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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

Transition letter to Chief Judge Janet DiFiore offering recommendations to improve the state courts and the judicial system during her term (April 2016) ( PDF format )
Subject area: NYS Judiciary

Report setting forth proposals to reform New York State Estate Tax (March 2016) ( PDF format )
Subject area: Estate Tax

Report in support of the New York State Bar Association Trusts and Estates Law Section’s proposed amendments to New York’s Uniform Transfers to Minors Act (February 2016) ( PDF format )
Subject area: Uniform Transfers to Minors Act

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