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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…

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…

Daniel R. Miller Named to Super Lawyers 2020 Rising Stars
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…

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

What is an Ancillary Probate or Ancillary Administration Proceeding?
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…

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