New York Trust & Estate Planning, Done With Professional Precision

A trust is a precision instrument. Drafted correctly, it moves your estate outside the public probate process, manages assets if you become incapacitated, shelters wealth from estate tax, protects a beneficiary’s government benefits, and shields assets from creditors. Drafted carelessly, it does none of these things — and can quietly fail at the exact moment your family needs it most. At Morgan Legal Group, attorney Russel Morgan, Esq. and our team approach every trust the way a compliance officer approaches a regulated filing: every clause is intentional, every funding step is documented, and every instrument is built to satisfy the New York Estates, Powers and Trusts Law (EPTL) Article 7.

We serve clients statewide across New York — New York City, Long Island, Westchester, the Hudson Valley, and Upstate. The county where you live changes which Surrogate’s Court hears a probate; it does not change the standard of care your plan deserves.

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Why “Professionals” — The Law-Firm-Grade Difference

Trust planning is sold by many parties — online template mills, financial advisors, document-preparation services. The difference a law firm brings is statutory accountability. We do not generate a document; we engineer a legal structure that must withstand scrutiny from the IRS, the New York State Department of Taxation and Finance, Medicaid caseworkers, future trustees, and disgruntled heirs. That demands precision in three areas amateurs routinely miss: correct statutory drafting, complete trust funding (retitling assets into the trust — an unfunded trust is just paper), and ongoing fiduciary compliance. Learn more on our Trusts Overview page.

The Core New York Trust Instruments

Trust Type	Primary Purpose	Estate-Tax Effect	Governing Authority
Revocable Living Trust	Avoid probate, privacy, incapacity management	None — assets stay in your taxable estate	EPTL Article 7
Irrevocable Trust	Estate-tax reduction, asset protection, Medicaid planning	Removes assets from the taxable estate	EPTL Article 7
Special / Supplemental Needs Trust	Preserve Medicaid/SSI for a disabled beneficiary	Depends on structure	EPTL § 7-1.12

Revocable Living Trust

A revocable living trust keeps you in complete control: as grantor you may amend or revoke it at any time during your life. Its three professional benefits are precise — it avoids probate, it keeps your affairs private (unlike a will, which becomes a public court record), and it provides seamless incapacity management if you can no longer act for yourself. One point we state plainly because others blur it: a revocable trust does not save estate tax. Because you retain control, the assets remain in your taxable estate. Anyone promising tax savings from a revocable trust is misinformed.

Irrevocable Trust

An irrevocable trust generally cannot be amended or revoked once executed — and that permanence is the source of its power. By surrendering control, you can remove assets from your taxable estate, place them beyond the reach of future creditors, and position them for Medicaid eligibility. Medicaid planning here is unforgiving of timing: New York applies a five-year look-back to asset transfers, so the planning must begin well before care is needed. This is the instrument where professional precision matters most, because the trade-off for its benefits is irreversibility.

Special Needs Trust

A supplemental (special) needs trust under EPTL § 7-1.12 lets you provide for a disabled loved one without disqualifying them from means-tested benefits such as Medicaid and SSI. The drafting must be exact: distributions are limited to supplemental needs so the trust never displaces — and never jeopardizes — the public benefits the beneficiary relies on. See our Special Needs Trust page.

Trustee Duties: The Compliance Layer

Choosing a trustee is choosing a fiduciary, and New York holds fiduciaries to a demanding standard. Under the prudent-investor standard of EPTL Article 11-A, a trustee must invest as a prudent professional would, considering the trust’s purposes and beneficiaries as a whole. A trustee also owes a strict duty of loyalty — acting in beneficiaries’ interests, never the trustee’s own — and a duty to account to the beneficiaries. New York commission schedules for fiduciaries are set by statute under the SCPA and EPTL; we walk every client through how those schedules apply rather than quoting invented figures. Our Trust Administration practice supports trustees in meeting these obligations cleanly.

Trust vs. Will: A Professional Comparison

• Privacy: A trust is private; a will is a public document once filed.
• Process: A trust avoids probate; a will must be probated in the Surrogate’s Court.
• Timing: A trust can take effect during life and manage incapacity; a will operates only at death.
• Control: Both can be precisely tailored — but only a trust controls the transition seamlessly.

A complete plan often uses both, paired with a “pour-over” will. See our full breakdown at Trust vs. Will.

New York Estate Tax 2026 — Mind the Cliff

New York’s estate tax contains a trap that careful planning is designed to avoid. For 2026, the basic exclusion amount is $7,350,000. But New York imposes a “cliff” at 105% of the exclusion — $7,717,500. An estate that exceeds the cliff does not merely pay tax on the excess: it loses the entire exemption and is taxed on the full estate from the first dollar. Professional planning — including credit-shelter and irrevocable trust structures — keeps estates on the right side of that cliff.

2026 NY Estate Tax	Amount
Basic exclusion amount	$7,350,000
Cliff threshold (105%)	$7,717,500
Effect above the cliff	Entire exemption lost

Frequently Asked Questions

Does a revocable living trust reduce my New York estate tax?
No. Because you keep the power to amend or revoke it, the assets remain in your taxable estate. A revocable trust avoids probate and protects privacy — for tax reduction you need an irrevocable structure.

What is the Medicaid five-year look-back?
When you transfer assets into an irrevocable trust for Medicaid planning, New York reviews transfers made in the five years before you apply. Transfers within that window can create a penalty period, which is why this planning must start early.

Will a trust still require a will?
Usually yes. We pair a trust with a “pour-over” will to capture any asset not retitled into the trust during life. The trust avoids probate for funded assets; the will is a safety net.

Who can serve as my trustee, and what are they bound to do?
Any competent adult or qualified institution may serve. Once appointed, a trustee is bound by the prudent-investor standard (EPTL Article 11-A), a duty of loyalty, and a duty to account to beneficiaries.

Do you work with clients outside New York City?
Yes. We plan for clients throughout New York State — Long Island, Westchester, the Hudson Valley, and Upstate — under one consistent, EPTL-compliant standard.

Build a Trust That Performs Under Pressure

Your estate plan will be read, applied, and tested long after the meeting ends — by courts, agencies, and the people you love. Make sure it was built to that standard.

Book your 30-minute consultation with Russel Morgan, Esq. →

Authoritative references: EPTL on the New York State Senate site, NY estate tax guidance.