Estate Planning Attorney in Manhattan
The Basics of Estate Planning
At the Law Offices of Wenarsky and Goldstein, LLC, we believe estate planning isn’t just for the wealthy; every individual and family deserves a tailored plan that fits their circumstances. Proper planning provides meaningful benefits like confidence that your wishes are safeguarded and protection from avoidable taxes and claims. Additionally, they can reduce family disputes and confusion.
By addressing these details now, you offer your loved ones solid protection during times of uncertainty. Moreover, a comprehensive plan developed with our team will include wills and trusts:
Wills
This fundamental document lets you determine how your estate is distributed, name an executor, and select guardians for your children. Without a valid will, New York’s intestacy laws will govern who receives your assets, which can create unnecessary stress for those you leave behind.
Trusts
Trusts provide flexibility and privacy and can reduce or eliminate the need for probate. Whether you’re interested in a revocable living trust, an irrevocable trust, or a special needs trust, establishing the proper structure helps protect your assets from creditors, provide for loved ones with unique needs, and minimize taxes. For example, in New York, estates are typically exempt from state estate taxes if the value of assets passed to beneficiaries (excluding spouses or charities) is below the exemption threshold of $6.94 million (for 2024). No New York estate taxes are owed if the value falls under this limit.
Our typical services for Manhattan clients include:
- Will Drafting: We ensure your will not only conforms with New York law, but also addresses the unique elements of your estate.
- Trust Creation and Management: Our guidance covers the full spectrum of trusts. We often recommend revocable living trusts to bypass lengthy probate proceedings or irrevocable trusts for asset protection and tax strategies.
- Tax Planning: Manhattan estates often face considerable tax exposure; Manhattan real estate is among the most expensive in the world, which can lead to high estate values. We develop customized solutions to minimize your estate’s liability, from leveraging lifetime gift exemptions to creating charitable foundations.
- Advanced Directives: We use powers of attorney, health care proxies, and living wills to help you plan for incapacity and medical decision-making so your preferences are respected.
Your estate plan isn’t static. We recommend revisiting your documents when you experience life changes like marriage, divorce, welcoming a new child, significant financial shifts, or changes in health. At the Law Offices of Wenarsky and Goldstein, LLC, our commitment is ongoing—we’re here for you at every stage of life.
The main statutes and codes that regulate estate planning in New York include:
Estates, Powers and Trusts Law (EPTL)
This is the primary law governing estate planning in New York. It covers various aspects, including the creation and execution of wills, rules for trusts, powers of attorney, and rights of beneficiaries.
Surrogate’s Court Procedure Act (SCPA)
This act governs the procedures in the Surrogate’s Court, which handles probate and estate administration. It covers probate processes, estate administration, guardianships, and adoptions.
Furthermore, New York’s tax laws include provisions on estate taxes and gift taxes, and local banking laws can affect estate planning concerning financial accounts and institutions. Finally, public health laws include regulations on medical directives and living wills.
These laws work together to create the legal framework for estate planning in New York. However, these laws can be complex and subject to change, so it’s often advisable to consult with a legal professional when engaging in estate planning in New York.
Choosing the Right Estate Planning Attorney
Selecting the right attorney is an investment in your family’s security and peace of mind. At the Law Offices of Wenarsky and Goldstein, LLC, we believe in making this critical choice as straightforward as possible.
Here’s what we encourage you to look for:
- Credentials: Our attorneys are licensed to practice in New York and have advanced training and affiliations in trusts, estates, and tax law. Our dedication to ongoing education ensures we’re always current on legislative changes affecting your estate.
- Relevant Experience: We handle estate planning and probate matters daily with a deep understanding of Manhattan real estate, multi-generational planning, and strategies tailored for high-value assets.
- Communication: You deserve precise, timely, and compassionate communication. We take the time to answer questions, explain options, and keep you informed from our first meeting through every update to your plan.
- Focused Experience: If your needs include business succession, special needs trusts, or living trusts, our focused experience ensures thorough, personalized guidance. We’re also proud to be a trusted resource in elder law advocacy.
We recommend coming to your initial consultation with questions related to your goals, unique family dynamics, and how we can tailor our approach. Genuine conversation helps us build a relationship that supports you for the long term.
Choosing a firm with strong local ties and a proven track record means your plan will truly reflect Manhattan’s legal landscape. If you have cross-state or cross-border interests, we also help you assess New Jersey inheritance laws and their interaction with New York property.
Protect Your Future with Skilled Guidance
At the Law Offices of Wenarsky and Goldstein, LLC, we make estate planning approachable. Our mission is to give you the comfort of knowing your family and your legacy are always protected by a comprehensive, thoughtfully-tailored plan. We combine technical know-how with genuine empathy, taking the stress out of complex legal matters so you can move forward with peace of mind.
You don’t need to wait for a significant life event or a crisis to put the proper protections in place. By working with our team, you gain:
- Clear strategies to minimize taxes and maximize what you leave behind
- A detailed, personalized plan reflecting your goals and family needs
- Ongoing guidance, including regular plan reviews as life and law change
- Ready support for your loved ones when the time comes to administer your estate
If you’re ready to take the next step, contact us to schedule an initial consultation. Together, we’ll chart a course that safeguards your assets and secures your legacy for future generations.
Call the Law Office of Wenarsky & Goldstein
At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.
Frequently Asked Questions About Estate Planning in Manhattan
What is the New York State estate tax exemption threshold?
A: For deaths occurring in 2024, the New York State estate tax exemption threshold is $6.94 million. Estates valued below this threshold owe no state estate taxes.
What happens if someone dies without a valid will in New York?
If a person dies without a valid will, their assets are distributed according to New York Estates, Powers and Trusts Law (EPTL) intestacy rules rather than personal wishes.
What is this Confirmation Hearing in a Chapter 13 case?
A: Confirmation is the formal hearing where the court examines the Chapter 13 plan and the plan hopefully is accepted and becomes binding on all creditors in the case. Confirmation hearings generally do not require the Debtor to appear and may, in some cases, be waived by the Trustee if the Plan is sufficiently solid.
What advance directives are used to plan for incapacity in New York?
When should an individual review or update an estate plan?
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