Trusts & Estate Planning — New York State https://totaltrustssolutions.com/ New York State trusts & estate planning by Morgan Legal Group Fri, 19 Jun 2026 01:28:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.6 https://totaltrustssolutions.com/wp-content/uploads/2024/05/Legal-Network-Logo-150x150.png Trusts & Estate Planning — New York State https://totaltrustssolutions.com/ 32 32 What Is a Special Needs Trust in New York? (EPTL 7-1.12) https://totaltrustssolutions.com/what-is-a-special-needs-trust-in-new-york/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/what-is-a-special-needs-trust-in-new-york/ A special needs trust in New York — also called a supplemental needs trust, or SNT — is a trust authorized by EPTL 7-1.12 that holds assets for the benefit of a person with a disability without disqualifying that person from means-tested government benefits such as Medicaid and Supplemental Security Income (SSI). Because the funds […]

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]]> Trust vs. Will in New York: The Key Differences https://totaltrustssolutions.com/trust-vs-will-in-new-york/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/trust-vs-will-in-new-york/ The key difference between a trust and a will in New York comes down to probate, privacy, and control during your lifetime. A will is a public document that takes effect only after death and must be filed and proven in the Surrogate’s Court before any asset can be distributed. A trust, by contrast, is […]

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]]> Revocable vs. Irrevocable Trust in New York: Which Do You Need? https://totaltrustssolutions.com/revocable-vs-irrevocable-trust-in-new-york/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/revocable-vs-irrevocable-trust-in-new-york/ If you are choosing between a revocable and an irrevocable trust in New York, the short answer is this: a revocable living trust is the right tool when your primary goals are avoiding probate, protecting your privacy, and planning for incapacity while keeping full control of your assets; an irrevocable trust is the right tool […]

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]]> Irrevocable Trusts and the Medicaid 5-Year Look-Back in NY https://totaltrustssolutions.com/irrevocable-trusts-and-the-medicaid-look-back-in-ny/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/irrevocable-trusts-and-the-medicaid-look-back-in-ny/ An irrevocable trust is one of the most powerful tools New Yorkers have for protecting assets from long-term care costs — but only if it is funded at least five years before you apply for institutional (nursing home) Medicaid. That five-year window is the “look-back” period: when you transfer assets into a properly drafted irrevocable […]

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]]> How to Fund a Trust in New York (and Why It Matters) https://totaltrustssolutions.com/how-to-fund-a-trust-in-new-york/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/how-to-fund-a-trust-in-new-york/ To fund a trust in New York, you must legally transfer ownership of your assets out of your own name and into the name of your trust by retitling deeds, accounts, and beneficiary designations so the trust becomes the new owner. A trust document, no matter how carefully drafted under New York’s Estates, Powers and […]

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]]> Does a Living Trust Avoid Probate in New York? https://totaltrustssolutions.com/does-a-living-trust-avoid-probate-in-new-york/ Fri, 19 Jun 2026 01:28:51 +0000 https://totaltrustssolutions.com/does-a-living-trust-avoid-probate-in-new-york/ Yes. A properly drafted and fully funded revocable living trust avoids probate in New York. When you transfer your assets into the trust during your lifetime, those assets are owned by the trust rather than by you personally. At your death, the assets pass directly to your beneficiaries under the terms of the trust, with […]

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]]> QDOT Trust for Non-Citizen Spouses in New York https://totaltrustssolutions.com/the-qdot-trust-for-non-citizen-spouses-in-new-york/ Mon, 01 Jun 2026 21:30:00 +0000 https://totaltrustssolutions.com/the-qdot-trust-for-non-citizen-spouses-in-new-york/ A New York QDOT trust preserves the marital deduction when one spouse is not a U.S. citizen. Here is a practical checklist of the next steps to take.

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