Most trust and estate problems in New York are not discovered at the drafting table. They surface years later — during incapacity, at death, or on a Medicaid application — when the cost of fixing them is highest. The attorneys at Morgan Legal Group help New Yorkers across the state avoid these traps before they close.
The Mistakes That Bring Clients to Us
New York trusts are governed by EPTL Article 7. These are the errors we see most often:
| Common Mistake | Why It Hurts in New York |
|---|---|
| Choosing a revocable trust to cut estate taxes | A revocable living trust does NOT remove assets from your taxable estate — tax planning requires an irrevocable structure |
| Ignoring the 2026 cliff | NY excludes up to $7,350,000; estates exceeding 105% of that ($7,717,500) lose the entire exemption |
| Skipping a trust for a disabled heir | Without an SNT under EPTL 7-1.12, an inheritance can disqualify a beneficiary from Medicaid or SSI |
| DIY trustee management | Trustees owe a prudent-investor duty under EPTL Article 11-A; breaches trigger personal liability — see trust administration |
| Choosing a will when privacy matters | Wills are probated publicly in Surrogate’s Court; a trust remains private |
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Morgan Legal Group serves clients throughout New York — NYC, Long Island, Westchester, the Hudson Valley, and Upstate. Attorney Russel Morgan, Esq. reviews your situation and builds a plan around your specific exposure.
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Further reading from Morgan Legal Group: how trusts work in New York.