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New York Estate Planning Lawyer Blog

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New York DTF Valuation Standards and Estate, Part II: The Appraisal Process

The New York Department of Taxation and Finance (‘DTF”) recognizes the Office of Real Property Tax Services (“ORPTS”) and Appraisal Standards Board (“ASB”) definition of  Uniform Standards ofProfessional Appraisal Practice (“USPAP”) guidelinesfor the appraiser inspection process requiring licensed appraisers identify 1) the property to be inspected; 2) the purpose and…

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New York DTF Valuation Standards and Estate, Part I: Valuation Standards

Estate planning involves asset valuation for purposes of taxation, financial and investment planning, and future distribution to heirs and beneficiaries of record. New York Department of Taxation and Finance (“DTF”) guidelines for ad valorem real property taxation of estates is defined by the standards of the Office of Real Property…

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The Advantages of the Revised UFADAA for Estate Planning

High wealth investors can avoid federal estate taxes on digital assets with the Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”) since 2015. Estate planners know that the end-of-life planning of trust and estate assets may include a whole host of digital assets, including financial assets such as cryptocurrency,…

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Publicity and Estate Rights to Copyright and Trademark

Celebrity assets left without a will or formal testamentary estate document are increasingly of interest to both estate and intellectual property law practitioners. Example is the estate of the late Singer, Aretha Franklin. Otherwise known as the “Queen of Soul,” the estimated $80 million estate involving the value of the…

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Mendieta Estate v. Amazon Studios

September 28, 2018, the estate of Cuban American Artist, Ana Mendieta filed suit against Amazon Studios for copyright infringement of her work in a Seattle federal court, Mendieta Estate v. Amazon Studios, Case No. 2:18-cv-01426. The dispute claims that the Amazon’s cinematic production, Suspiria directed by Luca Guadagnino, a remake…

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The Estate Advisor’s Role under the Revised UFADAA

The disposition of digital assets after death has increasingly become a question of clients planning an estate. While some digital accounts hold cryptocurrencies or payment gateway assets, others are nonfinancial, yet equally or more valuable in terms of worth to beneficiaries. Accounts including online bank or brokerage accounts and other…

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The 3-Tier System Rule of Third-Party Access Under the Revised UFADAA

Since ratification of the Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”) in 2015, the guidelines for third-party access of digital assets of deceased or incapacitated parties has been refined to include guidelines to estate fiduciaries (i.e. trustees, executors, or other agents) and court-appointed conservators or guardians of protected…

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The Benefits of Tax-exempt Institutional and State-sponsored Contribution Plans

The desire to ensure that grandchildren receive a high-caliber education can now be met with transfer of a 529 plan contribution fund to an estate or trust. Internal Revenue Service (“IRS”) 26 U.S. Code, Section 529 is the federal statutory rule guiding 529 plan tax-exempt transfer of individual investment contribution…

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