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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 Proposed reforms to the New York State Estate Tax (March 2015) ( PDF format )
Subject area: Estate Tax

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

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.


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