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What Does a Trustee Do? Fiduciary Duties Under New York Law

A trustee is the person or institution legally responsible for managing the assets held inside a trust and distributing them according to the trust’s instructions, all for the benefit of the people named to receive them (the beneficiaries). In New York, a trustee is a fiduciary, which means the law holds them to the highest standard of care and good

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Trust Administration After Death in New York

Trust administration after death in New York is the process by which a successor trustee takes control of a trust, gathers and protects its assets, pays the decedent’s debts and taxes, and distributes what remains to the beneficiaries — all according to the terms the grantor wrote into the trust document and the rules of New York’s Estates, Powers and

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Protecting Your Assets With a Trust in New York

Protecting your assets with a trust in New York means using a legal arrangement, governed by the New York Estates, Powers and Trusts Law (EPTL) Article 7, to hold property for the benefit of yourself and the people you love—often while avoiding probate, preserving privacy, planning for incapacity, and, in the right circumstances, shielding assets from estate taxes, creditors, or

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How to Choose a Trustee for Your New York Trust

Choosing a trustee for your New York trust comes down to one core question: who do you trust to manage your assets honestly, prudently, and in line with your wishes — for years, or even decades, after you sign the document? The right trustee is someone who is financially responsible, organized, impartial toward your beneficiaries, and willing to follow the

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Do Irrevocable Trusts Save New York Estate Tax?

Yes — a properly structured irrevocable trust can reduce or even eliminate New York estate tax, because assets you transfer into it generally leave your taxable estate. That is the short answer. The longer answer, which matters a great deal in New York, is that not every trust saves estate tax. A revocable living trust does not. The irrevocable structure

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Can You Change or Decant an Irrevocable Trust in New York?

Yes — although an irrevocable trust is, by design, very difficult to change, New York law does provide several limited paths to modify it. The most common is a process called decanting, where the trustee “pours” the assets from the old trust into a new trust with better terms. Other routes include consent of all the beneficiaries, court approval, or

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