Most people who contact us do not know exactly what type of trust they need — they know they have a problem to solve: avoiding probate, protecting a child with a disability, reducing a taxable estate, or taking over as successor trustee after a loved one has passed. Our job is to convert that uncertainty into a clear, sequenced action plan under New York law.
Morgan Legal Group, led by Russel Morgan, Esq., serves clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York. We work entirely within New York State law, which means every recommendation we make is grounded in the NY Estates, Powers and Trusts Law (EPTL) — not a generic national template.
What We Actually Do: A Checklist View
We organize every engagement around concrete next steps. Here is the sequence most clients move through:
- Identify the goal — probate avoidance, incapacity planning, estate-tax reduction, asset protection, or Medicaid eligibility.
- Select the right trust structure — revocable or irrevocable, with the correct sub-type for your situation.
- Draft and execute — the trust instrument must meet EPTL Article 7 formalities.
- Fund the trust — an unfunded trust does not avoid probate. We guide the transfer of real property, accounts, and other assets.
- Administer during life — for revocable trusts, ongoing amendments and asset management.
- Administer at death or incapacity — successor trustee duties, accountings, and distributions under EPTL Article 11-A’s prudent-investor standard.
Trust Types We Handle
| Trust Type | Primary Purpose | Key NY Rule |
|---|---|---|
| Revocable Living Trust | Avoid probate; manage incapacity | EPTL Art. 7 — assets remain in taxable estate |
| Irrevocable Trust | Estate-tax reduction; asset protection | EPTL Art. 7 — generally cannot be amended |
| Special Needs Trust | Preserve Medicaid/SSI for disabled beneficiary | EPTL 7-1.12 — Medicaid 5-year look-back applies |
| Trust Administration | Successor trustee duties after death/incapacity | EPTL Art. 11-A — prudent-investor + duty to account |
For a side-by-side comparison of whether a trust or a will fits your situation, see our Trust vs. Will guide.
Why the 2026 NY Estate-Tax Cliff Matters Now
New York’s basic exclusion for 2026 is $7,350,000. Estates that exceed 105% of that figure ($7,717,500) hit the “cliff” and lose the entire exemption — not just the excess. A properly structured irrevocable trust, planned in advance, can keep an estate below that threshold. Waiting until an estate is over the cliff leaves few options. See Tax.NY.gov for current rate schedules.
Ready to Take the Next Step?
A 30-minute call is enough to map out which trust structure fits your goals and what documents you need to start.
Schedule a consultation with Russel Morgan, Esq.
For a full overview of how New York trusts work, start with our Trusts Overview.
Further reading from Morgan Legal Group: how trusts work in New York.