Most New Yorkers arrive at their first consultation carrying the same handful of questions. Here are the ones we hear most — answered under New York law before you even walk in the door.
What Most People Ask First
Do I need a trust or just a will?
A will becomes a public court record once it enters Surrogate’s Court probate. A trust is private and passes assets outside probate entirely. If privacy, speed of transfer, or incapacity management matters to you, a revocable living trust is almost always worth a conversation.
Will a trust reduce my estate taxes?
A revocable trust does not reduce estate taxes — those assets remain in your taxable estate. New York’s 2026 basic exclusion is $7,350,000 (EPTL Article 7; NY Tax Law §952). Estates exceeding 105% of that threshold — $7,717,500 — lose the entire exemption. If your estate approaches that cliff, an irrevocable trust strategy deserves immediate attention.
What about protecting a family member with disabilities?
A Supplemental Needs Trust under EPTL §7-1.12 shelters assets without disqualifying the beneficiary from Medicaid or SSI. See our special needs trust page for details.
Quick-Reference: Trust Types at a Glance
| Trust Type | Revocable? | Avoids Probate | Reduces Estate Tax | Medicaid Use |
|---|---|---|---|---|
| Revocable Living Trust | Yes | Yes | No | No |
| Irrevocable Trust | Generally no | Yes | Yes (if structured correctly) | Yes (5-year look-back) |
| Supplemental Needs Trust | No | Yes | No | Yes — preserves benefits |
What Happens During Consultation
Russel Morgan, Esq. reviews your estate, walks through your trust administration obligations as a potential trustee, and maps the right structure to your goals — statewide, whether you are in New York City, Long Island, Westchester, the Hudson Valley, or Upstate.
Trustees carry fiduciary duties under EPTL Article 11-A: the prudent-investor standard, loyalty to beneficiaries, and a duty to account. We explain exactly what that means for your family.
Ready to get clear answers? Book your 30-minute consultation with Russel Morgan, Esq.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .