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Decanting from Irrevocable Trusts

Published in Trusts & Estates Magazine
Article | July 2011

Beth Tractenberg, a partner in the firm’s Trusts and Estates Practice, authored an article that appeared in Trusts & Estates on July 27, 2011, titled, “Decanting from Irrevocable Trusts.” The article describes how, as Ms. Tractenberg notes, “New York was the first state to allow the effective 'rewriting' of an irrevocable trust by permitting trust assets to be 'appointed' or 'decanted' to another trust when it enacted EPTL Section 10-6.6 in 1992 The New York legislature has now modernized and expanded New York’s statute to allow decanting under a broader range of circumstances.” Thus far, the bill has passed the New York State Assembly and Senate, and Governor Andrew Cuomo is expected to sign it into law shortly.

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