Gabor & Marotta LLCGabor & Marotta LLC2026-07-08T02:02:33Zhttps://www.marottalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605386/2026/04/cropped-gabor-site-icon-new-32x32.pngOn Behalf of Gabor & Marotta LLC<![CDATA[Your life insurance likely supersedes your estate plan]]>https://www.marottalaw.com/?p=482332026-02-19T11:02:42Z2026-02-19T11:02:42ZIf you have a life insurance policy, you may be counting on that money to leave your family members a significant inheritance. Even if you do not have other significant assets, you know that they are going to receive a payout from the life insurance company, and you intentionally bought it to give them financial security after you pass away.
When you buy that policy, the life insurance company will ask you to name a beneficiary. It is important to keep in mind that this designation often takes precedence over anything that you have written in your estate plan. This is why it is helpful to make sure that all of your documentation matches.
Problems this could create
If there are differences in the documentation, it can lead to some significant conflicts.For instance, maybe you were a young parent when you bought the policy, and you only had one child. You named them as the beneficiary. Later on in life, however, more children were born. In your estate planning documentation, you have indicated that all of your children should split the life insurance payout evenly.Even if that is what you intended, the life insurance provider is not bound by your estate plan. They are likely just going to pay the full amount to your named beneficiary, which is your eldest child. This can lead to conflicts with other siblings who believe they are entitled to a portion of that money.
Setting up your estate plan
This is just one potential conflict to be aware of. As you create all of your estate planning documentation, take the time to look into the legal details carefully.]]>On Behalf of Gabor & Marotta LLC<![CDATA[Contesting a will is possible in limited circumstances]]>https://www.marottalaw.com/?p=482312026-02-09T13:38:05Z2026-02-09T13:35:09ZThere are usually a lot of emotions present when you learn that a loved one passed away. Those might intensify if you discover that the decedent’s will doesn’t reflect what you thought it would say. In some cases, it’s possible to contest a will.
In order to contest a will, you have to be considered a person of interest in it. This means that you were named in the will or in a previous will or are considered an heir. If you qualify as someone who can contest the will, you’ll have to determine if the reason you’re contesting the will is valid.
Reasons to contest a will
You can’t contest a will just because you don’t like what it says. Instead, you must have a valid reason, such as undue influence. This means that the person was influenced to create or change a will in a way that they wouldn’t have wanted. Another common reason that a will might be contested is a lack of testamentary capacity. This occurs when the person creating or changing the will can’t understand what they’re doing. A valid will requires the person to fully understand the implications of their decisions, which includes knowing the value of the property and who will benefit from the will’s terms. Improper execution is another possible reason to challenge a will. There are specific legal requirements that must be present in the will, so contesting it is possible if they aren’t present. Contesting a will can be emotionally challenging and financially draining. These disputes can open conflicts and create new ones between families. Because of this, it's often best to work with someone who understands the situation and can help to determine if contesting the will is the appropriate course of action.]]>On Behalf of Gabor & Marotta LLC<![CDATA[Power of attorney: What duties can you give your agent?]]>https://www.marottalaw.com/?p=482302026-02-02T17:07:21Z2026-02-02T17:07:21ZGiving someone a power of attorney (POA) is a big step. It means you trust them to make decisions on your behalf. However, not all POAs are the same. Understanding exactly what duties you can assign your agent is essential if you’re considering creating a POA.
For starters, a POA can be broad or limited. A broad or general POA gives your agent wide-ranging authority to handle many aspects of your financial and legal affairs. A limited POA restricts their powers to particular tasks. Choosing the right type depends on your needs and level of comfort with your agent.
Financial duties an agent can handle
In New York, agents can manage various financial matters, including paying bills, filing taxes, handling investments or collecting rent from rental properties. They can even buy or sell property on your behalf if your POA grants that authority. A properly drafted POA ensures your day-to-day finances continue smoothly if you’re unable to handle them yourself.
Health care decisions
A POA cannot explicitly give your agent authority over health care decisions unless it’s part of a health care proxy. This is a separate but related document that allows your agent to make medical decisions if you cannot. They can communicate with doctors, approve or refuse treatment and even make long-term care decisions in line with your documented instructions.
What agents cannot do
Even with a broad POA, there are clear limits. For instance, your agent cannot create or change your will, alter beneficiary designations on certain non-probate assets or make personal decisions unrelated to the powers granted in the POA. Additionally, they cannot continue to act on your behalf when you die.
Tailoring your POA
The beauty of a POA lies in its flexibility; you’re not locked into a one-size-fits-all document. You can craft the document around your assets, family dynamics and comfort level. You may, for example, allow your agent to handle everyday financial matters but require additional oversight before making huge transactions.You can also decide when the POA becomes effective, and you have the right to name more than one agent, which can add a layer of accountability. Reaching out for legal guidance can help you learn more about POAs and create a personalized legal document that protects your interests.]]>On Behalf of Gabor & Marotta LLC<![CDATA[What are the legal requirements for contesting a will?]]>https://www.marottalaw.com/?p=482282026-02-02T15:17:50Z2026-02-02T15:17:50ZWho has the right to contest a will?
Not everyone can contest a will in New York. Per state law, you must have something called "standing." This refers to your financial interest which could be negatively affected if the court admits the will to probate. Standing usually applies to distributees, individuals who would inherit under the state's intestacy laws if there were no will, when the will provides them with less than their intestate share.
What are the grounds for doing so?
Aside from standing, you need valid legal grounds to contest. Courts recognize the following:
Improper execution: The will was not signed or witnessed according to the formal requirements of New York law.
Lack of testamentary capacity: The person who created the will did not understand the nature of their property, who their family members were or the consequences of the document they were signing.
Undue influence: Someone pressured or manipulated the testator into creating or changing the will against their true wishes.
Fraud or forgery: The document contains forged signatures or someone created it through deception.
It is important to know that you do not necessarily need smoking gun evidence just to begin. The law gives you the right to depose the witnesses and the attorney who drafted the will to gather the facts before you decide to file formal objections.
How much time do you have to file?
Unlike many other legal matters that have years-long statutes of limitations, will contests operate on much tighter deadlines. The probate process moves quickly to ensure that bills get paid and assets can be distributed in a timely manner.
When an executor files a will for probate in Surrogate's Court, all interested parties receive formal notice through a citation. The return date is the deadline to appear and state your intent to object or conduct discovery; the formal written objections are typically due later.
If you do not appear at the citation return date (or have an attorney appear on your behalf), you lose your right to contest the will. The court will proceed with probate unopposed. This makes that first court date the most important moment in any potential contest.]]>On Behalf of Gabor & Marotta LLC<![CDATA[When a testator can’t understand the will they’re signing]]>https://www.marottalaw.com/?p=482242026-01-19T00:52:14Z2026-01-19T00:52:14ZWhat is testamentary capacity?
Most legal adults benefit from the presumption that they have testamentary capacity. It is essentially the ability to understand documents and to enter into a legal agreement. When families contest a will on the basis of the testator lacking capacity when they drafted it, they have to provide evidence supporting their claims.
Typically, they need to show that the testator was unable to understand the impact of the documents that they drafted, possibly due to dementia or other serious medical challenges. If the testator was unable to identify their personal assets, name their beneficiaries or independently explain the purpose of the will, then they may not have had the necessary capacity to draft a valid will.
In cases where issues with capacity undermine a will's usefulness, the courts might defer to a prior version of the will drafted before the testator’s health declined. Other times, the courts might use state law as a guideline for distributing property among close family members of the deceased individual.
The timeline for an older adult’s medical decline can help concerned families determine if probate litigation might be possible. Contesting invalid wills can sometimes help families pursue the true intentions of a person who has died.]]>On Behalf of Gabor & Marotta LLC<![CDATA[Totten trusts can play an important role in estate plans]]>https://www.marottalaw.com/?p=482232025-12-30T13:24:58Z2025-12-30T13:24:58ZCreating an estate plan is an important task for any adult, but it’s one that can be challenging because of everything that has to be considered. Some people who are just starting on this process may not think that they need to entertain the idea of having a trust, but there is one type of trust that can be critically important to an estate plan.
The Totten trust is a revocable trust, which means it can be changed as you see fit. This is set up at your financial institution and governs what happens to your accounts when you pass away. Each account can have a different Totten trust. When you go to the bank, you may hear them call it a payable on death designation.
Why is a Totten trust important?
A Totten trust is important because it allows your designee the ability to access the funds in the account without having to go through probate. Instead, they can bring your death certificate and their photo identification to the bank and access the account. This can bridge the gap between your death and when probate closes. Having someone named as designee doesn’t provide them with any access to the account before your death. You retain full use of the account and complete privacy. It’s only after your death that they are given access. If you’re using a Totten trust for your financial accounts, it’s critical that you leave those assets out of your formal estate plan. This is necessary to ensure that there aren’t any discrepancies in who receives the account. You should still have your other assets outlined and designated in the estate plan through your will or trusts. Working with someone who understands your situation and can help you determine how to handle everything may be beneficial. ]]>On Behalf of Gabor & Marotta LLC<![CDATA[How tax efficient is your estate plan?]]>https://www.marottalaw.com/?p=482212025-12-19T03:07:11Z2025-12-19T03:07:11Zestate tax, separate from the federal estate tax. If your estate exceeds a certain value, taxes can take a substantial portion of it. Even for estates below the legal threshold, careful planning can help minimize other costs and avoid unnecessary complications.
Strategies for minimizing estate taxes
You can employ various strategies to reduce estate taxes when planning your legacy. For instance, gifting assets during your lifetime can lower the taxable value of your estate. Similarly, transferring assets to an irrevocable trust can also shield them from estate taxes while providing for your beneficiaries. Even careful titling of property and beneficiary designations can make a difference.
Review and update your estate plan regularly
An estate plan isn’t a one-and-done document, especially when it comes to minimizing taxes. Tax laws and regulations at both the state and federal levels can change over time, potentially altering how your estate is taxes. Regular reviews help ensure that your strategies remain current and your estate plan continues to pass on as much value as possible while accommodating any life changes.
Having professional estate planning guidance when crafting your estate plan can go a long way in making every dollar count for your loved ones. With proper legal support, you can leverage the right strategies to protect your estate from unnecessary taxes and ensure your assets are distributed according to your wishes.]]>On Behalf of Gabor & Marotta LLC<![CDATA[2 ways to keep assets out of probate]]>https://www.marottalaw.com/?p=482202025-12-04T10:10:25Z2025-12-04T10:10:25ZMany assets go through probate after a person passes away. Their estate plan helps to guide this process. The estate executor inventories the assets, handles debts or taxes, distributes assets to beneficiaries and much more.
But it is also possible to keep some assets out of probate. There are many potential tactics, depending on your specific situation, but two possible options are listed below.
Giving gifts in advance
First and foremost, you can give gifts to intended beneficiaries in advance, long before you pass away. Many people do this not just to keep those assets out of probate, but to reduce the estate tax burden. It is important to note that, for the gift to not count for estate tax purposes, it must be given three years before someone passes away. So if a person gave away all of their assets six months before they died, those assets would still count toward estate taxes under New York law. But if they gave away assets three or more years before passing away, those assets would not count – and would not have to go through probate.
Using a payable on death (POD) account
Another option is to set up a beneficiary for a bank account, making it a payable-on-death account. You still retain access to the account and control over it while you are alive. But when you pass away, the beneficiary then takes over and owns that account. Because they were already listed, the POD account does not need to be part of your estate plan and also would not go through probate.
Exploring your legal options
These are just two options of many that you may want to consider. Be sure you know what legal steps you can take when creating an estate plan and addressing probate.]]>On Behalf of Gabor & Marotta LLC<![CDATA[4 great charities and nonprofits to support in New York]]>https://www.marottalaw.com/?p=482182025-12-03T09:07:22Z2025-12-03T08:57:42ZCity harvest
Founded in 1982, City Harvest is New York’s largest food rescue organization. Their mission is to combat hunger in local communities by collecting excess food from various grocery stores, bakeries and restaurants in the city.
Each year, the organization helps reduce millions of pounds of food waste and deliver them to those in need, contributing to New York’s efforts to end hunger.
The bowery mission
Ever since the 1870s, this nonprofit organization has been a beacon of light for the homeless people of New York City. The bowery mission is well-recognized for providing meals, shelter and medical care for those in need.
Today, their legacy has blossomed into a diverse service provider, offering homeless people and the needy with programs that help foster long-term recovery.
God’s love we deliver
Founded in 1985 as a response to the AIDS epidemic, this nonprofit organization originally provided meals to HIV/AIDS patients who could not cook for themselves.
Over the years, God’s love we deliver has transformed into a dedicated meal delivery program, preparing nutritious meals for people with serious health conditions like diabetes, liver disease and cancer.
North shore animal league USA
North shore animal league USA is the largest no-kill animal rescue organization in the world. Every year, they help rescue a vast number of abused and/or abandoned animals from the streets.
Through their core mission and the dedicated efforts of their rescue partners, they help shelter animals get adopted to loving homes and inform the public about responsible pet ownership.
Instill your kindness into your legacy
Charitable giving is a wonderful way to support charities and nonprofit organizations. By including them in your will or naming them as your living trust beneficiaries, your advocacy can become a meaningful part of your legacy.]]>On Behalf of Gabor & Marotta LLC<![CDATA[Is putting your assets in a parent’s name safe?]]>https://www.marottalaw.com/?p=482172025-11-21T04:54:12Z2025-11-21T04:54:12ZManaging your wealth can sometimes feel complicated, especially when you want to protect it from unexpected events like a divorce. Some individuals consider transferring assets to a parent’s name as a way to shield property or investments. At first, this might seem like a simple solution to reduce exposure, but there are important factors to consider before taking action.
While moving assets under someone else’s name without their awareness may seem discreet, it carries legal and financial implications. What seems like a temporary or protective measure could have lasting effects on taxes, liability and even personal relationships.
Things to think about
Family relationships are a huge factor to consider. Asking a parent to hold assets may create pressure or stress. What starts as a simple plan can lead to misunderstandings or tension. Life is unpredictable, too; circumstances change, and what seems safe today may be harder to manage in the future. Getting assets back or using them as intended could become complicated.Another point to consider is how this affects your personal record and future plans. Once assets are in someone else’s name, it can influence loan applications, credit considerations or your ability to make investments quickly. Even small changes in your life, such as moving, starting a business or unexpected expenses, can interact with this setup in ways that are difficult to predict. Thinking through these possibilities now can save a lot of frustration later. Because of all these moving parts, it helps to think things through carefully. Careful planning can help avoid unnecessary problems with finances or family. Therefore, it’s wise to get guidance from a legal team experienced in financial matters for a fresh perspective. Even if your intentions are purely protective, transferring assets without full transparency can have legal, financial and personal consequences. ]]>