When a family member passes, their relatives are often unsure of what the next steps are in the process of distributing their assets to beneficiaries.  Most believe that it is necessary to probate the individual’s Will, if there is one.  However, in many circumstances, a full probate proceeding is not necessary.  In those cases, family members can save time and costs by administering the individual’s assets without offering the Will for probate.

Hurwitz & Fine Attorney Edward C. Robinson was recognized by The Daily Record as a "Power 20" Trusts & Estates Attorney. 

Governor Cuomo announced yesterday that New York’s COVID state of emergency, in place since March 7, 2020, has expired as of today, June 24, 2021.  What this means in terms of remote notarization of documents is unclear as the Governor had issued Executive Order 202.7 providing for remote notarization of documents, which had been extended through and including July 5, 2021.  In essence, we have conflicting guidelines as to how to treat this issue. 

New York’s power of attorney law (General Obligations Law Article 5, Title 15) was significantly amended in December 2020 to streamline both the power of attorney form included in the statute and its proper execution. At the time of signing, Governor Cuomo negotiated several amendments, to be formally adopted by the Legislature in future legislation. That “clarifying” legislation has now passed both houses and was signed into law by the Governor on March 25, 2021 (A02353/S00888) as Chapter 84 of 2021.

Attorney Carly M. Speyer updates on the status of virtual notary public and witnessing of estate documents under NY Pandemic Relief Executive Orders.

On December 15, Governor Cuomo signed an amendment to New York’s power of attorney law (General Obligations Law Article 5, Title 15) that will make the power of attorney form simpler and easier to correctly execute. 

The rules for how an IRA account balance is treated upon the death of the account owner have changed significantly, and those changes could impact many families.

The NYS Division of Eligibility and Marketplace Integration issued a General Information System message to all Local District Commissioners and Medicaid Directors regarding changes to the Medicaid application and recertification process in light of the COVID-19 crisis. Hurwitz & Fine summarizes these changes.

For many retirees, their retirement account is their biggest asset and one that they spent decades growing, but major changes could be coming to these accounts thanks to the pending SECURE Act, which is expected to be passed into law by 2020.

A power of attorney is an important tool in any life or estate plan, but it is critical to make sure that it achieves your objectives.