Trusts, Estates & Surrogate’s Courts 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.
With the pandemic continuing to impede our ability to conduct face-to-face meetings, some New Yorkers are now executing their Last Will and Testament remotely. The Trusts, Estates & Surrogate’s Court Committee has drafted a model attestation clause for use by those who bear witness to wills by live video conference.