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Legislator Kara Hahn visits challenges residents to visit a county park everyday in May as part of her effort to promote Suffolk's green spaces. Photo from Hahn's office

Suffolk residents may not realize it, but the county has enough parkland to explore for an entire 31-day month and then some. Making sure her constituents are fully aware of their outdoor options right in their own backyard has become a mission for Legislator Kara Hahn (D-Setauket).

Legislator Kara Hahn visits challenges residents to visit a county park everyday in May as part of her effort to promote Suffolk’s green spaces. Photo from Hahn’s office

She has been the chair of the Parks & Recreation Committee in Suffolk County since 2016, and upon getting started, said she was excited to start talking about parks. But Hahn didn’t realize how big of a job building awareness was going to be.

“Even in our neighborhood, there were people who had never been to Avalon [Park], people who had never been to the Greenway Trail,” she said. “I couldn’t believe that people didn’t know these things existed.”

In 2017 she kicked off her A Park a Day in May challenge, an initiative designed to get people out and about, visiting one of Suffolk’s dozens of parks to take a selfie and share on social media with the hashtag #APADIM. Hahn said even as the county’s parks chair, in researching and preparing for the now-annual challenge, she encounters green spaces she wasn’t aware of.

“When I became parks chair I said to all of my colleagues, ‘I want to tour all of the parks,’ thinking it was going to be so easy,” she said, adding she was totally mistaken. “It’s awesome.”

Legislator Kara Hahn visits challenges residents to visit a county park everyday in May as part of her effort to promote Suffolk’s green spaces. Photo from Hahn’s office

She said she and her family realized a couple of summers back, after taking a family trip to Cape Cod, they were traveling to enjoy experiences that were similar to what could be done back home.

“There’s so much here,” she said. “What we have here — there is no comparison anywhere else.”

Hahn admitted it would be impossible for her as a legislator to visit 31 different parks on 31 consecutive days, so the selfie’s she posts on a given day in May are sometimes taken previously and involve months of planning. She said getting out and visiting parks also affords her the opportunity to speak with constituents and gauge needs at certain parks, like monitoring ticks and funding for more benches.

In addition to her May initiative, Hahn also spearheaded a parks passport program last summer, which encourages kids to explore county parks and keep track of where they’ve been in a green, replica passport.

To see a full list of Suffolk green spaces and activities available at them — like kayaking, hiking and fishing to name a few — visit www.suffolkcountyny.gov/departments/parks/thingstodo.aspx.

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Port Jefferson Village Hall. File photo by Heidi Sutton

Port Jefferson Village taxpayers will have the opportunity to hear from the three candidates seeking seats on the board of trustees Tuesday,  June 12 at 7 p.m. in the Wayfarer room at Port Jefferson Village Center, located at 101 East Broadway. The candidates at the event, hosted by The Greater Port Jefferson Chamber of Commerce, will give opening and closing statements and take part in a question-and-answer session.

The election will take place June 19 and will feature incumbents Bruce D’Abramo and Bruce Miller as well as challenger Kathianne Snaden.

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Port Jefferson code Chief Wally Tomaszewski. File photo by Elana Glowatz

By Alex Petroski

A Port Jefferson Village fixture for more than 35 years is saying goodbye to his role in the community.

Code Enforcement Chief Wally Tomaszewski is retiring, according to an announcement by Mayor Margot Garant during a public Village Board meeting June 4.

“Chief Tomaszewski came in and he signed a retirement letter today with us,” Garant said. “He is going to be retiring, receiving his compensation for the month of June, and we will be searching for a new chief of the bureau. There’s a lot of change in the department in terms of technology, things that have to happen, and chief, we wish him well. We want to recognize him and retire him in this community for the public service he has provided for us for 35 years. And we mean that sincerely.”

Garant made the announcement when asked by a resident what was going on, as rumors had begun swirling on social media over the weekend about Tomaszewski’s job status and the story behind the departure.

Tomaszewski did not respond to a request for comment.

Community members packed Village Hall for the June meeting to discuss a host of issues, but the larger than normal turnout was likely largely a reflection on rumors about the chief.

“We spoke about this Friday, we shook hands, he came in today and signed his letter,” Garant said.

Several attendees spoke in support of Tomaszewski and asked the board to reconsider accepting the letter.

“I moved here about 50 years ago, and the reason we did was because this was a personal village,” resident Naomi Solo said. “It was a special village, and I think the person that really epitomizes this, besides yourself, was Wally. The loss of Wally is devastating.”

The chief was known for being on call for residents, be it to address noise complaints in the middle of the night or assist the Suffolk County Police Department in certain cases.

“I think you’ll be hard-pressed to find a replacement that’s equivalent to him,” resident Marge McCuen said.

Deputy Code Chief Fred Leute will serve as the acting chief, according to Garant.

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Members of Moms Demand Action for Gun Sense in America held a press conference in Hauppauge June 1 before the illumination of the H. Lee Dennison building to commemorate Gun Violence Awareness Day. Photo by Rita J. Egan

Suffolk County is showing its support for a national movement using light.

On June 1, the H. Lee Dennison Suffolk County headquarters building in Hauppauge was illuminated in orange — the color adopted by activists working to reduce gun violence. The illumination will last until June 5 and began the night before Suffolk County’s Gun Violence Awareness Day. The event was designated to honor the lives of gun violence victims through legislation cosponsored by county legislators Kara Hahn (D-Setauket), Monica Martinez (D-Brentwood), William “Doc” Spencer (D-Centerport) and Presiding Officer DuWayne Gregory (D-Amityville).

The H. Lee Dennison Building in Hauppauge illuminated in orange to commemorate Gun Violence Awareness Day. Photo by Rita J. Egan

Before the initial illumination June 1, members of Moms Demand Action for Gun Sense in America gathered in the building’s lobby for a press conference. Hahn said orange was chosen by high school students in Chicago in 2013 after their friend was murdered because they knew hunters wear orange to prevent being shot by others.

The legislator talked about the day of the Sandy Hook massacre in 2012 when she returned home after visiting with her daughter’s kindergarten class and heard the news. Hahn said the tragedy inspired her to author legislation requiring Suffolk County law enforcement agencies to cross reference the names and addresses of suspects transported to Stony Brook University’s Comprehensive Psychiatric Emergency Program with the county’s pistol license registration. She said the bipartisan legislature unanimously passed the piece of legislation in 2013.

“There is no reason this country can’t have stronger laws,” she said. “We can have the 2nd Amendment, and we can have stronger laws that protect our children.”

Suffolk County Legislator Kara Hahn addresses attendees at a Gun Violence Awareness Day event in Hauppauge June 1. Photo by Rita J. Egan

Moms Demand Action advocate Gemma Saylor discussed the importance of speaking up.

“We all have a voice, and we must use it,” she said. “We have a voice, and we can use it to provide comfort to grieving families. We have a voice, and we can use it to raise awareness about the enormous number of lives taken by gun violence every single year, every single day.”

Shenee Johnson, of Queens, and Paul Guttenberg, of Commack, were in attendance to share their stories of losing loved ones to gun violence. In 2010, Johnson’s 17-year-old son, Kedrick Morrow, was shot and killed at a party. She said while she feels it was once believed gun violence only happened in certain neighborhoods, unfortunately tragedies like Sandy Hook and Parkland have made Americans realize otherwise, and the victims’ families have become one in the fight against gun violence.

“We are the vanguards, we’re on the frontline, and we’re going to do everything we can,” she said, adding no parent should be fearful when dropping his or her child off at school.

“This can happen to anyone and anywhere. This could happen here to us, and it already happened to me.”

— Paul Guttenberg

Guttenberg’s niece Jaime was killed during the Parkland shooting Feb. 14 when a shot from the killer’s AR-15 rifle severed her spinal cord. He detailed the depth of emotion he felt the day of the shooting. At first, Guttenberg said he had hoped his niece had left her phone in a backpack when he first received news his nephew arrived home safe and sound, but his brother and sister-in-law hadn’t heard from Jaime. Later that hope turned into despair when he received the news she was one of the victims who was fatally shot.

“How could this have happened,” he said. “I remember hearing about mass shootings on the news, but you never think you’ll be so affected until you are. This can happen to anyone and anywhere. This could happen here to us, and it already happened to me.”

Guttenberg has spoken at a number of rallies on Long island, and his brother Fred, Jaime’s father, has become an activist for stricter gun legislation.

“Jaime’s murder is now a national tragedy, but for my family it is deeply personal and unsettling,“ Guttenberg said. “We are strong. We are resolute, and we will make Jaime’s memory a blessing.”

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By Linda M. Toga, Esq.

Linda Toga Esq.

THE FACTS: Many of my friends have told me that I should transfer my house to my son and retain a life estate.  

THE QUESTIONS: What are the pros and cons of doing that?

THE ANSWER: People often transfer their property to their children and create life estates because they believe it is the best way to increase their chances of being Medicaid eligible or to avoid probate. In most cases, there are better ways to achieve those goals. 

Before the Medicaid look-back period was changed to five years for all nonexempt transfers, life estates were a very popular part of Medicaid planning. However, since the look-back period is now the same whether you transfer a residence and retain a life estate or put the residence in an irrevocable trust, there is no advantage to creating a life estate when it comes to the look-back period. 

The downside of a life estate from a Medicaid planning perspective is the fact that, if the house is sold during your life time, you are entitled to a portion of the proceeds from the sale. The percentage of the proceeds allocated to you would be governed by life expectancy tables and is surprisingly large. 

For example, if you, as the life tenant, are 80 years old when your $300,000 house is sold, you will be entitled to approximately $130,000 of the proceeds. In the context of a Medicaid application, that $130,000 will be deemed an available resource and may result in a denial of benefits. This is true even if you created the life estate more than five years before you apply for Medicaid. 

If, on the other hand, you transferred the house into an irrevocable trust, even if the house was sold, the proceeds would be fully protected in the trust after the five year look-back period. 

With respect to avoiding probate, if you transfer your house to your son during your lifetime and create a life estate, the house will not be subject to probate when you die, the value of the house will not be included in your gross taxable estate (although the value of the transferred share may be subject to federal gift tax) and you will continue to enjoy any real estate tax exemptions that were applicable to the property before you deeded the house to your son. 

However, if the house is in your son’s name, his creditors can attach liens or judgments to the property. If you create a life estate, you will be required to file a gift tax return reporting the gift of the property to the IRS. 

Finally, by creating a life estate you may be subjecting your son to a capital gains tax liability. That is because your son will not get the step up in basis when you gift him the house that he would get if he inherited your house after your death. 

For example, if you paid $150,000 for the house 20 years ago, your son’s basis in the house if you gifted it to him would be $150,000. If he sells the house after you die, he will have to pay capital gains tax on the increased value of the house. 

If, on the other hand, he inherits the house after your death, he will get a step up and his basis in the house will be the date of death value. Unless he holds on to the house for an extended period of time, it is unlikely that your son will have any capital gains tax liability. 

If your goal in creating a life estate is to avoid probate, a better alternative to a life estate is a revocable trust. Although transferring your house into a revocable trust does not provide protection from estate taxes, it does avoid the need for filing a gift tax return, it protects the house from your son’s creditors and it will allow your son to get a step up in basis when he inherits the house after your death. 

There are clearly many issues to consider when deciding whether a life estate, revocable trust or irrevocable trust offers the best solution for you. The cost of each option is also a consideration. Since creating a life estate can have far-reaching consequences, it is important to discuss your goals and your options with an experienced attorney before taking action. 

Linda M. Toga, Esq. provides personalized service and peace of mind to her clients in the areas of estate planning, real estate, marital agreements and litigation. Visit her website at www.lmtogalaw.com or call 631-444-5605 to schedule a free consultation.

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File photo by Erika Karp

Homeless people living in Suffolk County might soon find a roof over their heads in Port Jefferson Station.

New York Gov. Andrew Cuomo (D) announced May 10 that $25.6 million has been awarded to four housing developments on Long Island to create 239 affordable homes.

There is $8.1 million set aside for construction of six two-story buildings on vacant land off Route 112 in Port Jefferson Station, north of East Grove Street and south of Washington Avenue. Phase One of the project would create 77 units, while a potential second phase would add an additional 31 apartments, according to Brookhaven Councilwoman Valerie Cartright (D-Port Jefferson Station) speaking during a May 22 Port Jefferson Station/Terryville Civic Association meeting. The site plan application for the project was listed as
“in-review” in Brookhaven documents as of April 30, though the property is already properly zoned for the requested use and it doesn’t require any variances, according to town spokesperson Kevin Molloy. The Port Jeff Station project would include 45 units for homeless individuals, half of which would be reserved for veterans, Cartright said.

“Our biggest concern, besides the tax part that they’re not bringing any kind of revenue to our community, is also the amount of kids that may come out of this facility.”

— Sal Pitti

The May 10 announcement ignited a strong reaction from the Port Jefferson Station community both on social media and at the May 22 meeting. Civic association President Sal Pitti said he, Cartright and representatives from Concern for Independent Living Inc., the nonprofit agency seeking to construct the facility, met in March to discuss the potential project, concerns of the community and the agency’s efforts to gain tax exempt status for the project from the state. Cartright and Brookhaven Supervisor Ed Romaine (R) both said May 22 they were caught off guard by the governor’s announcement about the funding.

“As soon as I found out anything about it, I ran into the supervisor’s office asking him what he knew about it and wanted to make sure that I had all the information necessary,” Cartright said. “Immediately afterwards we contacted the civic association … it was news to us as well.”

Pitti said he thought the organization had been less than forthcoming about its plans, suggesting Concern for Independent Living initially didn’t mention the potential second phase, which is also not referenced in Cuomo’s announcement.

“Our biggest concern, besides the tax part that they’re not bringing any kind of revenue to our community, is also the amount of kids that may come out of this facility, because more kids in our school district means more taxes on top of the taxes we’re already paying for that location,” he said.

Elizabeth Lunde, Senior Associate Executive Director for Concern for Independent Living said leadership of the civic association had been invited to visit one of the organizations other facilities, and the invitation remains on the table.

“Concern for Independent Living is a local organization that has been providing quality housing in Suffolk County for decades,” she said in an email. “We were founded in 1972 and our first office was located in Port Jefferson Station. We currently operate over 1,000 units of affordable rental housing that has made a very positive impact in Suffolk and Nassau Counties as well as Brooklyn and the Bronx.”

Several attendees of the May 22 civic meeting expressed displeasure about the project, suggesting Port Jeff Station already has its fair share of facilities for homeless people.

“Homeless families need a place to live — our community is a very giving community.”

— Edward Garboski

“Homeless families need a place to live — our community is a very giving community,” civic association Vice President Edward Garboski said May 22. A resident at the meeting responded, summing up a sentiment seemingly shared by most of the attendees: “We don’t want to be the only community giving.”

The Port Jefferson project is receiving only a small part of more than $200 million the state is awarding to build or preserve more than 2,800 affordable apartments across New York, according to a press
release from Cuomo’s office. The governor called the $200 million investment a “giant step forward to increase access to homes for families, seniors and our most vulnerable men and women across the state.”

RuthAnne Visnauskas, commissioner of New York State Homes and Community Renewal program, said the investment would address the crisis of homelessness among other benefits.

“By delivering affordable homes to Long Island, we continue to grow its economy,” she said in a statement.

Romaine said the town is concerned about the governor’s announcement and suggested other ways he thought the money could be better used. He also instructed concerned residents to start a petition and direct it to Cuomo’s office.

“We’ve been begging the state of New York to give us some money to fix up zombie homes, and to make them available to first time home buyers and veterans,” he said. “We’d like that money going toward that housing, instead of building something new, how about we rebuild some of the neighborhoods that we lost during the Great Recession to foreclosures and zombie houses. How about giving homes to our veterans and first-time home buyers who are leaving the area.”

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Your neighbors as citizen educators and advocates

By Lisa Scott

The League of Women Voters of Suffolk County (LWVSC) has been writing a monthly column in this paper for the past 10 months. We thank Leah Dunaief for giving us this opportunity to share our insights and information with TBR readers (in print and online) and look forward to continuing this league “outreach” to our fellow Suffolk County residents each month. We chose the title “Making Democracy Work” very deliberately, since “Work” refers to both a functioning democracy as well as alluding to the “roll up your sleeve” efforts of the league and all of you as responsible citizens in Suffolk.

LWVSC has no actual members — our local leagues in Brookhaven, the Hamptons, Huntington, Shelter Island and Smithtown are the member organizations. The board meets monthly as we exchange best practices and insights, address challenges and plan joint league activities and visibility, as well as observe and study county government and issues and construct responses on a county level. 

We share, we learn, we argue, we support and we inspire greater league visibility and effectiveness. The league is very much a grassroots organization in which our local community/town leagues are vibrant and active on local issues and study and share state and town issues and insights in order to reach consensus to further action.

The league’s passion and mission focus on voter education (in many forms) as well as advocacy on issues that we’ve studied on all government levels. Our overarching philosophy is being nonpartisan: We never support or oppose candidates or parties. We’re collaborative and have a strong commitment to civil discourse and civic engagement.

We recently held our 50th annual convention, which reflected the activities and events Suffolk local leagues held in the past 12 months. We’d like to share some of these with you in order to celebrate the scope and depth of what the league (your neighbors here in Suffolk County) is able to accomplish.

•We held over 100 voter registration drives and distributed voter registration forms at cooperating retail locations, events, fairs and naturalization ceremonies.

•We sponsored or moderated over 20 candidate debates for school boards and for town and county government offices.

•We work closely with the Suffolk County Board of Elections to better understand election processes and rules, advocate for increased voting accessibility (e.g., early voting, no excuse absentee ballots, etc.) and recently met for an overview of poll worker training. 

•There are numerous strong league youth programs that include a selective Students Inside Albany three-day conference; an annual Student Day at the Suffolk County Legislature; a Running and Winning program for girls; working with Girl Scouts on government and woman suffrage badge requirements; presenting a Vote 18 program for high school seniors; and encouraging schools to contact the Board of Elections for education on the voting machine process (using a sample “ice cream ballot”). We developed and publicized public service audio spots for local colleges and communities to remind people about election day and hours and we worked with youth-led political action groups to create Youth Engaging Youth programs to promote civic engagement.

•We hold lots of public information meetings on a wide range of civic topics ranging from elected officials speaking on topics of concern (e.g., Assembly member/committee chair Steve Englebright on offshore drilling and water issues) to an informational meeting on end-of-life choices and decisions. We invite officials such as town justices or town trustees to explain and discuss their roles; host debates on the NYS constitutional convention referendum; presented a panel on immigration on the south fork of Long Island and hold annual town supervisor meetings to discuss challenges and plans.

•There are celebrations, outings and learning opportunities as well: celebrating the LWVUS’ 98th birthday (we were founded by leaders of the woman suffrage movement in 1920); commemorating NYS woman suffrage in 1918 with multiple events, programs and speakers; holding Community Conversation lunches to informally engage with local leaders; organizing tours of less-known communities and sites in our own areas and co-sponsoring films and reading books with panels and discussions.

The public knows the league for debates, voter registration drives and observing at and speaking before local and county government. We’re particularly proud of our annual Directory of Public Officials and the election/voter information available from our website and phones. Learn more about us, help us further achieve our mission to educate and advocate in Suffolk County, join us and support us. Make Democracy Work!

Lisa Scott is president of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org, email [email protected] or call 631-862-6860.

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Suffolk County Executive Steve Bellone. File photo by Alex Petroski

In his annual State of the County address, Suffolk County Executive Steve Bellone (D) touted recent initiatives while also keeping an eye on both the near and distant future. The executive spoke for more than an hour from the auditorium stage at Newfield High School in Selden in front of a crowd of county, town and village lawmakers, students and others.

“I can tell you that the state of Suffolk County — this amazing place that we all call home — is strong,” Bellone said. “I remain committed to making Suffolk County a model for effective and efficient government, a government that is as good as the people it is there to represent.  We can build a stronger economic future, we can protect our water quality, we can transform this government, and we can do big things in Suffolk County and on Long Island if we do them together.”

Though he admitted the state of the county government, “remains a work in progress,” Bellone called on both political parties to look past the issues that divide them and remember the things that unite Americans. He honored the four Suffolk County native airmen of the 106th Rescue Wing, based out of Westhampton, who died as a result of a helicopter crash while carrying out a mission in Iraq in March, including Commack resident Master Sgt. Christopher Raguso and Port Jefferson Station resident Staff Sgt. Dashan Briggs.

“These are the individuals that make our country great,” Bellone said.

The executive spent a large chunk of his speech on public safety and the work of the Suffolk County Police Department, specifically a decreasing rate of opioid related overdoses and violent crime and reported that last year 222 arrests were made in connection with the violent gang MS-13.

While discussing public safety, Bellone detailed the recently implemented SHARE initiative. The program — Sharing to Help Access Remote Entry — allows participating school districts to connect closed circuit security camera systems directly to SCPD, who can access surveillance footage in real time in the event of active shooter situations on school campuses.

He gave a nod to the students locally and across the country organizing marches and walkouts to protest for stricter gun control laws in the wake of more high-casualty school shooting incidents around the U.S.

“It has been inspiring to see young people speak out on issues, organize rallies, run for school board and demand more of their elected officials,” he said. “Your voices will be heard.”

The county executive made numerous references to the state of government and politics in Washington D.C., specifically in making a pledge that he and his colleagues “will not rest” until the State and Local Tax deduction, which was repealed as part of the federal tax overhaul bill passed in 2017, were restored. The elimination of the deduction stands to cost residents in high-property tax areas — like Suffolk County — thousands of dollars more than previous years.

Bellone stressed the importance of economic development through downtown revitalization projects — like upper Port Jefferson’s “Uptown Funk” plan — and streamlining public transportation around these hubs as a means to foster an environment in which young people can afford to live in Suffolk County going forward through the creation of quality jobs.

“We spend a lot of money educating our kids here,” the county executive said. “Too many of them have left for other parts of the country, where they are helping to power their regional economies. We have to stop that.”

Bellone called water quality a critical issue for all Suffolk County residents. The county has made funding available for septic system improvements for homeowners, which would help reduce the amount of nitrogen polluting Long Island’s waterways. He also recently implemented a recycling program for six county school districts.

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An artistic rendering of the proposed Elwood Orchard. Graphic from Villadom Corp

By Sara-Megan Walsh

Town of Huntington officials announced Thursday afternoon that Villadom Corp. has officially withdrawn its application for the proposed Elwood Orchard.

Huntington town officials received a May 17 letter from, Syndicated Ventures, LLC, the applicant for the proposed Villadom development project, indicating that it was withdrawing its request for a change of zoning application from R-40 to C-5 and C-6 in order to construct a more than 480,000 square-foot commercial development on Jericho Turnpike, according to town spokeswoman Lauren Lembo.

Lembo said as the developer has completely withdrawn the application the May 17 hearing is officially cancelled.

The announcement came a few hours after Huntington Councilman Ed Smythe (R) put out a statement challenging the legality of Huntington Supervisor Chad Lupinacci’s (R) decision to adjourn the May 17 hearing on Villadom Corp’s proposed mixed-use commercial development Elwood Orchard to be constructed on Jericho Turnpike. Smythe said the hearing’s adjournment would require a vote by the town board.

“The Villadom public hearing is going forward today as scheduled unless the applicant withdraws it, gets a court-ordered stay, or finds three council members to vote to adjourn it,” he said in a statement.

At approximately 2:30 p.m. May 16, Lembo sent out an urgent notice that the May 17 hearing was being adjourned after the applicant for the proposed Villadom development project, sent correspondence to the town at 1:10 p.m. indicating an interest in amending their application.

“In light of the new information received by the Town, the May 17 public hearings on the Villadom project must be adjourned,” Lupinacci said. “The hearings may only be rescheduled to a later date at the discretion of the Town Board.”

Lembo said the that the town attorney was consulted regarding the legality of dismissing the public hearing before the announcement was made.

Mark Smith, a spokesman for Villadom said that based on many discussions with civic representatives as well as modifications that were suggested by the town’s planning board, the developer sat down with interested community members and decided the best course of action at this time was amend the application.

“It is our hope that through continued communication and community outreach we will come together to put forward a proposal for Elwood Orchard that will greatly benefit the community and the local economy,” Smith said.

Smith would not immediately share details on who or what groups Villadom Corp. met with that have led to this change.

Members of the Stop the Villadom Facebook group were discussing plans to continue their planned rally against the Elwood Orchard project at Elwood Middle School, even after the announcement was made the hearing would be adjourned.

 

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Creating an estate plan can give you the peace of mind you need. Stock photo

By Nancy Burner, ESQ.

Nancy Burner, Esq.

Planning for the future can sometimes be difficult. Creating an estate plan can give you the peace of mind you need, while also making it easier for your loved ones to handle your affairs when you die. We often find that while our clients understand the basics of certain estate planning documents, they are often surprised to see that many of these documents are multifaceted and serve multiple purposes.

A last will and testament is a legal document memorializing your wishes on how you, the testator or creator of the will, want your estate to be distributed after you die. If you die without a will, your assets will be distributed according to state statute, also known as the laws of intestacy.  

For example, in New York State, if you die with a surviving spouse and children, your spouse will receive the first $50,000 of your estate and then one-half of the balance. The remainder will be distributed equally among your children. This is not ideal for someone who wants all their assets to go to their surviving spouse.   

Instead of being bound by the laws of intestacy, one can create a will that specifies to whom they want their assets to go and how they want their assets to be distributed. Under the scenario above, a will would allow the testator to distribute their assets to their surviving spouse. Only if the spouse predeceases the testator should the assets be distributed to their children.

The will has functions other than just listing the distribution of assets upon death. For parents with young children, a will allows a guardian to be named for minor children. Also, if there are beneficiaries that are minors or incapacitated, the will can provide that the assets be distributed in trusts on behalf of those beneficiaries. 

Many clients will choose to leave assets to beneficiaries in trusts in other circumstances, such as for creditor protection or to delay the age by which they can have full access to the funds. 

A will can also create a supplemental needs trust for beneficiaries who currently receive, or may be in need of, means-tested government benefits.  

Another advantage of executing a will is that it allows the creator to waive any bond that the executor would otherwise have to pay in order to administer the estate. A bond is often required by the court to protect the interests of the distributees and beneficiaries of one’s estate.  

Depending on the size of the estate, the bond may have a large annual premium that will be paid out of the assets of the estate. A will can also provide for the decedent’s wishes regarding funeral arrangements and cremation.

It is important to have a will even for individuals who hold all accounts jointly with another person. While the joint assets will go directly to the co-owner, the terms of the will can be used to administer any assets that are held outside of the joint accounts. An estate account will have to be opened to cash any checks delivered after death that are made payable to the decedent, including tax refunds or a return of other funds. Having a will ensures that these funds are distributed to the appropriate persons.  

Creating a last will and testament can help avoid many of the pitfalls that occur when a person dies without any estate plan in place. We strongly recommend seeking a trust and estates and elder law professional to help determine the right estate plan for you.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

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