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What Is a Special Needs Trust in New York? (EPTL 7-1.12)

A special needs trust (also called a supplemental needs trust, or SNT) in New York is an irrevocable trust, authorized by EPTL 7-1.12, that holds assets for the benefit of a person with a disability without disqualifying that person from means-tested government benefits such as Medicaid and Supplemental Security Income (SSI). Because the trust — not the disabled individual —

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Protecting Your Assets With a Trust in New York

You protect your assets with a trust in New York by transferring ownership of property into a legal arrangement—governed by the New York Estates, Powers and Trusts Law (EPTL) Article 7—that holds and manages those assets for your benefit and the benefit of the people you choose. Depending on the type of trust, this single document can let you avoid

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Irrevocable Trusts and the Medicaid 5-Year Look-Back in NY

An irrevocable trust is one of the most powerful Medicaid-planning tools available in New York — but it only works when it is funded well ahead of need, because assets transferred into the trust are subject to a 5-year look-back for nursing-home (institutional) Medicaid. In plain terms: when you apply for long-term-care Medicaid in New York, the agency reviews the

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How to Fund a Trust in New York (and Why It Matters)

To fund a trust in New York, you must legally transfer ownership of your assets into the name of the trust after the trust document is signed. This means retitling bank and brokerage accounts, recording a new deed for real estate, updating beneficiary designations, and assigning personal property to the trustee. A trust that is signed but never funded is,

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Does a Living Trust Avoid Probate in New York?

Yes. A properly drafted and fully funded revocable living trust avoids probate in New York. Assets you transfer into the trust during your lifetime pass directly to your beneficiaries under the terms of the trust, without ever entering the Surrogate’s Court probate process. That single sentence answers the headline — but it carries an important condition. The trust only works

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