Trusts & Estate Law

We prepare wills, create estate planning documents, represent fiduciaries in the administration of an estate after death and litigate in the Surrogate's Courts.

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Wills and Estate Planning

My practice includes all estate planning services from simple wills to sophisticated estates. We draft trusts and create other planning techniques designed to reduce or eliminate federal and/or state inheritance taxation. We explain and provide irrevocable life insurance trusts, qualified personal residence trusts, grantor retained annuity trusts, grantor retained uni-trusts, charitable remainder trusts, as well as other types of trust and estate planning vehicles.

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Estate and Trust Administration (Probate)

In the Estate Administration area we typically probate the will, seek to have a person named the administrator of an estate where there is no will and represent the executors and administrators in connection with their administration of the estate and/or trust. It is common for us to represent fiduciaries in connection with the sale of cooperatives, condominiums and real property owned by the decedent prior to death.

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Taxation

We prepare all income and estate tax returns for the decedent, the estate of a decedent and trusts as well as all the accounting documents required of a fiduciary. I handle the estate from beginning to end so that when the estate closes the beneficiaries have released the responsible executor, administrator and/or trustee from any further obligation or responsibility.

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Estate Litigation

We handle will contests, pre-objection discovery of the validity of a will, accounting issues, turnover proceedings, contempt proceedings as well as all other types of miscellaneous proceedings in the Surrogate’s Court both prosecuting and defending in those matters. We partner with litigation counsel in these matters if trial is expected or anticipated.

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Guardianship Litigation

We represent clients in connection with requests for guardianship of a person who is alleged to be incapacitated and in need of supervision or assistance as well as involuntary commitment proceedings in the Supreme Court.

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Health Care

We advise and prepare health care proxies and health care decisions declarations (living wills).

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Powers of Attorney

We advise and prepare documents designating agents for purposes of financial decisions including general durable powers of attorney.

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Heirship Proceedings

When someone dies without a will and with no close relatives there are often opportunities to claim assets of an estate by the heirs all the way down to the first cousins of the deceased. We bring proceedings for the determination of heirs in Surrogate’s Court and represent the alleged heirs before court attorney referees at hearings to determine who is entitled to the estate.

Training & Experience

Education

University of North Carolina at Chapel Hill
B.S. Bus. Admin. 1975

Legal Education

Wake Forest University School of Law
J.D. 1979
Emory University School of Law
L.L.M. (Tax) 1983

Bar Administration

North Carolina
1979
New York
1986
New Jersey
1987

Professional Organizations & Activities

Pro Bono Volunteer, New York County Surrogate’s Court, Article 17A Guardianship Proceedings
New York State Bar Association - Trusts and Estates Section
Association of the Bar of the City of New York
American Bar Association - Trusts and Estates Section

AWARDS

New York State Bar Association Award
Empire State Counsel — 50 or more hours of pro bono legal service to the poor
January 2009
NEW YORK STATE BAR ASSOCIATION AWARD
Empire State Counsel — 50 or more hours of pro bono legal service to the poor
JANUARY 2006
CERTIFICATE OF APPRECIATION
Lawyers Fund for Client Protection — Certificate of Appreciation for public service on behalf of the administration of justice, the protection of law clients and the integrity of the profession
APRIL 1996

Publications

Bruce M. DiCicco is published in industry periodicals that include the New York Law Journal and Estate Planning magazine.

“The Law of Guardianship and Involuntary Admissions After Kendra’s Law”
New York State Bar Journal
“Health, Education, Maintenance, Support: How to Avoid Distribution Problems”
New York Law Journal - Outside Counsel
“Dishonesty as Grounds to Deny Qualification or Remove a Fiduciary”
New York Law Journal - Outside Counsel
View more
“Improvidence as a Ground to Challenge Qualification or Remove a Fiduciary”
New York Law Journal - Outside Counsel
“The Fiduciary Duty to Account”
New York Law Journal - Outside Counsel
“Inheritance by Wrongdoers in Victim’s Estates”
New York Law Journal - Outside Counsel
“Control of the FLP: Is the Client a Safe Choice?”
Estate Planning Magazine
“Continuous Treatment Doctrine Applied to Estate Planner”
New York Law Journal
“Priority Of Creditor Claims Against Estates”
Trusts and Estates Law Section Newsletter, New York State Bar Association
“Departing from Terms of a Trust – Doctrine of Equitable Deviation Comes Into Play”
New York Law Journal – Trusts and Estates Section
“Is an Executors Power of Sale Absolute?”
New York Law Journal – Outside Counsel
“Court Denies Retroactive Effect to Unitrust Statute”
New York Law Journal – Outside Counsel
“The Unitrust Approach to Calculating Income” with Vaughn M. Weimer
New York Law Journal – Outside Counsel
“Portfolio Options Explained for New York Trusts with Vaughn Weimer”
New York Law Journal – Outside Counsel
“Charitable Remainder Trusts”
Handball Magazine, Tucson, Arizona
“Estate Planning Overview”
National Conference of the Christian Legal Society, Snowbird Utah

Contact

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