Schwartsman Law Group PLLC

Schwartsman Law Group PLLC We are experts in Trusts and Estates law in New York.

We assist with estate planning, estate administration, probate, beneficiary representation, judicial accountings and business succession planning

11/08/2025

We are looking to hire a paralegal to join our Trusts and Estates family. Please reach out if you are interested in becoming a member of a dynamic and growing estate planning, administration and litigation team. 212 518 3868.
This is an in-office job.
We are looking forward to meeting you!

01/22/2025

Should You Name One Child as Your Executor?

Here’s What You Need to Know

Naming one of your children as the executor of your will can seem like a logical decision, but it has the potential to create tension or conflict within your family after you’re gone. The executor is responsible for carrying out your wishes, managing your estate, and handling any legal or financial matters, so it’s an important role. But how can you make the right choice without stirring up family drama?

Why Choosing an Executor Can Be Sensitive
Your children may interpret your decision as favoritism, even if it’s not. If you choose one child, others might feel excluded or question the executor’s decisions. This is especially true if there are pre-existing sibling rivalries or if the estate distribution isn’t equal.

On the other hand, the child you name as executor could feel overwhelmed or unprepared for the responsibility, especially if they don’t have the financial or legal knowledge to manage an estate effectively.

Tips to Minimize Conflict
To avoid unnecessary family tension, consider these steps:

✅ Communicate Your Decision Early
Explain your reasoning to your children while you’re still alive. This transparency can prevent misunderstandings later. For example, you might choose the child who lives closest, has financial expertise, or is most organized—not because they’re your “favorite.”

✅ Base Your Decision on Ability, Not Birth Order
Pick someone who can handle the duties of an executor, which include managing assets, paying off debts, filing taxes, and distributing inheritances. Don’t feel obligated to choose the eldest child if they’re not the best fit for the job.

✅ Consider Co-Executors
If you’re worried about fairness, you can appoint co-executors, such as two or more children. This can work well if they’re able to cooperate. However, keep in mind that it may slow down decision-making and create logistical challenges.

✅ Consult a Professional Executor
If family dynamics are complex or you want to avoid potential conflict altogether, consider appointing a neutral third party, like an attorney, financial advisor, or corporate trustee, to act as executor. They can manage the estate impartially and ensure your wishes are carried out fairly.

✅ Plan Thoroughly and Clearly
A well-structured estate plan can prevent confusion and disputes. Use clear language in your will and consider using a trust to distribute assets more smoothly. The more detailed your plan, the fewer opportunities for disagreements.

The Bottom Line

Naming one child as your executor doesn’t have to create conflict if you handle the decision thoughtfully and communicate openly with your family. The role of executor is a serious responsibility, and selecting the right person ensures your estate is managed according to your wishes, while also protecting family relationships.

Need help making this decision or structuring your estate plan? Reach out for professional guidance and peace of mind.

🌍💼 Estate Taxes for Non-Resident Aliens (NRAs): What You Need to KnowIf you're a foreign citizen with assets in the U.S....
01/20/2025

🌍💼 Estate Taxes for Non-Resident Aliens (NRAs): What You Need to Know

If you're a foreign citizen with assets in the U.S., understanding estate tax rules is critical for protecting your wealth. Here's a quick breakdown:

✅ Taxable U.S. Assets: Real estate, stocks in U.S. companies, and other U.S.-based property are subject to estate taxes.
✅ Exemption Limits: Unlike U.S. citizens, NRAs only get a $60,000 estate tax exemption (far less than the $13.61 million for citizens).
✅ Tax Rates: Estate tax rates for NRAs range from 18% to 40%, depending on the value of the U.S.-based assets.
✅ Treaties Can Help: Some countries have tax treaties with the U.S. that provide higher exemptions or lower rates.

Planning Ahead is Key: U.S. trusts and other estate planning tools can help minimize taxes and ensure your legacy is preserved. Reach out to learn how to protect your wealth effectively!

🌍💼 Attention Foreign Citizens: Unlock U.S. Trust Opportunities!New tax and foreign policies are creating powerful advant...
01/20/2025

🌍💼 Attention Foreign Citizens: Unlock U.S. Trust Opportunities!

New tax and foreign policies are creating powerful advantages for protecting and growing your wealth:
✅ Higher tax exemptions mean better wealth transfer options.
✅ U.S. trusts offer unmatched asset protection.
✅ Favorable investment policies make trusts even more appealing.

Don’t wait—secure your legacy and take advantage of these changes. The time to plan is NOW! Message us to learn more.

Protect Your Home from Nursing Home CostsWorried about losing your home to   expenses? A   Asset Protection Trust (MAPT)...
01/20/2025

Protect Your Home from Nursing Home Costs

Worried about losing your home to expenses? A Asset Protection Trust (MAPT) could be the solution. By transferring your home into this :

✅ Your home is shielded from being used to pay for long-term care costs.
✅ You can still live in and control your home while protecting it for your loved ones.
✅ You avoid costly spend-downs and preserve your legacy.

Don’t wait until it’s too late—early planning is key. Contact us today to secure your home and your family’s future!

Protect Your Family’s Future with a  If you own a home and have    children, creating a   trust can secure their future ...
01/20/2025

Protect Your Family’s Future with a

If you own a home and have children, creating a trust can secure their future without jeopardizing essential benefits like Medicaid or SSI. By placing your home in a trust, you:

✅ Protect your child's eligibility for critical benefits.
✅ Ensure your home and other assets are managed wisely for their long-term care.
✅ Provide peace of mind knowing your wishes will be honored.

Planning today means security tomorrow. Reach out to learn how a trust can make all the difference for your family. Your child’s future deserves it!

01/11/2025
To BOIR or not, that is the question in light of the latest court decision. Stay tuned for an in-depth discussion coming...
01/01/2025

To BOIR or not, that is the question in light of the latest court decision. Stay tuned for an in-depth discussion coming up shortly!

FinCEN has prepared the following Frequently Asked Questions (FAQs) in response to inquiries received relating to the Beneficial Ownership Information Reporting Rule and Beneficial Ownership Information Access and Safeguards Rule.

A heartfelt Thank You is all I can say to this wonderful review from a client. It is my honor and privilege to be your  ...
12/22/2024

A heartfelt Thank You is all I can say to this wonderful review from a client. It is my honor and privilege to be your attorney.

12/19/2024

Honorable Judge Peter Kelly of the Queens County Surrogate's Court, last calendar call while acting as a full time Surrogate. What an honor and privilege to be in his Court! He will be missed greatly!

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