Estate Planning Lawyer · Wills & Trusts
Wills & Trusts Attorney in New York & NJ
Draft a legally sound will or trust with an experienced NY & NJ attorney. We protect your family's assets and honor your wishes. Free consultation: 516-518-8586.
Licensed in New York and New Jersey. Schedule your free consultation today.
Legally valid documents — executed under New York and New Jersey formalities
Probate avoidance — properly funded trusts keep your estate out of court
Free consultation — understand your options before any commitment
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, and goals — we identify whether a will, trust, or both is the right fit.
We Schedule
Consultation booked same or next day — NY or NJ office
Why This Matters
The Cost of Having No Estate Plan
Most estate planning mistakes aren't discovered until it's too late to fix them — when a will is challenged in probate, when a trust wasn't funded and failed to avoid court, or when the wrong person inherits because a beneficiary designation was never updated. In New York, where probate is expensive and time-consuming, a poorly drafted document can cost your family far more than it would have cost to do it right the first time.
1 in 3
Trusts Fail to Avoid Probate
A revocable living trust only avoids probate for assets that were actually transferred into it. An estimated one in three trusts are never properly funded, meaning the estate ends up in probate anyway. Our attorneys provide specific trust funding guidance to prevent exactly this outcome.
$25K+
Cost of a Contested Will in NY
Will contests in New York can be protracted and expensive, draining estate assets through attorney fees and court costs. Common grounds for a contest include improper execution, lack of testamentary capacity, and undue influence — all of which are far less likely when documents are drafted and supervised by an experienced estate planning attorney.
70%
Of Adults Have Outdated Plans
Most people who do have a will or trust haven't reviewed it in over a decade. Marriages, divorces, births, deaths of named beneficiaries, and tax law changes can all make an otherwise valid document produce unintended outcomes — or render a key provision ineffective.
An Online Will Is Not a Plan
DIY wills and trust templates miss New York's specific execution requirements, fail to account for the state estate tax cliff, and provide no guidance on trust funding. A document that looks complete may be legally deficient — and your family won't find out until you're gone.
What You Need to Know
Understanding Estate Planning in New York
The Role of a Will in Your Estate Plan
A last will and testament is a legal document that directs the distribution of assets you own individually at death, names the executor responsible for administering your estate, and — most importantly for parents — names a guardian for any minor children. In New York, a will must be signed at the end of the document in the presence of at least two witnesses, both of whom must also sign in each other's presence. Without these formalities, the document may be invalid, and your estate will be treated as if you died intestate.
A will alone does not avoid probate. Every will must be admitted to probate through New York Surrogate's Court before assets can be distributed. The process is public, meaning anyone can see who received what. For families with privacy concerns, significant assets, or real estate in multiple states, a revocable living trust is typically the more effective vehicle for distributing assets at death.
Revocable Living Trusts — The Probate-Avoidance Tool
A revocable living trust is a legal arrangement in which you transfer ownership of your assets to a trust you control during your lifetime. As trustee of your own trust, you manage assets exactly as you did before. At death, a successor trustee you named steps in and distributes assets to your beneficiaries according to the trust's terms — with no probate, no court filing, and no public record. The process can take weeks rather than the 12–18 months common in New York probate.
The trust must be properly funded to work. This means re-titling real estate, investment accounts, and other titled assets into the name of the trust. Retirement accounts and life insurance are typically handled through beneficiary designation rather than direct transfer, but they must be coordinated with the overall trust plan. Our attorneys provide a specific trust funding checklist and review your beneficiary designations as part of every trust engagement.
Irrevocable Trusts — When Greater Protection Is Needed
While a revocable trust is the workhorse of most estate plans, certain goals require an irrevocable trust. An irrevocable trust is one that, generally speaking, cannot be amended or revoked once signed. In exchange, the assets transferred into it may be protected from creditors and removed from your taxable estate for New York estate tax purposes. Irrevocable trusts take many forms — including irrevocable life insurance trusts (ILITs), Medicaid asset protection trusts, special needs trusts, and charitable trusts — and each serves a distinct planning purpose. Learn more about our trust-based estate planning services.
Choosing the Right Structure for Your Family
The right combination of wills and trusts depends entirely on your family's structure, asset types, tax situation, and goals. A single person with modest assets may need only a simple will, durable power of attorney, and healthcare proxy. A married couple with children, a home, and investment accounts almost always benefits from a revocable living trust with pour-over wills. A business owner approaching New York's estate tax threshold needs a more sophisticated structure. Our attorneys will recommend only what your situation genuinely requires — and explain clearly why. Learn more about estate planning and advanced estate planning.
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Quick Reference
Estate Planning — NY & NJ
| Detail | Value |
|---|---|
| NY Will Execution | 2 witnesses; signed at end; self-proving affidavit recommended |
| NJ Will Execution | 2 witnesses; signed at end (same core requirement) |
| Probate Threshold (NY) | No dollar threshold — all wills must be filed with Surrogate's Court |
| Revocable Trust | Avoids probate; remains in grantor's taxable estate |
| Irrevocable Trust | May remove assets from taxable estate; limited modification rights |
| Testamentary Trust | Created inside a will; takes effect after probate |
| Special Needs Trust | Preserves beneficiary's eligibility for government benefits |
| Trust Funding | Required for probate avoidance — assets must be re-titled |
Unsure whether a will, trust, or both is right for your family?
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 Consultation
Call or submit a form. We'll review your family structure, assets, and goals — at no charge and no obligation.
2
Document Drafting & Review
We prepare your will, trust, powers of attorney, and healthcare documents — then walk you through every provision in plain language so you understand exactly what you're signing.
3
Execution & Trust Funding
We oversee the formal signing and witnessing of all documents, and provide your personalized trust funding checklist so your assets are actually protected.
What We Handle
Estate Planning Services We Provide
Last Will & Testament
Directs asset distribution, names your executor, and — for parents — names a guardian for minor children. Drafted to meet New York and New Jersey execution requirements.
Revocable Living Trust
Avoids probate, maintains privacy, and transfers assets to beneficiaries without court involvement. Includes trust funding guidance and a pour-over will.
Pour-Over Will
Works alongside your living trust to capture any assets not transferred into the trust during your lifetime, ensuring nothing falls outside your plan.
Irrevocable Trust
Removes assets from your taxable estate and may provide creditor protection. Used for tax planning, Medicaid protection, and special situations.
Testamentary Trust
Created inside a will; holds assets for minor beneficiaries or those with special needs until specified conditions are met.
Special Needs Trust
Provides for a family member with a disability without disqualifying them from Medicaid, SSI, or other government benefit programs.
Trust Funding Guidance
Step-by-step assistance re-titling real estate, investment accounts, and other assets into your trust — the step that determines whether your trust actually works.
Beneficiary Designation Review
Coordinates retirement accounts, life insurance, and TOD accounts with your overall trust plan to prevent conflicts and unintended distributions.
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 in thinking we just needed a simple will, and left with a fully funded revocable trust, healthcare proxies, and powers of attorney — everything our family actually needed. The attorneys explained every document clearly, and the whole process took less than a month. Couldn't be more confident in our plan."
Forest Hills, Queens · Wills & Trusts Clients
★★★★★
"I have a daughter with a developmental disability and I needed to make sure she'd be taken care of after I'm gone without losing her Medicaid coverage. NY Wills & Estates set up a special needs trust that does exactly that. The level of care they put into understanding her situation made all the difference."
Westchester County, NY · Special Needs Trust Client
★★★★★
"I had a trust done years ago at another firm and thought everything was in order. NY Wills & Estates reviewed it and found that my co-op apartment was never transferred into the trust — meaning my family would still have gone through probate. They fixed everything and updated the documents to reflect current NJ law. Wish I had come here first."
Hackensack, NJ · Trust Review & Update Client
Common Questions
Estate Planning FAQ
Answers to the questions we hear most from New York and New Jersey families.
What makes a will legally valid in New York?
In New York, a will must be signed by the testator (the person making the will) at the end of the document, in the presence of at least two witnesses who also sign the will in each other's presence. The testator must declare to the witnesses that the document is their will. A self-proving affidavit, signed before a notary, is strongly recommended as it simplifies the probate process by eliminating the need for witnesses to appear in court.
What is the difference between a revocable and an irrevocable trust?
A revocable living trust can be changed, amended, or revoked at any time during the grantor's lifetime. It avoids probate and allows for seamless transfer of assets at death, but because you retain control, the assets remain part of your taxable estate. An irrevocable trust, once signed, generally cannot be changed. In exchange, the assets transferred into it may be removed from your taxable estate and protected from creditors and Medicaid recovery — making irrevocable trusts a key tool in advanced estate and elder law planning.
Does a trust avoid probate in New York?
Yes — assets properly held in a revocable living trust pass directly to beneficiaries without going through probate. The key word is "properly held." If an asset was never re-titled into the trust during your lifetime, it is not protected. This is why trust funding — actually transferring assets into the trust — is as important as the trust document itself, and why our attorneys provide guidance on this step.
What is a testamentary trust?
A testamentary trust is a trust created within a will, which takes effect only at the testator's death. Unlike a living trust, it does not avoid probate — the will must still pass through probate court for the trust to come into existence. Testamentary trusts are commonly used to hold assets for minor children until they reach a specified age, or to provide for a beneficiary with special needs without disqualifying them from government benefits.
What happens if I die without a will in New York?
Dying without a will in New York means your estate is distributed according to New York's intestacy laws, not your wishes. Under these laws, your spouse, children, and other relatives receive assets in a rigid order of priority. Unmarried partners, close friends, step-children who were not formally adopted, and charitable causes receive nothing. Your estate will also go through probate, and an administrator — potentially a stranger to your family — may be appointed by the court.
How often should I update my will or trust?
You should review your will or trust after every major life event: marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, significant change in assets, or relocation to a new state. At minimum, review your documents every three to five years. New York and New Jersey estate and tax laws change regularly, and documents that were well-structured a decade ago may now have gaps or create unintended consequences.
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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