Author Archives: Jay Butchko
3 Kinds of Testators the Probate Court Cannot Stand
If you are an incorrigible people pleaser, then death at least relieves you of the dread of seeing other people’s reactions to your mistakes and shortcomings. Despite this, even people who ostensibly do not care at all about what other people think about them sometimes put great effort into their estate plans. They do… Read More »
Who Is the Ideal Beneficiary of a Trust?
Despite what the AI summaries that appear above the organic search results might tell you, not everyone needs a trust. The deciding factor is not how wealthy you are. If you are wealthy, but you accept that tax laws apply to you, too, then there is no need to establish a trust; you can… Read More »
Backyard Chickens and Your Estate Plan: Not Just Pets, but Not a White Elephant, Either
The stereotypical hobbies of retirees tend to involve more attention to the natural world than most working people can afford. When you have a 9-to-5 job, there simply are not enough hours in the day to devote to gardening or birdwatching, unless you decide to forgo sleep and pursue the nocturnal versions of these… Read More »
Does New York Have Pre-Mortem Probate?
The surviving relatives of a deceased person often find the thought comforting that their late family member can still see them and offer encouragement. For the other perspective, though, the scenario is horrifying. Imagine being able to see the probate proceedings for your estate from beyond the grave. You might see a mean-spirited side… Read More »
The Role of the Public Administrator in New York Probate Cases
The signs of our society’s loneliness epidemic. People look to Chat GPT for advice and even companionship, when they used to call their mothers for the former and text their friends for the latter. For every person who goes out on a limb to let small talk turn into big talk and to delight… Read More »
A Family Trust Can Prevent Conflict and Keep Order, but Only If You Let It
You often feel that you are the only thing that keeps your whole family from descending into chaos, even though it is not possible to test your hypothesis while you are alive. You bankroll your entire family, and to show their gratitude, they attend family gatherings only when they feel like it and occasionally… Read More »
New York Estate Law Changes for 2026
Can you believe that 2025 is more than five sixths of the way finished? Perhaps it is time to take a page from Generation Z and “lock in” to accomplish your goals before 2025 ends, instead of waiting until 2026 to make resolutions for the year. Even if you are inclined to make resolutions… Read More »
How Acting as the Personal Representative of a Deceased Person’s Estate Is a Lot Like Running a Business
If you believe the myriad YouTube channels devoted to the subject, entrepreneurship resembles a hero’s quest, and the key to success is personal charisma. By contrast, no one would describe acting as the personal representative of a deceased person’s estate that way. In entrepreneurship, the goal is to go big, to sell your company… Read More »
How to Protect Your Family Home with a Living Trust in New York
Estate planning lawyers often advise clients to establish a trust and transfer property to it, because trusts are non-probate assets. This means that, after you die, the property in the trust will not become part of your estate as administered by the probate court. During probate, the estate must pay income taxes, and the… Read More »
Why Young Families in NYC Need an Estate Plan Now
Estate planning is not just about your estate. This means that you need an estate plan, even if you have no estate to speak of. In the context of probate law, an estate is the property that a person leaves behind after he or she dies. It is what the probate court distributes to… Read More »