Timins Law Group Blog

Can a Beneficiary Challenge an Executor or Trustee?

Posted on October 30, 2026

A beneficiary dispute may arise when someone who is entitled to receive property from an estate or trust believes that an executor or trustee is not carrying out their legal responsibilities properly. In New York, beneficiaries do have ways to challenge fiduciary conduct. However, disagreement or frustration alone does not automatically establish wrongdoing. Executors and trustees are fiduciaries. That means they are responsible for managing assets for the benefit of others and must follow legal duties as well as the terms of the will or trust. New York law allows courts to intervene when a fiduciary wastes assets, improperly manages property, refuses to follow lawful directions or otherwise becomes unfit to serve. Interested persons may also seek accountings and other

What Are the Most Common Reasons to Contest a Will?

Posted on October 24, 2026

To contest a will in New York, an interested person generally needs more than disappointment about an inheritance. A valid will contest usually depends on a recognized legal issue involving how the will was created, signed or influenced. Common grounds include lack of testamentary capacity, undue influence, improper execution, fraud and questions about whether the document is actually the decedent’s valid final will. Disputes over wills can become especially difficult because they often combine legal questions with longstanding family relationships. A child may believe a parent was pressured into changing an estate plan. A beneficiary may question a major change made shortly before death. Another family member may discover that an earlier estate plan divided property very differently. New York

When Is Elderly Guardianship Necessary for an Elderly Person?

Posted on October 16, 2026

Elderly guardianship may become necessary when an older adult can no longer safely manage important personal or financial matters and existing planning documents or other forms of support cannot adequately protect them. In New York, becoming older does not automatically mean that someone needs a guardian. The focus is on the person’s actual abilities, circumstances and risk of harm. For families, this distinction matters. Memory problems, physical limitations or an unusual financial decision do not necessarily establish legal incapacity. Guardianship is a significant court-supervised intervention that can transfer particular decision-making powers from an individual to another person. New York’s Article 81 framework is designed around the principle that a guardian should receive only the authority necessary to address the person’s

How Can I Protect My Assets From Nursing Home Costs?

Posted on October 12, 2026

If you want to protect assets from nursing home costs, planning should usually begin before long-term care becomes an immediate need. A home, retirement savings, investments, and other property may represent decades of work. Understandably, families often want to know whether those assets can be preserved if nursing home care becomes necessary. For individuals and families in New York City and Westchester County, asset protection requires more than simply transferring money to relatives. Medicaid eligibility rules, estate recovery, trust law, property ownership, tax considerations, and family circumstances can all affect the outcome. Medicaid planning can provide lawful ways to prepare for long-term care. However, the right strategy depends on your circumstances. A plan that works for a married homeowner may

Give Like Dolly: Making Your Legacy Count

Posted on September 11, 2026

Dolly Parton was much more than a singer and entertainer, she was a songwriter, businesswoman, and cultural icon whose impact extended far beyond her music (That is a pretty impressive list). Dolly Parton spent her lifetime building a remarkable legacy through her creative work, businesses, and philanthropy. One of Dolly’s most notable philanthropic endeavors (and closest to my heart) is her Imagination Library. While few of us will leave behind a legacy on the scale of Dolly Parton’s, her death is a reminder of an important estate planning question: What happens to the things we leave behind and how do we continue to care for the people and causes that were so important to us? When considering the legacy we

Medicaid Planning In 2026: How It Helps Protect Your Assets

Posted on September 11, 2026

Long term care is one of the fastest ways a family can lose financial stability. In a national survey, seventy percent of adults age sixty five and older will need some type of long term care during their lifetime(U.S. Department of Health and Human Services, 2020). In New York, where care costs are often higher than the national average, the risk is even more intense for families who own a home, have retirement savings, or both. This is where Medicaid planning becomes a practical tool, not a loophole. Done correctly, it can help you qualify for benefits while legally protecting key assets like a primary residence for a spouse, certain income streams, and carefully structured savings. In this guide, you

Estate Planning in 2026: What It Is and Why It Matters More Than Ever

Posted on September 10, 2026

Most Americans still do not have an estate plan. In one of the most widely cited national surveys, two thirds of adults reported having no will (Caring.com, 2024). In New York, that gap can turn into court delays, family conflict, and avoidable costs because state rules take over when your wishes are not written down. You will learn what an estate plan includes, why it is important at every age, how the estate planning process typically works, and when to involve an estate planning attorney. We will also cover 2026 trends like digital assets, tighter fraud prevention at banks, and the continued normalization of remote signing workflows where legally permitted. What is estate planning? Estate planning is the legal and practical process

Estate Planning Documents: The 2026 Ultimate Guide To What You Actually Need

Posted on September 9, 2026

Most families do not fail because they do not care. They fail because they never put the right estate planning documents in place before a crisis hits. In the most cited national benchmark, only about one third of US adults have a will (Caring.com, 2024). That gap matters more in 2026 because families are juggling longer lifespans, blended households, digital assets, and more complex healthcare decisions. This guide explains what documents should be included in an estate plan and why each one matters. You will learn the core legal documents, the supporting documents people forget, and how to match them to real life situations like incapacity, long term care, and probate. You will also see common mistakes we regularly fix

Will Vs Trust in 2026: Do You Need a Will or a Trust for Your Estate?

Posted on September 8, 2026

More than half of US adults do not have a will which means many families still face avoidable cost delay and conflict after a death (Caring.com, 2024). In New York that risk can be amplified by high housing values blended families and a growing number of older adults planning for long term care. If you have ever wondered will vs trust you are not alone and the right answer often depends on what you own who you want to protect and how much privacy and control you want during life and after death. In this guide you will learn when a will is enough when a living trust makes sense and how revocable trust planning fits into a modern estate

Pied-a-Terre Means Paying Your “Fair Share”

Posted on August 14, 2026

New York City’s budget is over $120 Billion a year, more than the national budgets of Ireland and Portugal combined. Someone has to pay all these bills, and it may be you. The Pied-a-Terre tax (PAT) – a “second home” tax – was passed on the assumption people owned NYC real estate and probably worked in the City, but since they hated paying NYC income taxes, they bought another home in the Hamptons or the Jersey Shore which they claimed was their actual domicile, thereby minimizing their overall income tax bill. If you have enough money to purchase a second home in New York City: Congratulations, you’ve earned it (or more likely, you inherited it). But if you

No, An NYC Mayor Cannot Create an Estate Tax (But What if He Could?)

Posted on March 27, 2026

No, An NYC Mayor Cannot Create an Estate Tax (But What if He Could?) Last week, in a move that surprised no one who was listening to his campaign promises, the NYC Mayor proposed to decrease New York’s current estate tax exemption from $7,350,000 to $750,000, and increase its highest estate tax rate from 16% to 50%. And while it only took 30 seconds for middle class New Yorkers to realize they were considered the people “not paying their fair share”, it didn’t dawn on them that they have another 3 ¾ years with this guy in charge. Before some of you start succumbing to another bout of Mandami Derangement Syndrome, let me remind you that a Mayor