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.

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Recent Reports

Report on proposed amendment to Section 11-2.3(b)(5) of the Estates, Powers and Trusts Law (April 2013) ( PDF ) 
Subject area: The Prudent Investor Act

Comments to the IRS regarding the Proposed and Temporary Regulations on the Portability of the Deceased Spousal Unused Exclusion Amount (September 2012) ( PDF )
Subject area: Deceased Spousal Unused Exclusion Amount (DSUEA)

Report on A.9481/S.6649 which would simplify the procedure for obtaining a marital deduction for a disposition to a non-US citizen surviving spouse where no federal estate tax return is required (May 2012)( PDF )
Subject area: Qualified Domestic Trusts

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