Creating a Letter Of Instruction To Go With Your Estate Plan

It doesn’t matter whether you are starting from scratch or have an estate plan in place, a letter of instruction (LOI) is an important part of any comprehensive plan. A letter of instruction can help your loved ones manage important information about you. An LOI conveys your desires, includes practical information about where to find […]

What It Means To Be a “Fiduciary”

One day, someone you love may ask you to be a  power of attorney. Your person may be planning for when they might become unable to take care of their affairs. For example, they might become disabled or incapacitated, and they would need a trusted person to step in and manage for them. This is […]

Knowing The Difference Between a Will and a Trust

Trusts and Wills have specific and quite different benefits for estate planning purposes. Each state has specific laws and regulations governing these legal documents. You can have both a will and a trust; however, the information in each should compliment the other. As a standalone, it is not accurate to say one is better than […]

Daniel R. Miller Named to Super Lawyers 2020 Rising Stars

Daniel Miller Super Lawyers

Miller & Miller Law Group PLLC is pleased to announce that Daniel R. Miller has been named to the 2020 New York Metro Rising Stars List. To qualify, New York Metro Rising Stars must be 40 years old or younger or have been practicing for less than 10 years. Recipients represent the top 2.5% percent […]

What are non-probate assets and how to recover them?  

estate assets document

When a person passes away, their estate is often comprised of probate assets and non-probate assets.  Probate assets are assets that will be distributed according to the decedent’s Last Will & Testament.  These assets are titled solely in the decedent’s name. Non-probate assets are sometimes called testamentary substitutes.  These assets have beneficiaries associated with the […]

What is an Ancillary Probate or Ancillary Administration Proceeding?

law book that's titled probate

When a person passes away with real property in multiple states, an ancillary proceeding may be necessary. The primary probate proceeding (if the person passed away with a Last Will & Testament) or primary administration proceeding (if the person passed away without a Last Will & Testament) is commenced in the State and County where […]

Joint Ownership of Real Property- Different Ways Real Property can be Titled

brownstone homes in new york city

Title to real property can be held in three different ways; tenants by the entirety, tenants in common, and joint tenants with rights of survivorship. Tenants by the entirety- the property is owned by a married couple.  The deed will usually state the parties as husband wife. For example the deed would say “John Doe […]

What is a Statutory Gifts Rider & Why is it Needed?

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The Statutory Gifts Rider or SGR, is a modification to a power of attorney that allows the agent to give gifts.  Without the Statutory Gifts Rider the agent under a power of attorney is only allowed to give gifts totaling $500 for the year for personal and family maintenance. The Statutory Gifts Rider may be […]

What is a Testamentary Trust?

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Simply put, a testamentary trust is a trust that is written into a Last Will & Testament.  The trust does not come into existence until the Will is probated. Testamentary trusts can be created for a variety of reasons.  Here are a few reasons a person might want to set up a testamentary trust in […]

Key Parties to a Trust

golden key

  This article will focus on some of the key parties to a trust.  There are generally three parties to a trust; the grantor, trustee, and beneficiaries. The Grantor or Settlor is the person that creates the trust.  This person will discuss with their attorney their wishes for the trust and the terms that will […]