DISCLAIMER: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein should not be relied upon as a substitute for consultation with a qualified attorney. No attorney-client relationship is created by reading this article.
NOTE: This article discusses general principles of New York estate planning law as of January 2026. Laws and regulations are subject to change, and the application of these principles depends on the specific facts of each case.
Planning for your future is essential, and working with an estate planning attorney in Queens, NY can help you navigate the process of protecting your assets. Both a will and a trust may be important components of a comprehensive estate plan, and a trust may offer certain practical advantages for managing your estate after death. However, the appropriateness of either instrument depends on your individual circumstances, and you should consult with a qualified attorney to determine the best approach for your specific situation.
Benefits of a Trust Over a Will
1. Avoid the Probate Process
One of the most significant reasons to consider a trust over a will is the ability to bypass the probate court. In Queens, NY, even with a simple will, the probate process may take months and typically involves court fees, public records, and potential complications. The actual timeline and costs vary significantly based on the complexity of the estate, the clarity of the will, and whether any disputes arise. A revocable living trust lets you transfer your assets directly to your chosen beneficiaries without the need for court intervention.
By moving assets like your home into the trust’s name while you’re alive, the person you designate as your successor trustee can manage those trust assets according to your instructions after your passing-typically without probate being required for those assets. However, any assets not properly transferred to the trust during your lifetime may still be subject to probate. Additionally, transferring real property to a trust may have tax implications and should only be done after consultation with a qualified attorney and tax advisor.
2. Enhanced Privacy (With Limitations)
Unlike a will, which becomes part of the public record during probate, a trust generally remains private. Once a will is probated, anyone can access details about your assets and who will inherit them. A trust typically keeps these matters confidential, sharing information primarily with those involved, such as the trustee and beneficiaries. However, certain circumstances may require disclosure of trust information, including litigation, creditor claims, or governmental investigations. This privacy can be particularly valuable if you have a significant estate or want to minimize the risk of family disputes or unwanted attention.
3. Plan for Incapacity
Life can be unpredictable, and a trust may offer an effective way to manage your affairs if you become incapacitated. Unlike a will, which only takes effect after death, a revocable living trust allows you to name yourself as trustee and designate a backup trustee. This means that, should you become unable to manage your finances due to illness or injury, your successor trustee may be able to step in without the need for court-appointed guardianship. However, the successor trustee’s authority is limited to assets properly transferred to the trust, and a durable power of attorney may still be necessary to manage assets outside the trust. Additionally, third parties may require additional documentation or court orders before recognizing a successor trustee’s authority, particularly for certain financial institutions or in cases where incapacity is disputed.
4. Greater Control Over Asset Distribution
A trust may provide greater flexibility in how and when your assets are distributed. For example, you can set conditions for your beneficiaries, such as releasing funds for education purposes or only once they reach a certain age, subject to limitations under New York law regarding unreasonable restraints on alienation and public policy. While a will can create similar conditions through testamentary trusts, it often requires court oversight during the probate process, which can lead to delays and added complexity.
Additionally, certain types of trusts, such as Supplemental Needs Trusts (also called Special Needs Trusts), may be appropriate for providing for loved ones with special needs. If you wish to ensure the ongoing care of a family member with a disability without affecting their eligibility for government benefits such as Supplemental Security Income (SSI) or Medicaid, a properly drafted Supplemental Needs Trust that complies with 42 U.S.C. 1396p(d)(4) and New York EPTL 7-1.12 can be structured to accommodate these specific needs. However, these trusts have strict requirements and limitations, and improper drafting or administration can result in loss of government benefits. Consultation with an attorney experienced in special needs planning is essential.
Work with a Queens, NY Estate Planning Attorney
For guidance in creating a trust that may suit your needs, contact DeCandido & Azachi, PLLC. Our estate planning attorneys in Queens, NY are available to help you explore options for protecting your legacy and planning for the distribution of your assets according to your wishes.
Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits.
Contact us today at 347-808-5746 or fill out our contact form to schedule your consultation.
ATTORNEY ADVERTISING: This article constitutes attorney advertising under New York Rules of Professional Conduct. DeCandido & Azachi, PLLC is responsible for the content of this communication. Prior results do not guarantee a similar outcome. © 2026 DeCandido & Azachi, PLLC. All rights reserved.
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