Wills and Trusts Lawyer in Queens & NYC

By Roman Aminov,

Celebrated for extensive experience helping New York families choose between wills, trusts, and blended estate plans, with hundreds of heartfelt client testimonials, Roman Aminov delivers thoughtful, individualized solutions to our clients' needs and wishes.

Wills and Trusts Lawyer in Queens & NYC

Every New York family faces the same threshold question when they sit down to plan their estate. Should you rely on a will, set up a trust, or build a plan that uses both? The answer depends on your assets, your family structure, and how much time and expense you want your loved ones to deal with after you're gone. We help families across all five boroughs make that choice with confidence, and we want you to understand why the distinction matters so much under New York law.

Why the Will-or-Trust Decision Carries Real Weight in New York

A Last Will and Testament tells Surrogate's Court exactly how to distribute your assets after death. It is legally straightforward, relatively inexpensive to prepare, and it lets you name guardians for minor children. But every will must pass through New York's probate process before a single dollar moves. Probate in the city routinely takes seven to fifteen months, sometimes longer, and everything filed becomes part of the public record. For families with modest, uncomplicated holdings, that timeline may be perfectly acceptable.

A trust, on the other hand, can start working the moment you fund it. A revocable living trust lets you manage your own assets during your lifetime, amend terms whenever circumstances change, and then transfer everything to beneficiaries privately and without court involvement once you pass away. We often recommend trusts for families who own real estate in multiple states, want to protect a special-needs beneficiary, or simply want to spare their heirs from Surrogate's Court altogether.

• Probate Bypass: A properly funded trust keeps assets out of Surrogate's Court, saving months of waiting and thousands in fees.
• Privacy Assurance: Unlike a probated will, a trust never becomes part of the public record, keeping family finances confidential.
• Incapacity Coverage: A revocable trust names a successor trustee who can step in immediately if you become unable to manage your own affairs, avoiding a costly guardianship proceeding.

When a Will Still Makes Sense

Not every situation calls for a trust. If your estate is relatively simple, if your primary goal is naming a guardian for your children, or if your assets already pass through beneficiary designations and joint ownership, a well-drafted will may be all you need. We never push families toward more complexity than the situation warrants.

• Guardian Designation: Only a will can name a legal guardian for minor children in New York. Even families with trusts need a will for this reason alone.
• Cost Efficiency: Will preparation typically costs less up front, making it a practical starting point for younger families still building wealth.
• Safety Net Function: A "pour-over" will catches any assets you forgot to transfer into your trust during your lifetime, funneling them into the trust after probate.

How Irrevocable Trusts Protect Assets and Medicaid Eligibility

For families thinking ahead to long-term care, an irrevocable trust plays a different and powerful role. Once you transfer assets into this type of trust, those assets are no longer counted as yours for Medicaid eligibility purposes. New York applies a five-year look-back period for nursing home Medicaid, which means the trust must be funded at least sixty months before you apply. Families who plan early can preserve a home, savings, and investments that would otherwise be spent down to qualify.

• Medicaid Shielding: Assets held in a properly structured irrevocable trust fall outside Medicaid's asset calculation after the look-back period expires.
• Estate Tax Strategy: For estates approaching New York's $7.16 million exemption threshold (2025), irrevocable trusts can reduce the taxable estate and prevent exposure to the state's aggressive "cliff" tax rule.
• Legacy Preservation: Irrevocable trusts let you dictate exactly how and when beneficiaries receive distributions, protecting inheritances from creditors and poor financial decisions.

Let Our Team Build the Right Plan for Your Family

The best estate plans often combine both instruments. A trust handles the heavy lifting of asset management and probate avoidance, while a pour-over will serves as a backstop and names guardians for children. We work with families throughout Queens, Brooklyn, Manhattan, the Bronx, and Staten Island to design plans that fit their real lives, not a one-size template.

Visit us at https://www.aminovlaw.com/ or call us at 347-766-2685 to get your free consultation.