A Trust Keeps Your Estate Out of Court, Out of Public Record, and In Your Family's Hands
Revocable living trusts, irrevocable trusts, and asset protection strategies for New York families
Your will goes through probate. Probate is public. Your assets, your debts, your beneficiaries — all of it becomes a matter of public record in New York's Surrogate's Court. That process takes 8–12 months and costs thousands in court fees, executor fees, and attorney fees.
A revocable living trust sidesteps all of that. Assets held in trust pass directly to your beneficiaries at your death — privately, without court involvement, without delay. And if you become incapacitated, your successor trustee steps in without a court-ordered guardianship proceeding.
The Most Common Trust Mistakes We See
- ✕Setting up a trust but never funding it — so it's useless at death
- ✕Choosing a revocable trust when an irrevocable trust was needed for Medicaid or asset protection
- ✕Taxable estates that don't use trust structure to reduce exposure near New York's estate tax cliff
- ✕Blended families where the trust didn't account for children from a prior marriage
The Path Forward
Four Steps to the Right New York Trust
1
Free Consultation — Choose the Right Trust Type
We assess your estate, family situation, tax exposure, and goals. Not every family needs an irrevocable trust. Not every estate needs a special needs trust. We recommend only what you actually need.
2
Trust Drafting — Precise Terms for Your Situation
We draft your trust agreement with precise terms — successor trustees, beneficiary designations, distribution standards, and provisions for incapacity and death. Every word is reviewed with you.
3
Funding the Trust — The Step Most People Skip
The trust is worthless until assets are in it. We guide you through transferring real property (deed preparation), bank accounts, investment accounts, and business interests into the trust's name. We follow up until it's done.
4
Ongoing Administration as Life Changes
Life changes. We help you update beneficiaries, add newly acquired assets, and revise trust terms as your family situation evolves. A trust is a living document, not a one-time filing.
Types of Trusts
Trusts We Draft in New York
Most Common
Revocable Living Trust
You control the trust during your lifetime. Change it, add assets, or revoke it entirely. At death, assets pass to beneficiaries privately and without Surrogate's Court probate.
Asset Protection
Irrevocable Trust
Transfers assets out of your taxable estate permanently. Used for NY estate tax planning (near the $7.16M cliff), Medicaid planning, and creditor protection.
Special Needs
Special Needs Trust
Preserves SSI and Medicaid eligibility for a disabled beneficiary while providing supplemental financial support. Essential for families with a disabled child or family member.
Medicaid Planning
Medicaid Asset Protection Trust
Irrevocable trust designed to protect assets from Medicaid spend-down — with a 5-year look-back period. Requires careful long-term planning well before any care need arises.
Blended Family
QTIP Marital Trust
For second marriages — provides income to a surviving spouse while preserving principal for children of a prior marriage. Avoids family conflict at the second death.
Minor Children
Testamentary Trust
Created at death per your will's instructions. Holds assets for minor children until a specified age. Goes through probate once — then operates privately.
New York's Estate Tax Cliff — Why Trust Planning Matters
New York's 2026 estate tax exemption is approximately $7.16 million. NY's "cliff" rule means estates that exceed the exemption by even 5% lose the entire exemption. For estates near this threshold, trust planning is not optional — it's the difference between owing nothing and owing hundreds of thousands in NY estate tax.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil specializes in revocable living trusts, irrevocable trusts, asset protection strategies, and special needs trusts — from straightforward revocable living trusts to complex multi-party structures for larger New York estates.
View Full Profile → Common Questions About New York Trusts
What is the difference between a revocable and irrevocable trust?
A revocable living trust can be changed, amended, or revoked by you during your lifetime. It avoids probate but does not protect assets from creditors or estate taxes. An irrevocable trust permanently transfers assets out of your estate — providing asset protection, estate tax reduction, and Medicaid planning benefits, but cannot be changed once funded.
Do I still need a will if I have a trust?
Yes — even with a trust, you need a "pour-over" will that catches any assets not transferred into the trust during your lifetime. The pour-over will also names your guardian for minor children, which a trust cannot do.
What does "funding" a trust mean?
Funding means transferring ownership of your assets into the trust's name. A trust document alone does nothing at your death — only assets that are retitled into the trust or name the trust as beneficiary avoid probate. We guide you through the funding process as part of every trust engagement.
How does a special needs trust work?
A special needs trust holds assets for a disabled beneficiary without disqualifying them from government benefits like SSI and Medicaid. The trust provides supplemental support — enriching the beneficiary's life beyond what government programs cover — while preserving their eligibility.
Ready to protect your estate from probate? Schedule your New York trusts consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.