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Putting a plan in place for your family’s future is one of the most practical steps you can take as a Long Island homeowner, business owner, or parent. Without a properly drafted will, trust, or power of attorney, New York’s default rules decide who receives your property and who makes decisions if you become incapacitated. That can mean court involvement, delays, and outcomes that don’t match what you actually wanted for your spouse, children, or other loved ones.
At Russell Law, we help Long Island clients build estate plans that reflect their actual goals rather than a generic template. Our work covers wills, trusts, powers of attorney, health care proxies, and the coordination needed between estate planning and Medicaid or estate tax exposure. We talk with clients in plain language about what each document does and why it matters, so you can make informed decisions rather than sign paperwork you don’t fully understand.
Every family’s situation is different, whether you own a home in Nassau or Suffolk County, run a small business, or are trying to plan for a loved one with special needs. The sections below explain the documents and rules that most often come up in Long Island estate planning, along with how New York law shapes the choices you have.
You can reach out to us by filling out this form or calling us at (631) 669-4152.
Planning Your Estate on Long Island
Long Island’s high property values mean that even a modest estate plan often has to account for real estate, retirement accounts, and taxable assets that push a family closer to New York’s estate tax thresholds than they expect. A plan that works for a renter in another state may leave a homeowner here exposed to probate delays or unnecessary tax consequences. We build plans around your actual assets and family structure instead of a one-size-fits-all form.
Common Assets We Help You Protect
Most of our clients are working through a mix of a primary residence, a vacation property, retirement accounts, life insurance, and sometimes a family business or rental property. Each of these assets has its own rules for how it transfers at death, and some pass automatically through beneficiary designations regardless of what your will says. We review your full asset picture so nothing slips through a gap between your will, your trust assets, and your bank account paperwork.
When to Start or Update Your Plan
Marriage, divorce, the birth of a child, a new home purchase, or a change in health are all good reasons to start or revisit an estate plan. Waiting until a health crisis forces the issue often limits your options and can lead to a court-supervised guardianship proceeding instead of a plan you control. We recommend reviewing an existing plan every few years, or immediately after any major life event.
Wills, Trusts, and Core Planning Documents
A will directs how your probate assets are distributed and lets you name an executor to carry out your wishes and a guardian for minor children. Without one, New York’s intestacy rules decide who inherits, and that distribution scheme may not match your intentions at all. We draft wills that are clear enough to withstand a challenge and specific enough to avoid ambiguity during administration.
Revocable and Irrevocable Trusts
A revocable living trust can help your estate avoid the probate process, keep your affairs private, and provide a smoother transition if you become incapacitated before death. Irrevocable trusts serve different purposes, including Medicaid planning and reducing exposure to New York’s estate tax. We help clients understand which type of trust actually fits their goals, since the two serve very different functions despite the similar name.
Powers of Attorney and Health Care Proxies
A power of attorney lets you name an agent to handle your financial affairs if you can’t manage them yourself, and New York law requires the document to meet specific execution and content standards under the statutory power of attorney rules. A health care proxy separately names someone to make medical decisions on your behalf if you’re unable to do so. Both documents are inexpensive relative to the protection they provide, and both should be part of even a basic estate plan.
Estate and Medicaid Tax Planning
New York imposes its own estate tax separate from the federal system, and the state’s basic exclusion amount for 2026 is $7,350,000 per individual. Unlike the federal system, New York applies a “cliff,” meaning that once an estate’s value exceeds roughly 105% of the exclusion amount, the entire estate becomes taxable rather than just the amount above the threshold. This makes proactive planning especially important for Long Island homeowners whose real estate and retirement accounts can push them into that range without realizing it.
Medicaid Asset Protection Planning
Long-term care costs are one of the biggest threats to an otherwise well-built estate plan, and Medicaid planning generally has to start years before care is actually needed. New York applies a five-year look-back period for nursing home Medicaid eligibility, meaning transfers made within that window can trigger a penalty period of ineligibility.
An irrevocable Medicaid asset protection trust is one option some families use to start that clock early while retaining the right to live in and use a family home.
Coordinating Tax and Long-Term Care Strategies
Estate tax planning and Medicaid planning don’t always point in the same direction, since a strategy that reduces taxable estate value isn’t automatically the right move for long-term care eligibility. We look at both issues together rather than in isolation, since a trust designed for one purpose can undermine the other if it isn’t drafted carefully. Getting this coordination right early gives a family more options later, when a health crisis leaves less time to plan.
You can reach out to us by filling out this form or calling us at (631) 669-4152.
Probate, Estate Administration, and What Happens Next
When someone dies with a will, that will generally has to be admitted to probate in New York’s Surrogate’s Court before an executor can distribute assets. The process involves notifying beneficiaries and next of kin, filing the will and a petition, and, depending on the estate, addressing any objections that are raised. We guide executors through each filing step so the administration moves forward without unnecessary delay.
Avoiding Probate Delays
Missing beneficiaries, unclear asset titling, and disputes among family members are common reasons a probate case slows down. Assets held in a properly funded trust, or accounts with up-to-date beneficiary designations, bypass probate entirely and reach beneficiaries faster. We review existing account titling and beneficiary forms as part of the planning process, since a plan is only as good as the paperwork behind it.
Updating Plans After Life Changes
An estate plan drafted a decade ago may no longer reflect your current family, assets, or the law itself, particularly given how often New York’s estate tax exclusion amount changes each year. We recommend clients revisit their documents after a marriage, divorce, death in the family, or significant change in asset value. A short review now is far less costly than an outdated plan that creates confusion or litigation later.
Long Island Estate Planning FAQ
Here are answers to a few questions Long Island clients frequently ask that go beyond the planning basics covered above.
Do I Need Both a Will and a Trust?
Not every estate plan requires a trust, but many Long Island homeowners benefit from having both. A will still covers guardianship nominations and any assets not held in the trust, while the trust can help specific property avoid probate. Whether you need one or both depends on your assets, your goals, and whether avoiding probate or Medicaid exposure is a priority.
What Happens if I Die without a Will in New York?
If you die without a valid will, New York’s intestacy laws decide who inherits your property, generally favoring a spouse and children in fixed shares. This process does not consider any informal wishes you may have expressed to family members. It also means you lose the ability to choose a guardian for minor children or name an executor you trust.
Can I Change My Estate Plan After It’s Signed?
Yes, wills and revocable trusts can generally be amended or revoked as long as you have the capacity to do so. Irrevocable trusts are more limited by design, though certain modifications may still be possible depending on the trust’s terms. Reviewing your plan periodically helps make sure it still reflects your wishes and current law.
How Long Does Estate Administration Typically Take in New York?
The timeline varies widely depending on the size of the estate, whether the will is contested, and how quickly assets can be located and valued. Simple, uncontested estates may move through Surrogate’s Court in several months, while more complicated administrations can take a year or longer. Clear, well-organized documents at the outset tend to shorten the process considerably.
