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What Is a Special Needs Trust in New York? (EPTL 7-1.12)

A special needs trust (also called a supplemental needs trust, or SNT) in New York is a legal arrangement that holds money and property for a person with a disability without disqualifying that person from means-tested government benefits such as Medicaid and Supplemental Security Income (SSI). It is authorized by EPTL 7-1.12 of New York’s Estates, Powers and Trusts Law,

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Revocable vs. Irrevocable Trust in New York: Which Do You Need?

The short answer is this: most New Yorkers who simply want to avoid probate, keep their affairs private, and plan for possible incapacity should start with a revocable living trust, because it lets you stay in full control of your assets while you are alive. But if your real goals are reducing New York estate tax, protecting assets from creditors,

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Protecting Your Assets With a Trust in New York

Can a trust really protect your assets in New York? Yes — but only the right kind of trust, structured the right way. A properly drafted trust governed by New York’s Estates, Powers and Trusts Law (EPTL) Article 7 can let you avoid probate, keep your affairs private, plan for incapacity, reduce estate tax, shield assets from creditors, and qualify

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How to Fund a Trust in New York (and Why It Matters)

To fund a trust in New York, you formally transfer ownership of your assets out of your individual name and into the name of the trust — by retitling deeds, bank and brokerage accounts, and business interests, and by updating beneficiary designations where appropriate. This step matters more than most people realize: a trust only controls the property you actually

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Does a Living Trust Avoid Probate in New York?

Yes. A properly created and properly funded revocable living trust avoids probate in New York for the assets it holds. When you transfer assets into a living trust during your lifetime, those assets are no longer owned by you as an individual — they are owned by the trust. Because there is nothing to “prove” in the Surrogate’s Court, your

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Can You Change or Decant an Irrevocable Trust in New York?

Yes — and that surprises most people. While an irrevocable trust is, by design, intended to be permanent and “cannot be amended” by the grantor at will, New York law does provide limited, well-defined pathways to change one. You can sometimes modify an irrevocable trust by the consent of all interested parties, by a court proceeding, or — most powerfully

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