Trusts & Estate Planning — New York State

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

Fri, 19 Jun 2026 01:32:18 +0000

A special needs trust (often called a supplemental needs trust, or SNT) is a New York trust, authorized by EPTL 7-1.12, that holds money and property for the benefit of a person with a disability without disqualifying that person from means-tested public benefits such as Medicaid and Supplemental Security Income (SSI). In plain terms: it […]

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

Fri, 19 Jun 2026 01:32:18 +0000

The short answer most New Yorkers are looking for: choose a revocable living trust if your priority is avoiding probate, keeping your affairs private, and managing your assets if you become incapacitated—while keeping full control to change your mind. Choose an irrevocable trust if your priority is reducing New York estate tax, protecting assets from […]

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Protecting Your Assets With a Trust in New York

Fri, 19 Jun 2026 01:32:18 +0000

Can a trust really protect your assets in New York? Yes—when the right type of trust is chosen for the right goal. A properly drafted trust can keep your estate out of the public probate process, shield assets from creditors and long-term-care costs, preserve eligibility for means-tested benefits, and even reduce New York estate tax […]

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

Fri, 19 Jun 2026 01:32:18 +0000

To fund a trust in New York, you transfer ownership of your assets — your home, bank and brokerage accounts, business interests, and beneficiary designations — out of your individual name and into the name of the trust (or, for retirement and life-insurance assets, you coordinate the beneficiary designations with your plan). Funding matters because […]

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Does a Living Trust Avoid Probate in New York?

Fri, 19 Jun 2026 01:32:18 +0000

Yes. A properly drafted and fully funded revocable living trust avoids probate in New York. Assets you transfer into the trust during your lifetime pass directly to your beneficiaries under the terms of the trust document, without ever entering the Surrogate’s Court. That is the single most common reason New Yorkers create a living trust […]

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Can You Change or Decant an Irrevocable Trust in New York?

Fri, 19 Jun 2026 01:32:18 +0000

Short answer: yes, sometimes — but not the way you change a revocable trust. An irrevocable trust in New York generally cannot simply be amended or revoked by the grantor on a whim; that permanence is the whole point of the structure. However, New York law does provide several narrow paths to modify, reform, or […]

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Trust for Foreign Assets in a New York Estate

Fri, 27 Feb 2026 11:24:00 +0000

Comparing trusts, wills, and QDOTs for foreign assets and non-citizen families in a New York estate, plus when to call an immigration attorney.

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