A special needs trust in New York is a legal arrangement, authorized by EPTL 7-1.12, that holds assets for the benefit of a person with disabilities without disqualifying that person from means-tested public benefits such as Medicaid and Supplemental Security Income (SSI). Because eligibility for those programs depends on the beneficiary owning very little, a direct gift or inheritance can
A trustee is the person or institution legally responsible for holding, managing, and distributing the assets inside a trust for the benefit of someone else. In New York, that role is governed by the Estates, Powers and Trusts Law (EPTL), and a trustee is held to the highest legal standard the law recognizes — a fiduciary standard. In plain terms,
The key difference between a trust and a will in New York is what happens after you sign it and after you die: a will is a public document that must be filed and administered through the Surrogate’s Court in a process called probate, while a trust generally avoids probate entirely, keeps your affairs private, and can manage your assets
An irrevocable trust is one of the most reliable tools New Yorkers use to protect their home and savings from the cost of long-term care, but it only works if you plan early enough to clear the Medicaid 5-year look-back. When you transfer assets into a properly drafted irrevocable Medicaid asset-protection trust, those assets stop counting toward your Medicaid eligibility,
Choosing a trustee for your New York trust comes down to weighing three realistic options against one another: a family member or friend, a professional individual (such as an attorney or accountant), or a corporate trustee like a bank or trust company. The right choice depends on the size and complexity of your trust, the type of trust you created,
Yes — a properly drafted and funded irrevocable trust can save New York estate tax, while a revocable living trust cannot. The distinction comes down to control. When you transfer assets into an irrevocable trust and genuinely give up ownership and control, those assets generally leave your taxable estate. By contrast, a revocable trust keeps everything in your estate because
Green card holders in New York face costly trust and estate mistakes. Learn the QDOT rule, Medicaid look-back, and when to call an immigration attorney.