20 | New Year 2022 | BAEC Bulletin Death & Taxes
Web Surrogate is Back Online Public access to Surrogate’s Court files is now available using the link: https://websurrogtes.nycourts.gov/. Access is limited to documents filed after February 19, 2014. Documents filed before that date are only accessible on the public computers at the courthouse. When Web Surrogate was first tried, we complained that it permitted public access to financial documents such as accountings. It now appears that financial information, such as accountings, is no longer accessible on-line. We tried accessing some accountings we have filed, and could not pull them up on-line. Accountings do show as being in the file. So, someone interested in an estate’s finances could learn that there is an accounting in the file, and could then access that information by means of the public computers at the Courthouse. Uniform Rule 207.64 requires parties to omit or redact Confidential Personal Information such as taxpayer ID numbers or Social Security numbers, credit card numbers, bank account numbers or credit card numbers, in filings other than an application for Voluntary Administration. The Court may sua sponte remove CPI or return the papers to the filer to redact. Some Felons May Now be Fiduciaries SCPA 707 has been amended to remove the blanket prohibition against felons serving as fiduciaries. Now, persons who may be ineligible to receive Letters in the Court’s discretion include “an individual convicted of a felony whose crime may be adverse to the welfare of the estate, including but not limited to, crimes such as embezzlement or any crime where there was a misappropriation of money or a breach of fiduciary duty.” Thus, for instance, a drug conviction will not disqualify the felon from being an executor. That amendment to SCPA 707 became effective October 22, 2021. Estate Taxes As we write this column, it appears that the President’s Build Back Better bill is dead due to Senator Manchin’s announcement that he cannot support the bill. Therefore, many of the estate tax changes which were originally floated earlier in the year will not happen. Here is a quick summary of some of the more important non- changes: Income Tax Rates: No change to the 37% top tax rate on ordinary income or 20% top tax rate on long-term capital gains and qualified dividends.
PETER J. BREVORKA Partner, Brevorka Law Firm, P.C.
JILLIAN E. BREVORKA Partner, Brevorka Law Firm, P.C.
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