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Probate & Estate Administration


Does Your Estate Require Liquidity?
Dear Mr. Di Costanzo: Why do I need a Will or Trust if all my accounts have designated beneficiaries? Beneficiary designations are...

Salvatore Di Costanzo


Your Power of Attorney Dies With You!
Dear Mr. Di Costanzo: Can I act under my father’s power of attorney after he dies? One of the most important estate planning documents...

Salvatore Di Costanzo


Can my spouse access our jointly owned safe deposit box after my death?
Dear Mr. Di Costanzo: Can my spouse access our jointly owned safe deposit box after my death? It is common practice in New York for banks...

Salvatore Di Costanzo


Do I need to accept my Nomination as Executor?
When someone nominates you as the Executor of their Last Will and Testament (“Will”), you are not obligated to accept such nomination. In...

Salvatore Di Costanzo


Estate Planning for Younger Families
If you were to review my client files over the last decade, you might be surprised to learn that estate plans for people younger than...

Salvatore Di Costanzo


Does Your Estate Plan Need Updating?
Regardless of whether your estate plan is basic or complex, it is important to review the plan every few years for reasons that include...

Salvatore Di Costanzo


Do I still need a Last Will and Testament if I designate beneficiaries for all of my assets?
Co-Authored by Joanna C. Feldman Many people ask whether – or even why – they need a Last Will and Testament (“Will”) if they designate...

Salvatore Di Costanzo
3 Things to Change if You Are Going Through a Divorce
In many cases, a divorce is a traumatic experience for both parties. Usually, neither party has given any thought to the unintended...

Salvatore Di Costanzo
When someone says an account is in trust for someone else, does that mean it is in a trust?
The nomenclature used to title accounts can be daunting and quite frankly downright confusing. After creating trusts for our clients, we...

Salvatore Di Costanzo
My sister passed away. She named me as the Executor in her Will. Now what?
Co-authored by Joanna C. Feldman This is a question that often comes up in the midst of the grief of losing a loved one. The thought of...

Salvatore Di Costanzo
When do I need a revocable trust?
Remember, the purpose of a revocable trust is to avoid probate and following fact patterns make it a necessity to use a revocable trust....

Salvatore Di Costanzo
If I disinherit my child in my Will, does he/she need to be contacted upon my death?
Actually, yes! When someone dies, the first step is to determine if the decedent owned any assets individually, meaning there were...

Salvatore Di Costanzo


Use Your Will to Dictate How to Pay Your Debts
The main purpose of a will is to direct where your assets will go after you die, but it can also be used to instruct your heirs how to...

Salvatore Di Costanzo
Why is it someone with a revocable trust needs to probate their will?
This is a very common issue with revocable trusts and it results from not respecting the formalities of the trust. In order for a...

Salvatore Di Costanzo
What to do when Executor of my parent’s will is not giving me information about the assets of the estate?
Assuming by your question that you are a beneficiary of your parent’s estate, you are entitled to certain information. For instance,...

Salvatore Di Costanzo
How long is the probate process?
The answer to this question is dependent on the County you live in. Regardless, the probate process can take quite some time and delay...

Salvatore Di Costanzo


Be Aware of the Kiddie Tax Before Leaving an IRA to Children
Grandparents may be tempted to leave an IRA to a grandchild because children have a low tax rate, but the “kiddie tax” could make doing...

Salvatore Di Costanzo
New Law Favors Individuals with Disabilities and Special Needs
An integral part of our practice involves planning with the assets of individuals who are disabled or have special needs. These...

Salvatore Di Costanzo


What To Do When a Loved One Passes Away
Whether your spouse has just passed away or you have lost your mom or dad, the emotional trauma of losing a loved one often comes with a bew

Salvatore Di Costanzo
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