Every day without a trust plan is a day New York’s default rules govern your estate. Probate becomes public. Incapacity decisions fall to courts. The 2026 estate-tax cliff—where estates above $7,717,500 lose the entire $7,350,000 exemption—narrows the planning window with each passing month.
Why Acting Now Matters
| Risk of Delay | Legal Consequence |
|---|---|
| No revocable trust | Estate enters public Surrogate’s Court probate |
| No irrevocable trust | Medicaid’s 5-year look-back clock hasn’t started (EPTL Art. 7) |
| No SNT | Disabled beneficiary risks losing Medicaid/SSI (EPTL 7-1.12) |
| Taxable estate near cliff | Entire $7.35M exemption potentially wiped out |
A revocable living trust lets you retain full control now while keeping your family out of Surrogate’s Court later. An irrevocable trust requires strategic lead time — time that erodes with inaction. And if a loved one has special needs, only a properly drafted supplemental needs trust preserves their benefits under EPTL 7-1.12.
Morgan Legal Group serves clients across New York — NYC, Long Island, Westchester, the Hudson Valley, and Upstate communities. Attorney Russel Morgan, Esq. brings deep EPTL fluency to every plan.
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