Book Your NY Estate Plan Consultation — Trusts, Wills & the Choice That Actually Matters

Before you schedule, the most valuable thing you can do is understand which plan fits your situation. Most New Yorkers arrive at our door having heard conflicting advice. This page maps the key options so your appointment time goes directly toward strategy, not orientation.

Revocable Trust vs. Irrevocable Trust vs. Will — Side-by-Side

Feature	Revocable Living Trust	Irrevocable Trust	Last Will & Testament
Avoids Surrogate’s Court probate?	Yes	Yes	No — must be probated
Remains private?	Yes	Yes	No — becomes public record
Grantor retains control?	Yes	Generally no	N/A (takes effect at death)
Reduces NY estate tax?	No — assets stay in taxable estate	Yes — when structured correctly	No
Asset protection / Medicaid planning?	No	Yes — subject to 5-year look-back	No
Preserves benefits for disabled heir?	No	Yes — via SNT under EPTL 7-1.12	Limited

2026 NY estate tax thresholds: basic exclusion $7,350,000; cliff at 105% = $7,717,500 — estates above the cliff forfeit the entire exemption under New York Tax Law.

What Governs These Instruments

All New York trusts operate under EPTL Article 7. Every trustee carries fiduciary duties — the prudent-investor standard (EPTL Article 11-A), undivided loyalty to beneficiaries, and a statutory duty to account.

Which Path Is Right for You?

• Probate avoidance + incapacity management only → Revocable Living Trust
• Estate-tax reduction or Medicaid planning → Irrevocable Trust
• Disabled beneficiary → Special Needs Trust
• Trust vs. Will still undecided → Compare the two options
• Already have a trust in force → Trust Administration

See our full trusts overview for a deeper look at every structure available under New York law.

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Serving clients across New York State — NYC, Long Island, Westchester, the Hudson Valley, and Upstate communities.

Book a 30-Minute Strategy Call with Russel Morgan, Esq. →