Not every New Yorker needs the same plan. Before you schedule, here is a plain-language look at the main options so your first conversation with Russel Morgan, Esq. can start at the decision — not the definition.
Trust vs. Will vs. Doing Nothing: A Quick Comparison
| Question | Revocable Trust | Irrevocable Trust | Will Alone |
|---|---|---|---|
| Avoids Surrogate’s Court probate? | Yes | Yes | No — required |
| Keeps plan private? | Yes | Yes | No — public record |
| Reduces NY estate tax (2026 exclusion $7,350,000)? | No | Yes, when structured correctly | No |
| Protects assets from Medicaid 5-year look-back? | No | Yes, if funded in time | No |
| Preserves SSI/Medicaid for a disabled heir (EPTL 7-1.12)? | No | Yes — via Special Needs Trust | No |
| Grantor keeps control? | Yes | Generally no | Yes, until death |
The cliff at 105% of the exclusion ($7,717,500) means an estate just over the threshold loses the entire exemption — not merely the excess. That math alone often makes an irrevocable trust worth comparing against a simple will.
What Happens Next
Russel Morgan, Esq. reviews your assets, family situation, and goals, then recommends the structure — revocable living trust, irrevocable trust, Special Needs Trust, or a coordinated trust-and-will combination — that fits New York law and your priorities. All trustees are held to the prudent-investor standard under EPTL Article 11-A; we explain every fiduciary obligation before you sign.
Morgan Legal Group serves all of New York State — NYC, Long Island, Westchester, the Hudson Valley, and Upstate communities.
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