Nassau County Wills and Trusts Attorney

Sound Legal Advice for All of Your Trust Matters

Estate planning is an essential step in ensuring that your assets and legacy are distributed according to your wishes. For families in Nassau County, Adler Law Firm, PLLC offers comprehensive legal services that focus on wills, trusts, and other vital estate planning tools. Our experienced attorneys understand the complexities of estate law and are dedicated to helping families protect their assets and provide for future generations.

To schedule a consultation and learn more about our Nassau County trust services, contact us online at 516-740-1184.

What Is a Trust?

A trust is a legal arrangement in which one party, known as the trustee, holds and manages assets on behalf of another party, called the beneficiary. The creator of the trust, known as the grantor, transfers ownership of specific assets into the trust. Trusts are often used to manage and distribute assets in a structured manner, either during the grantor’s lifetime or after their death.

Trusts can be tailored to fit a variety of estate planning goals, from reducing taxes to providing for minor children or family members with special needs. Trusts offer flexibility in how assets are handled and distributed, making them a popular choice for many individuals and families.

Types of Trusts

When considering a trust, it is essential to understand the different types available and their benefits. Some common types of trusts include:

• Revocable Living Trust: A revocable trust allows the grantor to maintain control over their assets during their lifetime and make changes or revoke the trust as needed. Upon the grantor’s death, the assets in the trust are transferred to beneficiaries without the need for probate, offering privacy and efficiency.
• Irrevocable Trust: Once an irrevocable trust is created, it cannot be altered or revoked without the consent of the beneficiaries. This type of trust is commonly used for tax planning and asset protection, as the assets transferred into the trust are no longer considered part of the grantor’s estate for tax purposes.
• Testamentary Trust: This type of trust is created through a will and does not take effect until after the grantor’s death. Testamentary trusts are often used to provide for minor children or individuals with disabilities.
• Special Needs Trust: Designed to provide for a beneficiary with a disability, this trust allows the individual to receive financial support without jeopardizing eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI).
• Charitable Trust: A charitable trust is established to benefit a specific charity or cause. It allows the grantor to contribute to a charitable organization while also receiving tax benefits.

What Is a Will?

A will is a legal document that outlines how an individual’s assets and property should be distributed after their death. It also allows the individual, known as the testator, to designate an executor to manage the estate and ensure that the terms of the will are carried out.

A will is essential for anyone who wants to have control over their estate and ensure that their assets are distributed according to their wishes. Without a will, the state’s intestacy laws will determine how your estate is divided, which may not align with your desires.

How a Will Protects Your Estate

A will provides several key protections for your estate:

• Asset Distribution: A will ensures that your assets are distributed according to your instructions, rather than being subject to state laws.
• Appointment of Guardians: If you have minor children, a will allows you to appoint a guardian to care for them in the event of your death.
• Executor Appointment: A will allows you to designate a trusted individual to manage your estate, pay debts, and distribute assets to your beneficiaries.
• Avoiding Intestacy Laws: Without a will, your estate may be distributed according to intestacy laws, which may not reflect your wishes. Having a will ensures that you control who inherits your assets.

Benefits of a Trust

Trusts offer several benefits that make them an attractive option for estate planning:

• Avoiding Probate: Assets placed in a trust bypass the probate process, allowing for faster distribution to beneficiaries and reducing legal fees and court involvement.
• Privacy: Unlike wills, which become part of the public record during probate, trusts remain private, keeping the details of your estate confidential.
• Tax Benefits: Certain types of trusts, such as irrevocable trusts, can help reduce estate and gift taxes, protecting more of your assets for your beneficiaries.
• Control Over Asset Distribution: Trusts allow you to set specific terms for how and when your assets are distributed, ensuring that your wishes are followed even after your death.
• Protection for Beneficiaries: Trusts can be used to protect vulnerable beneficiaries, such as minors or individuals with special needs, by managing assets on their behalf until they are ready to assume control.

Benefits of a Will

A will offers unique advantages that make it a vital component of any estate plan:

• Simplicity: Wills are relatively straightforward to create and provide clear instructions on how your estate should be handled.
• Cost-Effective: Drafting a will is generally less expensive than creating a trust, making it an accessible option for individuals with smaller estates.
• Guardian Designation: One of the most important aspects of a will is the ability to name guardians for minor children, ensuring their care in the event of your death.
• Flexibility: A will can be updated or amended as your life circumstances change, allowing you to adapt your estate plan over time.

Reasons to Choose a Will Over a Trust

While trusts offer many advantages, there are several reasons why an individual might choose a will as their primary estate planning tool:

• Lower Costs: Wills are generally less expensive to create and administer than trusts, making them a cost-effective option for individuals with smaller estates.
• Simple Estate Structure: If your estate is relatively simple and straightforward, a will may be sufficient to distribute your assets and ensure that your wishes are followed.
• No Immediate Need for Asset Management: If you do not need to manage or protect assets during your lifetime, a will may be a simpler solution than creating a trust.

Reasons to Choose a Trust Over a Will

For many individuals, a trust offers significant advantages over a will, including:

• Avoiding Probate: One of the primary reasons individuals choose a trust is to avoid the lengthy and costly probate process, ensuring that beneficiaries receive their inheritance more quickly.
• Greater Control: Trusts allow you to establish specific conditions for how your assets are managed and distributed, offering greater control over your estate than a will.
• Privacy: Trusts offer the benefit of privacy, as they do not become part of the public record like wills do during probate.
• Protection Against Challenges: Trusts are generally more difficult to challenge in court than wills, offering greater protection against disputes among heirs.

How Adler Law Firm, PLLC Can Help

At Adler Law Firm, PLLC, we are committed to helping families across Nassau County protect their estates through comprehensive wills and trusts services. Our experienced attorneys will work closely with you to understand your unique needs and goals, ensuring that your estate plan reflects your wishes.

Whether you need help drafting a will, setting up a trust, or developing a more complex estate plan that includes both, we have the expertise to guide you through every step of the process. With our knowledge of New York estate laws and a personalized approach, we will help you secure your legacy and provide for your loved ones.

Find out more about your will and trust planning needs. Schedule a consultation with our experienced trust attorneys in Nassau County by calling 516-740-1184.