Not every estate-planning firm approaches trust law as a compliance discipline. At Morgan Legal Group, we do. Attorney Russel Morgan, Esq. built this practice on the conviction that a trust is only as strong as the drafting precision, statutory accuracy, and fiduciary discipline behind it — and that New York clients deserve counsel who holds that standard.
We serve individuals, families, and fiduciaries across the full state: New York City, Long Island, Westchester, the Hudson Valley, and Upstate communities, each with its own planning considerations under the same statewide framework of the New York Estates, Powers and Trusts Law (EPTL).
What “Professional-Grade” Trust Planning Means
The phrase trust professional carries weight here. It means we read the statute before we draft the document, that we track legislative and exclusion changes each year, and that we explain trade-offs — not just options.
The Statutory Framework We Work Within
All New York trusts are governed by EPTL Article 7. Every service we offer is built on that foundation:
| Trust Type | Primary Purpose | Key Rule |
|---|---|---|
| Revocable Living Trust | Probate avoidance, privacy, incapacity management | Grantor retains full control; assets remain in taxable estate |
| Irrevocable Trust | Estate-tax reduction, asset protection, Medicaid planning | Generally cannot be amended after execution; Medicaid 5-year look-back applies |
| Supplemental / Special Needs Trust | Preserve Medicaid and SSI eligibility for a disabled beneficiary | Authorized under EPTL § 7-1.12 |
One point we raise at every initial consultation: a revocable living trust does not reduce your New York estate tax. Assets you control remain in your taxable estate. If tax reduction is the goal, the instrument must be irrevocable — and the drafting requirements are correspondingly more exacting.
The 2026 New York Estate Tax Cliff
New York’s estate tax exclusion for 2026 is $7,350,000. What most advisors underemphasize is the cliff: once a taxable estate exceeds 105% of the exclusion ($7,717,500), the entire exemption is eliminated and the tax is calculated on the full estate value. Precision planning — coordinating revocable and irrevocable trust structures — is not optional for estates near that threshold.
Fiduciary Duties We Draft Around
We draft every trust with the trustee’s legal obligations in view. Under EPTL Article 11-A, trustees are held to the prudent-investor standard. They also carry a duty of loyalty and a duty to account to beneficiaries. Understanding trust administration obligations before a trustee accepts appointment is part of professional-grade planning.
Trust vs. Will: The Structural Choice
The foundational decision in any New York estate plan is whether a trust belongs in the plan at all. Our trust vs. will analysis covers the practical difference: a will is a public record probated in the Surrogate’s Court; a trust is private and bypasses probate entirely. For many clients, privacy and speed of transfer are reason enough. For others, the calculus is more nuanced — and that is exactly the conversation we have. See our trusts overview for a full breakdown.
Work With Us
If you want trust counsel that cites the statute, explains the cliff, and drafts for the trustee as carefully as for the grantor, Morgan Legal Group is the right firm.
Schedule a consultation with Russel Morgan, Esq.
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