Trusts & Estates Law Section

COVID-19: Execution of Estate Planning Documents: Perspectives and Thoughts on How this Will Affect Our Practice

Speakers:

Jill Beier, Esq., Beier PLLC, Lake Placid, NY

Deborah Kearns, Esq., Chief Clerk, Albany County Surrogates Court

Tara Anne Pleat, Esq., Wilcenski & Pleat, PLLC, Clifton Park, NY

Moderator:

Patricia J. Shevy, Esq., The Shevy Law Firm, LLC, Albany, NY

Power of Attorney Forms- Updated for 2021

New York State recently reformed the statutory short form power of attorney for purposes of financial and estate planning, effective June 13, 2021. The changes are designed to simplify the POA form, allow for substantially compliant language as opposed to exact wording, provide safe-harbor provision for good-faith acceptance of an acknowledged POA, and allow sanctions for those who unreasonably refuse to accept a valid POA. In addition, there are also a number of technical amendments.

Product Features

• This version of the New York State Statutory Power of Attorney is formatted for Microsoft Word or Lexis Nexis.
• Users simply utilize the tab key to enter information into the fields included.
• Suggested language for permissible modifications is provided in a separate document and may be copied and pasted into the Power of Attorney form.
• Frequently Asked Questions are provided to assist with the user experience along with an introduction articulating basic guidance for the form.

Links of Interest

• Internet Law Library: Trusts & Estates
  The Internet Law Library was originally provided by the U. S. House of Representatives Law Revision Counsel Office. When the House of Representatives discontinued hosting the Library, several others (including lawguru.com) were allowed to carry it.
• Thomas:U.S. House of Representatives’ Resource on Senate & House Bills in the current legislative session.
• FedWorld
  Access to government information services including search engines
• State Probate Statutes on the Internet
  Cornell Law School’s links to sources of state probate law.
• Findlaw’s Wills, Trusts, Estates, & Probate Primary Materials and Government Resources, Journals, Newsletters and Articles, Mailing Lists and Usenet Groups.
• New York State Laws
• New York’s Estates, Powers & Trusts Law
• Tax Related Sites
  • New IRS home page
    with downloadable tax forms and publications.
  • Cornell’s Federal Estate & Gift Tax Portion of the Internal Revenue Code 
  • Hypertext Internal Revenue Code
  • Tax and Accounting Sites Links to Tax and Accounting Sites Maintained by Dennis Schmidt, Associate Professor of Accounting – University of Northern Iowa.
• National Network for Immigrant and Refugee Rights (NNIRR)composed of local coalitions and immigrant, community, religious, civil rights and labor organizations and activists. It serves as a forum to share information an analysis, to educate communities and the general public, and to develop and coordinate plans of action on important immigrant and refugee issues.
• The Law Engine
  This resarch reference site contains many links to law sites, publications, forms, etc
• The Federal Courts
  • Findlaw’s Supreme Court  — Searchable Decisions from 1937 [a free service].
  • Federal Courts  — Directory of Electronic Public Access Services
  • Recent U.S. Supreme Court Decisions  from 1990 – present (from Cornell)
  • Searchable Supreme Decisions from 1937-1975
  • Federal Statutes and Regulations
  • Hypertext  Internal Revenue Code
  • SearchableU.S. Code
  • Code of Federal Regulations
• State Law Resources
  • New York State Legislative Branch
    • New York State Assembly  New Web Site & Bill Locator
    • New York State Senate  Web Site & Gopher
  • Federation of Tax Administrators (FTA)  — Quick Access to Tax Forms from All States
  • ALSO! (American Law Sources On-Line) provides a comprehensive, uniform, and useful compilation of links to all on-line sources of American law that are available without charge (Covers U.S., Canada & Mexico).
  • State Information Profiles Service of the NASCIO (state chief information officers).

Some Useful Places To Go for Specific Pieces of Information

• Kelley Blue Book Pricing on new and used cars for those who do not subscribe. Can get car prices for estate tax returns on line.
• IRS Pub. 78 The IRS has published Pub. 78, which lists the charitable exempt organizations, on its web site. There is a search engine, and you can search by name and/or location.
• Savings Bond Info Treasury Department’s Savings Bond info – all you ever wanted to know about the legal and financial aspects of Savings Bonds. Download the Savings Bond Wizard which allows you to mamange a portfolio of bonds in an estate.
• Birth, Death & Marriage Certificates Where to go for those lost birth, death or marriage certificates.

Section Pamplets

LEGALEase Pamphlets produced by the NYSBA Elder and Trusts and Estates Law Sections.  Click the link below to download.

• Living Wills and Health Care Proxies
• Why You Need a Will