Trusts & Estate Planning — New York State

What Is a Special Needs Trust in New York? (EPTL 7-1.12)

Fri, 19 Jun 2026 01:06:43 +0000

A Special Needs Trust (SNT) in New York is a legal arrangement that lets you set aside money and property for a loved one with a disability without disqualifying them from means-tested government benefits such as Medicaid and Supplemental Security Income (SSI). Authorized under New York Estates, Powers and Trusts Law (EPTL) § 7-1.12, the […]

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Trust vs. Will in New York: The Key Differences

Fri, 19 Jun 2026 01:06:43 +0000

If you are just starting to think about your estate plan, here is the short answer: in New York, a will is a document that takes effect only after you die and must go through probate in the Surrogate’s Court (a public process), while a trust is a legal arrangement that can take effect during […]

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Revocable vs. Irrevocable Trust in New York: Which Do You Need?

Fri, 19 Jun 2026 01:06:43 +0000

If you are choosing between a revocable and an irrevocable trust in New York, here is the short, reassuring answer: most families who simply want to avoid probate, keep their affairs private, and plan for possible incapacity are best served by a revocable living trust, because the grantor keeps full control and can change or […]

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Irrevocable Trusts and the Medicaid 5-Year Look-Back in NY

Fri, 19 Jun 2026 01:06:43 +0000

If you are reading this because someone mentioned a “five-year look-back” and you have no idea what it means, take a breath. Here is the short answer: in New York, an irrevocable trust is a legal arrangement you generally cannot change after you create it, and it is one of the main tools families use […]

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How to Fund a Trust in New York (and Why It Matters)

Fri, 19 Jun 2026 01:06:43 +0000

To fund a trust in New York, you transfer ownership of your assets — your home, bank and brokerage accounts, business interests, and certain beneficiary designations — out of your individual name and into the name of your trust. Signing the trust document is only the first half of the job; funding is the half […]

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Does a Living Trust Avoid Probate in New York?

Fri, 19 Jun 2026 01:06:43 +0000

Yes. A properly created and fully funded revocable living trust does avoid probate in New York. When you transfer your assets into the trust during your lifetime, those assets are owned by the trust rather than by you personally. Because the trust does not “die” when you do, there is nothing for the Surrogate’s Court […]

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Trusts for Non-Citizen Beneficiaries in New York

Thu, 28 May 2026 06:09:00 +0000

A plain-English guide to New York trusts for non-citizen beneficiaries and spouses, including QDOTs, the federal-vs-state split, and when to call each specialist.

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