Wills, Trusts, and Estates in New York City

Wills, trusts, and estates law gives you the power to decide who will receive your money and property after you die or become unable to manage your affairs. It helps to protect your assets if you become ill and allows you to choose the people you would like to oversee your finances and assets. It also gives you the final say about difficult health-related or money-related decisions that may come up during your life.

What Does Wills, Trusts, and Estates Law Encompass?

Estate planning is the process of deciding how your personal and financial matters will be dealt with once you die or become mentally or physically incapacitated. A will is a document containing instructions about who will receive your money, valuables, and property once you die, as well as who you would like to distribute your money and property. Estate administration and probate are the court processes that allow other people to distribute your money and property. If you have a will that lists who will inherit your property after your death, a probate process will follow once you die. If you do not have a will when you die, that is called dying “intestate.” In that case, your money and property are given to certain persons under New York’s laws of inheritance. This process is called estate administration.

You can get help managing your financial and health-related decisions using other legal documents, like a power of attorney, healthcare proxy, or a living will. Older people and people with disabilities can also get help through adult guardianships and Medicaid planning.

When there is an elderly or incapacitated family member, planning can be impossible. For those instances, there are attorneys who practice in the area of guardianship. Through a court action, someone can be appointed to represent a now incapacitated adult.

Another way to manage your money is through a trust. There are many types of trusts, and the one you choose will depend on your needs and the needs of the people you want to share your money and property with.

How Our Wills, Trusts, and Estates Attorneys Can Help You

A New York wills, trusts, and estates attorney can help you and your family members navigate the complex legal landscape of estate planning and ensure that your assets are protected and distributed according to your wishes.

With their assistance, you can draft a will that will designate beneficiaries, appoint guardians for minor children, and establish clear directives for the distribution of your estate. Without a properly executed will, New York’s intestacy laws (the rules that determine how to distribute someone’s assets if they die without a will) will determine how your assets are distributed, which may not align with your intentions. A wills, trusts, and estates attorney ensures your will is legally valid and minimizes the risk of disputes among the succeeding generation.

In addition to will drafting, estate attorneys can help you set up trusts, which offer greater control over how and when assets are distributed. Trusts can help minimize estate taxes, protect assets from creditors, and provide for beneficiaries in a structured manner. Whether you need a revocable living trust for flexibility or an irrevocable trust (such as a charitable remainder trust) for asset protection, a skilled attorney can tailor an estate plan to your specific needs and unique family dynamics. Furthermore, a wills, trusts, and estates attorney can assist with estate and trust administration, powers of attorney, family limited partnerships, and tax planning.

Litigation is sometimes necessary when a bad actor interferes with an estate or its assets. Attorneys experienced in trusts and estates can help assert rights on behalf of people who have become victims of fraud and undue influence by helping them recover estate assets.

A wills, trusts, and estates attorney will guide executors and trustees through their legal responsibilities and ensure compliance with New York probate law. They can also help handle disputes and streamline the legal process to avoid unnecessary delays or expenses. Whether you’re working on estate planning or dealing with a loved one’s estate, having a skilled attorney will provide peace of mind.

Connect With a NYC Wills, Trusts, and Estates Attorney

Our skilled New York wills, trusts, and estates attorneys can help you navigate complicated issues that may come up. With the proper planning and an experienced attorney, the estate planning and probate process can run smoothly and efficiently.

When you call the LRS to speak to one of our referral counselors, all the information you provide to the counselor will be kept confidential to the fullest extent possible under the law. The referral counselor will ask you some questions to better understand your legal issue and to determine which one of our attorneys is best suited to handle your issue. If a referral to an LRS lawyer is not appropriate or necessary, the referral counselor can offer you other options to help you resolve your issue.

Legal Editor: Todd A. Fishlin, March 2025