Estate Planning Lawyer · Trust-Based Planning
Trust-Based Estate Planning Attorney in NY & NJ
Build a comprehensive trust-based estate plan with NY & NJ attorneys. Protect your assets, avoid probate, and provide for your family. Free consultation: 516-518-8586.
Licensed in New York and New Jersey. Schedule your free consultation today.
Probate avoided entirely — assets transfer in weeks, not 12–18 months
Comprehensive protection — revocable trusts, irrevocable trusts, and MAPTs coordinated as one plan
Free consultation — we assess your trust needs at no charge
English, Español & Русский — speak in your language
Available Now · Free Consultation
Speak With an Attorney Today
Call for your free, no-obligation consultation — most calls answered immediately.
You Call Us
Reach us directly — no phone maze or waiting on hold
We Review Your Situation
Your assets, family structure, tax situation, and long-term care concerns — we determine which trust or combination of trusts is right for your specific plan.
We Schedule
Consultation booked same or next day — NY or NJ office
Why This Matters
The Cost of Having No Estate Plan
A last will and testament is a starting point — not a complete estate plan. It only controls assets titled in your individual name. It goes through probate. It becomes a public record. It can be contested. And it does nothing to protect your assets from long-term care costs, creditors, or the unintended consequences of leaving large sums outright to unprepared beneficiaries. A trust-based plan addresses each of these limitations directly.
12–18
Months for NY Probate to Close
A will must go through New York Surrogate's Court before your executor can distribute a single dollar. During this period, assets are frozen in a court process that is public, expensive, and slow. A properly funded revocable trust eliminates this waiting period entirely and keeps your family's finances private.
$14K/mo.
Average NY Nursing Home Cost
The average cost of a private room in a New York nursing home exceeds $14,000 per month. Without a Medicaid Asset Protection Trust established at least 60 months in advance, those costs can consume decades of savings. A trust-based plan that includes a MAPT is the most effective way to protect your home and assets from long-term care spend-down.
0
Court Proceedings With a Funded Trust
Assets properly held in a revocable living trust require zero court proceedings at death. No probate filing, no judge, no administrator, no public inventory. Your successor trustee acts immediately and distributes your estate according to your exact instructions — in weeks, not years.
The Earlier You Establish a Trust, the More It Can Do
A Medicaid Asset Protection Trust must be established at least 60 months before you apply for nursing home Medicaid. A revocable trust can be funded immediately. Waiting to establish either trust narrows your options and may expose your family to costs that planning today would prevent.
What You Need to Know
Understanding Estate Planning in New York
How a Revocable Living Trust Works
A revocable living trust is created during your lifetime, funded with your assets, and managed by you as your own trustee. It contains instructions for the management of your assets during your life, during any period of incapacity, and at your death. Because you retain control and can modify or revoke it at any time, a revocable trust does not remove assets from your taxable estate — but it does accomplish the core goals of most estate plans: avoiding probate, maintaining privacy, and allowing for immediate, orderly transfer of assets at death.
The trust must be properly funded to work. This means each asset must be individually re-titled from your personal name to the trust's name — "John Smith" becomes "John Smith, as Trustee of The John Smith Revocable Living Trust dated [date]." Bank accounts, investment accounts, and real estate deeds must all be changed. Retirement accounts and life insurance remain in your individual name but have the trust named as beneficiary where appropriate. This funding process is where most DIY trusts fail — and where our attorneys provide specific, documented guidance for every asset you own.
Irrevocable Trusts — Protection Beyond the Revocable Trust
For families with tax, creditor, or long-term care planning objectives, the revocable trust is just the beginning. Irrevocable trusts are separate legal entities that you no longer control after creation — in exchange for that loss of control, you gain significant protection. The most commonly used irrevocable trusts in New York estate planning include:
**Medicaid Asset Protection Trust (MAPT):** Protects the family home and other assets from Medicaid's 60-month look-back and the state's Estate Recovery Program. Assets in the trust are no longer counted for Medicaid eligibility — but must be transferred at least 60 months before applying for nursing home care. The MAPT is the cornerstone of elder law planning for families who want to preserve their home for the next generation.
**Irrevocable Life Insurance Trust (ILIT):** Owns a life insurance policy, keeping the death benefit out of your taxable estate while providing liquidity for estate taxes or distributions to beneficiaries.
**Special Needs Trust:** Provides for a family member with a disability without disqualifying them from Medicaid, SSI, or other government benefits. Assets in the trust supplement — rather than replace — government support.
**Asset Protection Trust:** While New York does not have a domestic asset protection trust statute, out-of-state trusts (such as those established in Nevada or South Dakota) can provide strong creditor protection for New York residents, subject to planning limitations.
Coordinating Multiple Trusts in One Plan
Many comprehensive trust-based plans include more than one trust — each serving a distinct purpose. A married couple might have a revocable living trust as the primary vehicle, a MAPT established in advance of any Medicaid need, and an ILIT holding a second-to-die life insurance policy for estate tax liquidity. These structures must be carefully coordinated so that assets are held in the right entity for the right purpose, beneficiary designations align with the overall plan, and the plan doesn't create unintended tax consequences.
Our attorneys design trust-based plans as a unified whole — not a collection of documents. Before drafting anything, we map your assets, your family structure, your tax exposure, and your long-term care concerns, and design a plan that addresses each objective with the right legal tool.
Trust Administration After Death
When a grantor dies, the successor trustee takes over — but many successor trustees are not prepared for what trust administration actually involves. Gathering and valuing assets, paying debts, filing trust and estate tax returns, communicating with beneficiaries, and distributing assets all require attention, documentation, and legal knowledge. Our attorneys assist successor trustees through the trust administration process, ensuring that the trust's terms are carried out correctly and the trustee's fiduciary obligations are met. Learn more about our approach to comprehensive estate planning and wills & trusts.
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Quick Reference
Estate Planning — NY & NJ
| Detail | Value |
|---|---|
| Medicaid Look-Back (Nursing Home) | 60 months (NY) |
| Medicaid Look-Back (Community-Based) | 30 months (NY) |
| Average NY Nursing Home Cost | $14,000–$16,000/month (private room, 2024) |
| Revocable Trust | In taxable estate; avoids probate |
| Irrevocable Trust | Generally out of taxable estate; creditor-protected |
| MAPT Timing | Must be established 60 months before nursing home Medicaid application |
| NY Estate Tax Threshold | $6.94M (2024) — irrevocable trusts reduce taxable estate |
| Probate Duration (no trust) | 12–18 months typical (uncontested) |
Want to know which type of trust is right for your family's situation?
Call 516-518-8586How It Works
Getting Your Estate Plan — 3 Simple Steps
From first call to signed documents, our process is clear, efficient, and built around your schedule.
1
Free Planning Consultation
Call or submit a form. We'll review your assets, family structure, tax situation, and any long-term care concerns — with no charge and no obligation.
2
Plan Design & Trust Drafting
We design your trust-based plan — selecting the right trust or combination of trusts, drafting all documents, and explaining every provision before you sign a single page.
3
Funding, Execution & Coordination
We oversee the formal execution of all trust documents, provide your trust funding checklist, assist with asset re-titling, and coordinate beneficiary designations — so your plan is complete, not just drafted.
What We Handle
Estate Planning Services We Provide
Revocable Living Trust
The foundation of most trust-based plans — avoids probate, maintains privacy, and transfers assets immediately at death without court involvement. Includes trust funding guidance.
Pour-Over Will
A companion will that works alongside your trust to capture any assets outside the trust at death and route them through a simplified process into the trust.
Medicaid Asset Protection Trust (MAPT)
An irrevocable trust that protects your home and other assets from New York's Medicaid spend-down and Estate Recovery Program — must be established 60 months in advance of a nursing home application.
Irrevocable Life Insurance Trust (ILIT)
Removes life insurance death benefits from your taxable estate while preserving them for estate tax liquidity, business buyouts, or beneficiary distributions.
Special Needs Trust
Provides for a family member with a disability without disqualifying them from Medicaid, SSI, or other means-tested government benefit programs.
Asset Protection Trust
For clients seeking creditor protection beyond what a revocable trust provides — using out-of-state trust vehicles with strong domestic asset protection statutes.
Trust Funding & Asset Retitling
Specific, documented guidance for re-titling each asset into your trust — the step that determines whether the trust actually accomplishes its goals.
Trust Administration Support
Post-death guidance for successor trustees navigating asset gathering, tax filings, beneficiary communication, and distribution under the trust's terms.
Why NY Wills & Estates
What Sets Our Estate Planning Attorneys Apart
Licensed in Both NY & NJ
Most estate planning firms operate in one state. We handle planning in both New York and New Jersey — one firm for families who span the Hudson.
Free Initial Consultation
We offer a free, no-obligation consultation so you can understand your options and our approach before making any commitment. Call 516-518-8586 to get started.
Trilingual Service
We serve families in English, Spanish, and Russian — so your estate plan is never built on a misunderstanding.
Thousands of Families Served
With 20+ years of estate planning practice, we've helped thousands of NY and NJ families protect their assets and plan for their legacy.
Family-First Approach
We understand the emotional weight of these decisions. We explain every option clearly, without pressure, and always put your family's long-term wellbeing first.
Same-Day Scheduling
Most calls are answered immediately. We schedule consultations same or next business day at our NY or NJ office.
Client Stories
Families We've Protected
Real families. Real outcomes. Names changed to protect client privacy.
★★★★★
"We came to NY Wills & Estates because we wanted both a revocable trust for our general estate and a Medicaid Asset Protection Trust for our home — we'd watched my wife's parents lose everything to nursing home costs. The attorneys designed both structures, explained the 60-month rule clearly, and funded the MAPT with our house in the same week. We feel genuinely protected now."
Brooklyn, NY · Revocable Trust & MAPT Clients
★★★★★
"I have two children — one of whom has Down syndrome and receives Medicaid benefits. Setting up a special needs trust was something I'd been putting off for years because it felt overwhelming. NY Wills & Estates made it completely manageable, explained exactly how the trust protects my daughter's benefits, and built it into a comprehensive estate plan that covers all three of my kids."
Long Island, NY · Trust-Based Plan with Special Needs Trust
★★★★★
"I moved to New Jersey from New York two years ago and my trust was still in my old name at my old New York address. NY Wills & Estates updated and restated my entire trust to comply with NJ law, coordinated the deed on my NJ home, and reviewed my beneficiary designations. One firm handled everything. I'm glad I found them before something went wrong."
Bergen County, NJ · Trust Restatement & Update Clients
Common Questions
Estate Planning FAQ
Answers to the questions we hear most from New York and New Jersey families.
What is trust-based estate planning?
Trust-based estate planning is a comprehensive approach that uses one or more trusts as the centerpiece of your estate plan, rather than a simple will. Instead of directing your assets through probate court at death, trust-based planning transfers ownership of assets to a trust during your lifetime. At death, a successor trustee you named distributes assets directly to your beneficiaries — privately, quickly, and without court involvement. Trust-based plans also typically include a pour-over will, healthcare proxy, and durable power of attorney to create a complete legal framework.
Who is trust-based estate planning best suited for?
Trust-based planning is the right foundation for most married couples, homeowners, parents of minor children, individuals with beneficiaries who have special needs or substance abuse issues, people who own property in multiple states, individuals who value privacy, and anyone whose estate approaches the New York estate tax threshold. It is also the natural starting point for more advanced planning strategies. Essentially, if you own a home in New York or New Jersey, a trust-based plan is almost always superior to a will-only plan.
What is the difference between a revocable and irrevocable trust in trust-based planning?
A revocable living trust is the flexible foundation — you control it during your lifetime, can modify or revoke it, and it avoids probate at death but remains part of your taxable estate. An irrevocable trust is a separate legal entity you no longer control; assets transferred into it are generally no longer part of your taxable estate and may be protected from creditors and Medicaid recovery. Most comprehensive trust-based plans begin with a revocable trust for probate avoidance and add irrevocable trusts for tax reduction, asset protection, or Medicaid planning as needed.
Does a trust-based plan replace a will?
A trust-based plan includes a will — specifically a "pour-over will" — but the will plays a backup role rather than the primary one. The pour-over will captures any assets that were not transferred into the trust during your lifetime and directs them into the trust through a simplified probate process. Without the pour-over will, assets outside the trust would be distributed under New York intestacy laws. With it, the trust remains the controlling document for virtually all of your estate.
What is a Medicaid Asset Protection Trust and how does it fit into trust-based planning?
A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust specifically designed to protect your assets from New York's Medicaid Estate Recovery Program. Assets transferred into a MAPT are no longer counted as resources for Medicaid eligibility purposes — provided the transfer was made at least 60 months before applying for nursing home Medicaid (or 30 months for community-based care). MAPTs are a critical planning tool for families who want to protect their home and savings from long-term care costs. The earlier they are established, the more effective they are.
What happens to a trust when the grantor dies?
When the person who created the trust (the "grantor" or "settlor") dies, the trust becomes irrevocable — no further changes can be made. The successor trustee named in the trust document steps in and takes over management. The successor trustee is responsible for gathering assets, paying debts and taxes, filing required tax returns, and distributing assets to beneficiaries according to the trust's terms. This process typically takes weeks to a few months — compared to 12–18 months for New York probate. Our attorneys can serve as a resource for successor trustees navigating trust administration after a loved one's death.
Our Offices
Serving New York & New Jersey
We have offices in Manhattan and Hackensack — convenient for families throughout the metro area.
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