Estate Planning

Protecting What Matters at Every Life Stage

Planning for the future is one of the most important steps you can take to protect your family, your assets, and your legacy. At our firm, we provide thoughtful and personalized estate planning services tailored to your needs—whether you’re preparing your first Will, establishing a Trust, or ensuring your wishes are respected during illness or incapacity.

Estate planning is the process of organizing your legal and financial affairs to safeguard your assets, provide for your loved ones, and ensure your preferences are honored—both during your lifetime and after your death. It’s more than just drafting a Will. it’s about creating a plan that gives you control, minimizes uncertainty, and avoids unnecessary court involvement.

We help individuals create legally sound, comprehensive plans that:
  • Direct who inherits your property
  • Appoint trusted individuals to make decisions if you become incapacitated
  • Prevent court delays and minimize family disputes
  • Protect your business, real estate, and financial interests in emergencies

We understand that estate planning is a deeply personal journey—one that balances both caring for your loved ones and protecting what you've worked so hard to build. By creating a thoughtful plan today, you're providing invaluable guidance and support for your family when they'll need it most.

Our estate planning services include

Wills

New York wills require execution with two witnesses and typically notarization, directing asset distribution after death through mandatory probate in the Surrogate’s Court system. Wills offer straightforward, cost-effective creation while providing the essential ability to name guardians for minor children and serving as a catch-all for undesignated assets. However, all will-based assets must undergo New York’s probate process, which creates public records and typically requires several months to over a year for completion, often resulting in substantial court costs and delayed distributions to beneficiaries.​​​​​​​​​​​​​​​​

Trusts

Trusts establish robust frameworks that operate during your lifetime and continue seamlessly after death without court intervention, completely avoiding New York’s probate process while maintaining full privacy of estate affairs. They provide immediate incapacity protection and enable sophisticated multi-generational asset management and distribution strategies. However, trusts demand more complex initial setup and ongoing administration, cannot nominate guardians for minor children, and require proper funding through asset transfers to function effectively. Trusts also involve periodic tax filings and administrative oversight that can be managed with proper professional guidance.

Revocable vs. Irrevocable Trusts

Revocable trusts (living trusts) maintain complete grantor control during lifetime, allowing modifications, beneficiary changes, asset additions or removals, and complete revocation. Grantors typically serve as initial trustees, managing assets as personal property. These trusts provide probate avoidance and seamless incapacity planning through successor trustees who can immediately assume control without court intervention, with assets passing directly to beneficiaries upon death. However, revocable trusts offer no lifetime tax advantages since grantors retain control, with trust income reported on personal returns and assets remaining in the taxable estate.
Irrevocable trusts require permanent relinquishment of asset control, with terms generally unmodifiable. This control sacrifice can yield tax and asset protection benefits, removing transferred assets from taxable estates and potentially saving New York estate taxes while creating separate taxpayer status. Irrevocable trusts offer planning opportunities unavailable through revocable structures.

Testamentary Trusts

Testamentary trusts are created within wills and become effective only upon death, requiring probate administration through New York Surrogate’s Court. While these trusts must undergo the public probate process, they enable sophisticated post-death asset management and distribution strategies, particularly valuable for minor children or beneficiaries requiring long-term financial oversight. Testamentary trusts can incorporate age-based distributions, educational incentives, and protective provisions while avoiding the complexity and cost of lifetime trust administration.

Trust Strategies

New York’s Medicaid Asset Protection Trust (MAPT) enables asset protection while potentially maintaining Medicaid long-term care eligibility through irrevocable trust structures - particularly valuable given the state’s high care costs. Assets transferred to MAPTs are removed from Medicaid eligibility calculations after the five-year look-back period, with trusts designed to provide grantor income while protecting principal from Medicaid recovery. This powerful planning tool requires careful timing and professional guidance to navigate New York’s complex Medicaid regulations.
Special needs trusts in New York include first-party and third-party structures providing for disabled individuals without affecting SSI and Medicaid eligibility. Third-party trusts funded by family members can last the beneficiary’s lifetime, providing supplemental support for recreation, education, and comfort items enhancing quality of life. First-party trusts established with disabled individuals’ assets must include Medicaid payback provisions upon death, with New York’s specific requirements making professional drafting essential for compliance and benefit preservation.

Healthcare Proxy

A healthcare proxy allows you to designate a trusted individual to make medical decisions when you cannot communicate your wishes due to illness or incapacity. This legal document becomes effective only when your attending physician determines you lack decision-making capacity, ensuring your chosen agent can advocate for your healthcare preferences including treatment options, surgical procedures, and end-of-life care. The healthcare proxy takes precedence over family members’ opinions and provides healthcare providers with clear legal authority to discuss your condition and treatment with your designated agent. New York law requires specific witnessing requirements and allows you to include written instructions about your healthcare preferences, though the proxy agent retains flexibility to make decisions based on your best interests and previously expressed wishes.

Living Will

A living will specifies your preferences for end-of-life medical treatment when you are terminally ill, permanently unconscious, or in a persistent vegetative state and cannot communicate your wishes. This advance directive addresses life-sustaining treatments including when recovery is not expected. The living will allows you to specify preferences for pain management and comfort care while providing legal protection for healthcare providers and emotional relief for family members honoring your documented wishes. The living will works most effectively when paired with a healthcare proxy who can interpret your wishes and make decisions about situations not specifically covered in the written directive.

Power of Attorney

A durable power of attorney grants your chosen agent broad authority to manage your financial and legal affairs during incapacity, remaining effective even after you become unable to make decisions yourself. In New York, this document enables your agent to handle banking transactions, investment decisions, real estate matters, tax filings, insurance claims, and business operations according to your specified limitations or preferences. The power of attorney becomes immediately effective upon signing unless you specify otherwise, providing seamless financial management without court intervention during periods of temporary or permanent incapacity. The power of attorney includes specific gift-giving powers and requires careful consideration of agent selection, as this individual will have significant authority over your financial life. Powers of attorney automatically terminate upon death, making coordination with your overall estate plan essential for comprehensive protection.

Protect Your Legacy

Estate planning involves coordinating complex legal requirements with your family’s specific needs. Professional guidance helps create wills and trusts that protect your assets, reduce taxes, and simplify the process for your beneficiaries.

Wills

Specify how your assets will be distributed and appoint guardians for minor children.

Revocable Living Trusts

Avoid probate and maintain control over your assets during your lifetime.

Powers of Attorney

Authorize someone you trust to manage your financial affairs if you’re unable to do so.

Health Care Proxies

Appoint a trusted person to make medical decisions on your behalf if you become incapacitated.

Trust-Based Planning

Including Medicaid Asset Protection Trusts and Supplemental Needs Trusts designed to preserve your home, qualify for long-term care benefits, or support a loved one with special needs.

We take the time to listen, explain your options in plain language, and craft a plan that aligns with your goals and values. Whether you are a senior, single, married, or retiree, we are committed to helping you prepare for the road ahead. Our approach ensures your unique needs are addressed with compassion. The next chapter of your life begins here.

Contact us today for personalized estate planning guidance.