Most New Yorkers come to us with the same handful of questions before scheduling. Here are honest answers — then book your 30-minute consultation when you are ready.
The Questions We Hear Every Week
“Do I even need a trust, or will a will do?”
A will must be probated in the Surrogate’s Court — it becomes a public record and can take months (or years). A trust avoids probate entirely and stays private. If privacy and speed matter to your family, a trust is usually the stronger tool.
“Which trust is right for me?”
That depends on your goal:
| Goal | Trust Type | Key Rule |
|---|---|---|
| Avoid probate, stay in control | Revocable Living Trust | Amendable any time; does not reduce estate tax |
| Reduce NY estate tax / asset protection | Irrevocable Trust | Generally cannot be changed after signing |
| Protect a disabled loved one’s benefits | Supplemental Needs Trust | EPTL § 7-1.12; preserves Medicaid/SSI |
| Medicaid planning | Irrevocable Trust | 5-year look-back applies |
“Should I worry about the NY estate tax cliff?”
Yes. In 2026 the New York basic exclusion is $7,350,000. Estates exceeding 105% of that figure ($7,717,500) lose the entire exemption — not just the excess. Strategic trust planning under EPTL Article 7 can address this cliff directly.
“What does a trustee have to do?”
Trustees owe fiduciary duties — prudent-investor standard (EPTL Article 11-A), loyalty, and regular accounting to beneficiaries. We cover trust administration in depth.
Book Your Consultation
Russel Morgan, Esq. advises clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.
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Explore more: Trusts Overview | Revocable Living Trust | Irrevocable Trust | Trust vs. Will
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