What is the difference between a trust and a will?
A will directs how assets are distributed after death through probate, while a trust can manage assets during life and often operates outside of probate.
Do trusts avoid probate in New York?
Assets properly transferred into a trust generally avoid probate, though certain assets may still require court involvement if not titled correctly.
Can I change a trust after it is created?
Revocable trusts can typically be amended or revoked during your lifetime, while irrevocable trusts are more limited and depend on their terms.
Who should serve as trustee?
The trustee should be someone reliable and capable of managing assets responsibly, and we help clients evaluate appropriate choices.
What happens if a trust is improperly prepared?
Improperly drafted trusts can lead to disputes, administrative delays, or litigation, which is why careful legal drafting is critical.
How can a New York trusts lawyer help?
A trusts lawyer helps ensure trust documents are properly structured, legally enforceable, and aligned with your goals, and at Seligson Law, we guide clients through this process with clarity and attention to detail.
Do I need a lawyer to create a trust in New York?
While it is possible to create a trust without a lawyer, trusts that are not properly drafted or funded often fail to achieve their intended purpose. New York trust law is technical, and errors in drafting, execution, or asset transfer can result in probate, disputes, or unintended tax consequences. Working with a New York trusts lawyer helps ensure the trust is legally valid, properly structured, and aligned with your goals.
What assets should be placed into a trust?
Common assets placed into a trust include real estate, bank accounts, investment accounts, business interests, and personal property. To function properly, a trust must be funded, meaning assets must be retitled in the name of the trust. Assets that are not transferred into the trust may still go through probate, even if a trust exists.
What is the difference between a revocable trust and an irrevocable trust in New York?
A revocable trust allows you to retain control and make changes during your lifetime, making it a popular option for probate avoidance and incapacity planning. An irrevocable trust generally cannot be changed and is often used for asset protection, Medicaid planning, or tax purposes. The right structure depends on your goals, assets, and long-term planning needs.
Are trusts only for wealthy individuals?
No. Trusts are commonly used by individuals and families with a wide range of asset levels. In New York, trusts are often used to avoid probate, manage assets during incapacity, protect privacy, and provide structure for distributions to children or other beneficiaries. Trusts can be tailored to modest or complex estates alike.
Does a trust protect assets from creditors in New York?
Some trusts may offer creditor protection, but not all trusts do. Revocable trusts generally do not protect assets from creditors during the grantor’s lifetime. Certain irrevocable trusts, when properly structured, may offer varying levels of protection. Asset protection depends on timing, trust type, and compliance with New York law.