Serving New York Families · Estate Planning · Probate · Guardianship📞 (888) 529-1315
MLGMorgan Legal GroupTrusts & Estate Planning — New York StateSchedule a Consultation

Before your consultation, knowing which instrument fits your situation saves time — and often money. New York offers several paths under the Estates, Powers and Trusts Law (EPTL) Article 7, and the right choice turns entirely on your goals.

Which NY Trust — or Will — Is Right for You?

Goal Best Instrument Key Trade-off
Avoid probate & keep affairs private Revocable living trust Does not reduce estate tax — assets stay in your taxable estate
Reduce NY estate tax (exclusion $7,350,000; cliff at $7,717,500) Irrevocable trust Grantor surrenders control; generally cannot be amended
Protect a disabled family member’s benefits (Medicaid/SSI) Supplemental Needs Trust — EPTL § 7-1.12 Strict rules; improper drafting voids benefit protection
Medicaid asset protection Irrevocable Medicaid trust 5-year look-back period applies
Simple, lower-cost succession Will + trust administration Public record; must be probated in Surrogate’s Court

A trust vs. will comparison often reveals that most New Yorkers benefit from both — a pour-over will paired with a living trust. Every trustee, regardless of trust type, owes beneficiaries the prudent-investor standard under EPTL Article 11-A and a duty to account.

Schedule a Consultation

Book a 30-minute call with Russel Morgan, Esq. — serving clients throughout New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.

Explore our full trusts overview to continue your research.

Further reading from Morgan Legal Group: how trusts work in New York.