Most New Yorkers come to us with the same honest confession: “I know I need a plan, but I’m not sure where to start or what I actually need.” At Morgan Legal Group, led by Russel Morgan, Esq., we’ve spent years listening to those questions — from families in the Hudson Valley to business owners on Long Island to retirees in Westchester. This page distills what New Yorkers ask most, and what the law actually says.
Who We Are
Morgan Legal Group is a New York trusts and estates practice serving clients statewide — New York City, Long Island, Westchester County, the Hudson Valley, and Upstate New York. We draft, fund, and administer trusts and wills under the New York Estates, Powers and Trusts Law (EPTL), and we guide families through Surrogate’s Court when needed.
What New Yorkers Ask Us Most
“Do I really need a trust, or is a will enough?”
That depends on what you want to avoid. A will must be probated through the Surrogate’s Court — it becomes a public record and can take months (or longer) to process. A revocable living trust passes assets to your beneficiaries privately and without probate. See our full comparison at Trust vs. Will.
“What’s the difference between a revocable and irrevocable trust?”
| Feature | Revocable Living Trust | Irrevocable Trust |
|---|---|---|
| Can you change it? | Yes — at any time | Generally no |
| Avoids probate? | Yes | Yes |
| Reduces NY estate tax? | No — assets stay in your estate | Yes — removes assets from taxable estate |
| Asset protection from creditors? | No | Yes (once funded) |
| Medicaid planning tool? | No | Yes — subject to 5-year look-back |
Learn more: Revocable Living Trust | Irrevocable Trust
“How does New York’s estate tax affect my family?”
New York imposes its own estate tax with a 2026 basic exclusion of $7,350,000. What surprises most families is the cliff: if your estate exceeds 105% of that exclusion — roughly $7,717,500 — your estate loses the entire exemption, not just the overage. Careful planning with an irrevocable trust can keep assets below the cliff. See New York State estate tax guidance.
“My child receives SSI and Medicaid. Can I still leave assets to them?”
Yes — through a Supplemental Needs Trust (SNT), authorized under EPTL § 7-1.12. An SNT holds assets for a disabled beneficiary without disqualifying them from means-tested benefits. This is one of the most consequential planning decisions a family can make, and it must be drafted precisely.
“What does a trustee actually have to do?”
A trustee in New York owes fiduciary duties to every beneficiary: the prudent-investor standard under EPTL Article 11-A, a duty of undivided loyalty, and a duty to account. We help families through every stage of trust administration — including trustee commissions set under SCPA and EPTL commission schedules.
Start with a Conversation
Estate planning is not a product you buy — it is a strategy you build. Schedule a 30-minute consultation with Russel Morgan, Esq. and bring your questions. We will tell you exactly what New York law requires, what your options are, and what makes sense for your family.
For a full overview of how trusts work in New York, visit our Trusts Overview.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .