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Trusts, Estates and Surrogate's Court Committee

The Trusts, Estates and Surrogate's Court Committee addresses issues related to estate planning, trust law and practice, and the operation of Surrogate's Courts. The Committee also participates in the Judiciary Committee's evaluation of candidates for Surrogate.

Recent topics addressed by the Committee include the ability of a trustee to pay over the principal of a trust to a new trust (decanting), the operation of formulaic provisions in dispositive documents in light of federal estate tax changes, a surviving spouse's waiver of the right of election, and other estate and trust law issues resulting from the interplay of New York law with recent federal law changes.


Recent Reports

Report on the proposed amendment to §2-1.11(D)(5) of the New York Estate, Powers and Trusts Law concerning renunciation of property interest (March 2014) ( PDF ) 
Subject area: Property Interests, Renunciation of 

Memorandum concerning certain aspects of the 2014-2015 New York State Executive Budget dated January 20, 2014 (March 2014) ( PDF ) 
Subject area: Budget - NYS Executive

Report on certain aspects of the final report of the NYS Tax Reform and Fairness Commission dated November 2013 and the final report of the NYS Tax Relief Commission dated December 2013 (January 2014) ( PDF ) 
Subject area: Estate Tax

For the full list of committee reports click here


Legislative Activity

For more information on the legislative and policy work of the committee, including relevant reports, bill texts and additional advocacy materials, click here.


Resources

What Passage of the Marriage Equality Law Will Mean for Same-Sex Couples in New York: A Multidisciplinary Forum - 10/4/11 Event Materials


Related Events

4/30: An Introduction to the Probate Process & How to Avoid It