Private Client Archives – Falcon Rappaport & Berkman PLLC

Digital Asset Estate Planning: Summary and How to Plan

Estate Planning
January 13, 2022
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If you own digital assets, you should include them when you plan your estate. In our latest article, FRB’s Daniel J. Gershman, Esq. writes about how to incorporate digital assets into your estate plan.

Special Needs Trusts: Summary and How to Plan

Careful planning is needed to properly provide for a loved one with a disability. If your family member has special needs, you should be aware of financial planning tools like special needs trusts.

Am I Too Young for Medicaid Planning?

trust administration
September 20, 2021
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None of us are getting any younger and, generally, not any healthier. This article overviews proper Medicaid and estate planning.

The Basics of Guardianship in New York

This article details the legal process of guardianship in New York.

Blind Trusts in the Private Sector: When and Why They Are Necessary

trust administration
August 31, 2021
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An overview of blind trusts and how they are used in the private sector.

Organizing Your Life for Your Death: Five Things to Do Before You Die

Estate Planning
August 24, 2021
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This estate planning article provides a list of five things you can do to help your family administer your estate.

Uniform Partition of Heirs Property Act Partition by Sale in New York State

Pursuant to the UPHPA, under any action to partition real property, a court is now required to determine whether the property is “heirs property,” as defined by the UPHPA. If the court determines that the property is heirs property, then a court shall partition the property in accordance with the UPHPA.

The Basics of the Uniform Partition of Heirs Property Act in New York

The law concerning partitioning a property in New York changed as of December 2019 when New York enacted the Uniform Partition of Heirs Property Act (“UPHPA”). The UPHPA seeks to protect owners who have recently inherited real property from an estate. It does so by mandating a settlement conference before any heirs property can be partitioned, and requires that the parties to that conference act in good faith.

Estate Planning for Unmarried Partners: Tips, Tricks, and What to Avoid

Inherited Property
March 9, 2021
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In a recent study by the Pew Research Center, fifty-nine percent of adults between the ages of eighteen and forty-four claimed to have lived with an unmarried partner at some point in their lives…. Accordingly, it is now important than ever that unmarried couples who do not plan to ever marry or even register a domestic partnership plan properly for their future together.

Determination of Market Value Under the Uniform Partition of Heirs Property Act

One of the most important aspects of the Uniform Partition of Heirs Property Act (the “The UPHPA”) is the determination of the value of the property at issue. Often, issues arise between the parties to the action because they do not know the value of the property. To remedy this issue and provide a fair and equitable solution to the parties, the UPHPA provides flexibility in determining a value.

Private Client