Disabled Committee
- Estate & Trust Administration Committee
- Estate Litigation Committee
- Estate Planning Committee
- Ethics Committee (Trusts & Estates Law)
- Executive Committee (Trusts & Estates Law)
- International Estate Planning Committee
- Legislation & Government Relations Committee (Trusts & Estates Law)
- Life Insurance And Employee Benefits Committee
- Membership & Law Student Committee (Trusts & Estates Law)
- Multi-State Practice Committee (Trusts & Estates Law)
- NY Uniform Trust Code Committee
- Newsletter And Publications Committee (Trusts & Estates Law)
- Sponsorship Committee (Trusts & Estates Law)
- Surrogates Court Committee
- Taxation Committee (Trusts & Estates Law)
- Technology Committee (Trusts & Estates Law)
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: Lisa Bataille, Section Staff Liaison
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)
The Fellowship Program will provide students an opportunity to experience trusts and estates law practice. 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.
View/download the 2018 Fellowship information and application.
COVID-19: Execution of Estate Planning Documents: Perspectives and Thoughts on How this Will Affect Our Practice
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
Patricia J. Shevy, Esq., The Shevy Law Firm, LLC, Albany, NY
Power of Attorney Forms 2010
Power of Attorney Forms (Downloadable)
The New York Statutory Short Form Power of Attorney and New York Statutory Gifts Rider Authorization went into effect on September 12, 2010, the thirtieth day after it became law.
Although the specific language of the statutory forms cannot be changed, modifications can be made in subsection (g) of the Power of Attorney form and under paragraphs (b) and (c) of the Statutory Gifts Rider Authorization. Sample modifications to the Power of Attorney form and the Statutory Gifts Rider Authorization are also included. The modifications are provided by Kathryn Grant Madigan of Levene Gouldin & Thompson, LLP, and other State Bar volunteers, including Michael O’Connor of Delaney and O’Connor. Please note that some of these clauses are mutually exclusive and should be inserted in accordance with the direction/best interests of the Principal. You should also enter your own modifications, as appropriate, to best meet the needs of the Principal.
Although you are required to log in, there is no charge for members. At checkout, members should see a zero balance. There is a $20 charge for non-members.
Please be sure to read the instructions before downloading the form.
- Power of Attorney Instructions
- Power of Attorney New York Statutory Short Form
- Suggested Modifications (g) to the New York Statutory Short Form
- Power of Attorney New York Statutory Gifts Rider Authorization for Certain Gift Transactions
- Suggested Modifications to New York Statutory Gifts Rider
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.
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.
- New IRS home page
- 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
- State Law Resources
- New York State Legislative Branch
- 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.
LEGALEase Pamphlets produced by the NYSBA Elder and Trusts and Estates Law Sections. Click the link below to download.