Most people come to Morgan Legal Group not with a finished checklist but with a list of questions. What exactly is a trust? Do I need one? What happens if I do nothing? At trustsandestateplanning.net, we built this firm around giving New Yorkers plain answers — and then the legal documents to back them up.
Who We Are
Russel Morgan, Esq. founded Morgan Legal Group to serve clients across New York State: from Manhattan to Montauk, Westchester to the Hudson Valley, and across every county Upstate. New York’s trust law — the Estates, Powers and Trusts Law (EPTL) Article 7 — applies statewide, and so does our practice.
The Questions We Hear Most
“Do I really need a trust, or is a will enough?”
A will must pass through the Surrogate’s Court in a public probate process. A trust skips probate entirely, keeps your affairs private, and can manage your assets if you become incapacitated — a will cannot do that while you are alive. Both tools are valid; the right answer depends on your estate’s size and complexity.
“What is 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 taxable estate | Yes, if structured correctly |
| Asset protection? | No | Yes |
| Medicaid look-back? | No | Yes — 5-year look-back applies |
A revocable living trust is the cornerstone of most estate plans: you stay in control, then your successor trustee steps in seamlessly at death or incapacity. An irrevocable trust gives up that flexibility in exchange for real benefits — shielding assets from estate tax, creditors, or Medicaid spend-down.
“What does New York’s estate tax cliff mean for my family?”
New York imposes its own estate tax independent of federal law. In 2026, the basic exclusion is $7,350,000. The dangerous detail: estates valued above 105% of that exclusion — $7,717,500 — lose the entire exemption, not just the overage. That “cliff” can cost a family hundreds of thousands of dollars with no planning. See NY Tax Law § 952 and the estate tax rate schedule.
“Who watches over the trustee?”
Every trustee in New York owes fiduciary duties under the EPTL — including the prudent-investor standard (EPTL Article 11-A), an undivided duty of loyalty to beneficiaries, and an obligation to account. Trust administration is not set-and-forget; proper recordkeeping is legally required.
“My family member has a disability. Can a trust protect their benefits?”
Yes. A Supplemental Needs Trust under EPTL 7-1.12 lets you leave assets for a disabled beneficiary without disqualifying them from Medicaid or SSI.
Ready for Your Own Answers?
Every situation is different. Schedule a 30-minute consultation with Russel Morgan, Esq. and get answers specific to your family and your New York estate.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
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