Katz Chwat, P.C.

10/07/2026

Transferring a Vehicle Into a Revocable Living Trust in New York
If you have a vehicle and a revocable living trust, transferring the vehicle into the trust isn't simply a matter of changing the name on the title. New York DMV has specific requirements for transferring a vehicle to a revocable living trust.

Who Is Who? First, it helps to understand the terminology: Settlor — the person who creates the trust. Trustee(s) — the person or people who manage the trust property. Trust document — the document that establishes the trust. The settlor can also be a trustee, but under the DMVs requirements, the settlor cannot be the only trustee. When a vehicle is transferred to a revocable living trust, the settlor becomes the new owner of the vehicle for DMV purposes.

Step 1: Complete the Transfer Documents
The owner and settlor must complete Form DTF-802 — Statement of Transaction. If the current owner and settlor are the same person, the transaction is treated as a gift and the appropriate section of DTF-802 must be completed. The current owner must also complete the seller section on the back of the title and sign the title as the seller.

Step 2: Complete the New Title Correctly
The settlor must complete the required odometer and damage disclosure statements on the back of the title. The settlor then signs the buyer section using their full name and prints settlor after their name. This is an important detail because the title needs to properly reflect the trust-related transfer.

Step 3: Update the Insurance
New insurance identification cards are required. The insurance identification cards must identify both the trust and the settlor using the required designations: TST = Trust. STL = Settlor. This is something to coordinate with your insurance agent or insurance company before going to the DMV.

Step 4: Get New Registration and Plates
The previous owners registration and license plates cannot simply be transferred to the settlor. The settlor must apply for: A new vehicle registration, new vehicle plates, and anew title certificate. The previous owner must transfer or surrender the existing plates as required.

Step 5: Bring the Required Documents to DMV
The settlor must provide the DMV with the required documentation, including: DTF-802 — Statement of Transaction, Insurance identification card identifying the trust and settlor, MV-82 — Vehicle Registration/Title Application, and the trust document. The trust document must: Identify the trust as a revocable living trust, show the name of the trust, identify the settlor, identify the trustee(s), include the settlors Social Security number, when applicable. If the settlors Social Security number isn't available, the DMV allows identification using a New York State drivers license, permit, or Non-Driver ID number. It's a good idea to review the DMV requirements carefully and coordinate the title, insurance, and trust document before making the transfer.

Contact Katz Chwat, P.C. to further discuss.

10/02/2026

If you own a business or investment property through a Limited Liability Company (LLC), you may already have an estate plan in place to protect your assets and provide for your family. But have you considered what happens to your LLC if you become incapacitated or pass away?

One estate planning strategy to consider is transferring your LLC ownership interest into a trust. When properly structured, this can combine the benefits of LLC ownership with the advantages of trust-based estate planning.

An LLC is designed to provide liability protection to its members while offering flexibility in how the business is managed and taxed. For many business owners and real estate investors, an LLC is an important part of their overall asset-protection strategy. A living trust, meanwhile, allows a grantor to designate a trustee to manage trust assets during the grantor's lifetime and distribute those assets according to the grantor's instructions.

When an LLC is properly transferred to a trust, several potential estate-planning benefits may follow:

1. Business continuity
If you become incapacitated or pass away unexpectedly, having your LLC owned by a properly structured trust can help provide a clear framework for who has authority to manage the LLC. This can help avoid uncertainty or a disruption in business operations during a difficult transition.

2. Avoiding probate
Assets properly held in a trust generally pass according to the terms of the trust rather than through the probate process.
For a business owner, avoiding a delay in the transfer of ownership can be particularly important. A business may need someone with immediate authority to make decisions, pay expenses, manage property, and keep operations moving.

3. Greater privacy
Probate proceedings are generally a matter of public record. Depending on the circumstances, this can expose information about an estate and its assets.
Trust administration is generally more private, which may provide an additional layer of confidentiality regarding the ownership and eventual distribution of an LLC interest.

Before transferring an LLC into a trust, it is important to review the LLC's operating agreement and governing documents. For a multi-member LLC, the consent of other members may also be required.

The process may involve:
Reviewing the LLC's operating agreement and ownership restrictions
Determining the appropriate type of trust
Executing an assignment of the LLC membership interest
Updating relevant LLC records and documents
Coordinating the LLC transfer with the rest of your estate plan

Proper planning matters. A trust is not simply a document you sign—it needs to be properly funded and coordinated with your other assets and legal documents. If you own an LLC that holds a business, investment property, or other valuable assets, your LLC should be considered as part of your overall estate plan. Contact Katz Chwat, P.C. to further discuss.

10/01/2026

September was a hit!

Looking to connect with other young professionals who are in a similar stage of their career and life?

Next Gen Professionals Network is designed to bring emerging professionals together to connect, collaborate and grow all while building relationships with people who share similar experiences, interests and goals.

Our September event was a great opportunity to meet new people, enjoy some conversation and make meaningful connections. 🥂

Interested in getting involved? Reach out to Alyssa Danziger at [email protected] to learn more about the group and upcoming events!

09/24/2026

New York State has recently implemented a new amnesty program for taxpayers who have outstanding sales and use tax liabilities. The Penalty and Interest Discount (PAID) program identifies taxpayers who can save 50% of the interest, and 100% of penalties owed on eligible bills, as long as the reduced total is paid by December 31, 2026.

The New York State Department of Taxation and Finance is currently in the process of contacting eligible taxpayers who qualify for the program. Eligible bills include those that are outstanding as of September 1, 2026, and for which formal appeal rights have expired.

For additional information, please contact us at Katz Chwat, P.C.

See the full NYS posting here: https://www.tax.ny.gov/enforcement/paid.htm

09/18/2026

09/17/2026

We've made some updates! Check out our new website here:

www.katzchwat.com

09/16/2026

Congratulations to Denise Campisi on 20 years with Katz Chwat, P.C.!

We are incredibly grateful for Denise’s years of dedication, hard work, and commitment to our firm.

09/15/2026

Joint Ownership of Real Property in New York: What Every Co-Owner Should Know

Buying real estate with another person can be a great way to purchase a home or investment property. But how you take title matters.

In New York, the form of ownership you choose can affect your rights during ownership, your ability to transfer your interest, and what happens to the property when you die.

There are three primary forms of concurrent ownership:
1. Tenancy in Common
Tenancy in common is a common form of co-ownership. Each owner holds an individual ownership interest in the property. One important feature is that a tenant in common can generally transfer their share during their lifetime or leave it to someone through a will. If the owner dies without a will, their interest passes according to New York's laws of intestacy. A co-owner can also mortgage their own interest, but cannot sell or transfer another co-owner's share without authorization. Tenants in common generally have equal rights to possess and use the entire property, even when their ownership percentages differ.

2. Joint Tenancy With Right of Survivorship
Joint tenancy operates differently. When property is held as a joint tenancy with right of survivorship, the death of one joint tenant generally results in the surviving joint tenant(s) acquiring the deceased owner's interest automatically. This can allow property to pass outside of probate. Because the legal consequences are significant, the language used in the deed is extremely important. The document should clearly express the intention to create a joint tenancy with a right of survivorship rather than a tenancy in common.

3. Tenancy by the Entirety
Tenancy by the entirety is a form of ownership available to married couples.
In New York, when spouses take title as tenants by the entirety, each spouse has rights in the entire property, with a right of survivorship. If one spouse dies, the surviving spouse generally becomes the sole owner of the property.

There are also important implications when one spouse attempts to transfer or mortgage their interest. A third party's interest may depend on which spouse survives.

Why Does the Form of Ownership Matter?
The way a deed is drafted can have major consequences for:
- Who has the right to use and possess the property
- Whether an owner's interest can be transferred
- What happens to the property after an owner's death
- Whether an interest passes through probate
- The rights of a surviving spouse
- The ability to mortgage or otherwise encumber an ownership interest

Bottom line: Don't treat the language on a deed as boilerplate.
Before purchasing property with another person—or changing the ownership of property you already own—it's important to understand exactly what form of ownership is being created and what that ownership means for your particular situation.

If you have questions about a deed after a loved one passed away, contact Katz Chwat, P.C. for more information.

06/24/2026

Why You Should Never Remove the Staples from an Original Will

Many people are surprised to learn that something as simple as removing the staples from an original Will can create complications during the probate process in New York.

When an original Will is submitted to the Surrogate's Court, the Court does not simply review the contents of the document. It also examines the physical condition of the Will, including whether it is stapled, whether there are staple holes, and whether there are any indications that pages may have been removed or rearranged.

If the Court determines that a Will was unstapled at some point, it may require what is commonly known as a Staples Affidavit. This affidavit is intended to explain why the staples were removed, who removed them, and what happened to the document while it was out of its original condition.

For example, if a family member removed the staples to make photocopies, that person may need to provide a sworn statement confirming that all pages remained intact and that no additions, deletions, or alterations were made. If the Will was delivered to a law office and someone there removed the staples, the Court may require an affidavit from that individual as well. In some cases, multiple affidavits may be necessary to establish the chain of custody and demonstrate that the document was not tampered with.

The purpose of the Staples Affidavit is to overcome any concern that pages were removed, substituted, or altered after the Will was executed. While the issue can often be resolved, it can result in additional paperwork, delays, and unnecessary expense during the probate process.

The lesson is simple: if you come into possession of an original Will, resist the urge to remove the staples—even if your intention is only to make copies or scan the document. Preserving the Will in its exact original condition can help avoid questions from the Court and make the probate process much smoother for your loved ones.