Long Island Estate Planning Lawyers

Skilled Legal Help For Future Planning: Trusted Law Firm in Long Island

Mourning the death of a loved one can be a time filled with extreme emotions, from overwhelming grief to strained family relationships—which can be made worse over disagreements about the distribution of the deceased person’s estate. At this time, a lack of estate planning can devastate the surviving family members. At Davidov Law Group, our founding partners, a husband-wife team, have personally experienced the catastrophic effects of having a family member die without an estate plan. Our award-winning legal team has dedicated our practice to helping families avoid such a disaster.r community.

Protecting Your Loved Ones With Customized Estate Planning

While we admit that planning for your death may not be most people’s first choice in how to spend their time, estate planning is a critical process that more Americans should think about. Even if you are not ultra-wealthy, you have worked hard for your possessions. Your children, spouse, and grandchildren deserve the best protection when they move forward after your death. The best way to ensure they have access to the assets you want to pass on is to establish an estate plan, no matter what your age.

When determining such vital matters as establishing inheritance, guardianship for minor children, a healthcare proxy, and more, you need an experienced New York estate planning attorney to help you make the right decisions for your family. The compassionate legal team at Davidov Law Group will listen carefully to your goals and help you create the best estate plan for your unique situation.

What are the Risks of Lacking Estate Planning?

Dying without a will is known as dying intestate and can lead to severe issues for surviving family members. In the State of New York, individuals who do not have an estate plan may have their possessions go through probate court. In this process, a judge decides who inherits what assets according to state law.

The deceased person’s assets are usually distributed to close family members, but your loved ones will have no control over who gets what. It is easy to see why this can lead to devastating results. Many families have been torn apart because of a dispute regarding assets belonging to a person who died intestate.

Furthermore, stepchildren, friends of the decedent, charities, and other possible beneficiaries of the person who died will receive nothing. Business owners and other individuals with extensive assets could expose their assets to debts owed by business partners or other co-owners. If your heirs are minors, there will be no way to delay an inheritance until they are older.

Some other problems with lacking an estate plan are:

You will have no control over who distributes your estate, as the court will determine this.
The court will appoint a guardian for your children rather than you picking who will raise them.
A court-appointed guardian will make your financial and medical decisions.
You could accidentally dis-inherit your loved ones.
Your family members will have to go through the expensive and time-consuming probate process, also known as the surrogate’s court.
Family relationships could become strained or even destroyed because of disputes.
Your tax burden could be increased if you don’t include essential asset protection tools like trusts.

Please don’t leave your loved ones’ futures in such an uncertain condition. Take the simple step today of meeting with an estate planning lawyer to discuss preparing the estate planning documents you need. Contact us at (516) 253-1366 right away to schedule your consultation!

What are Some Basic Aspects of an Estate Plan?

One of the beautiful things about estate planning and elder law is the incredible flexibility of crafting an estate plan. Every person’s situation and family is different, and there are many tools to help give your surviving loved ones the life you imagined.

Some common estate planning documents that we use for many of our clients include:

Last will and testament – A will is the foundation of your estate plan and is especially important if you have minor children. In your will, you can name beneficiaries and designate a guardian for any surviving minor children and pets.
Trust – A legal entity that holds property for the benefit of someone else, often used to protect assets, avoid probate, and minimize estate taxes
Living will – A living will provides instructions for the types of medical care you do or do not want, such as decisions about life support or DNR (Do Not Resuscitate) orders, if you become incapacitated. It helps ensure that your medical decisions align with your values and are followed by your medical providers.
Power of attorney – The power of attorney document gives legal authority to an agent you name who can act on your behalf. Their duties include making decisions regarding many aspects of life, such as property, business decisions, finances, investments.
Health care proxy – Unlike a power of attorney, a health care proxy may only make decisions regarding your medical care. This is sometimes known as an advanced directive and may include instructions for your end-of-life care.
Beneficiary designations – These apply to retirement accounts, insurance policies, and other financial accounts, specifying who should inherit these assets upon your death.

Why is a Will so Important?

Most people understand that a will is an integral part of an estate plan, but they need to fully understand what wills do, and why these documents are so important.

A Will Names Your Beneficiaries

Naming the beneficiaries of your inheritance is a commonly understood aspect of creating a will. While wills don’t offer as much flexibility as trusts regarding when and how assets are to be distributed, they play an essential role in avoiding disputes over your possessions. Many New York estates still need to go through probate, even with a will. But this process is greatly simplified with a will in place.

The Will Designates a Guardian for Minor Children

Having a will in place is a must if you have minor children because it indicates who will become their guardian if both parents die. Without a will, the state will choose the guardian. While this is usually a close family member, it might not be someone you would have chosen. With a will, you have control over who will raise your children.

The Will Indicates a Trustee to Distribute the Inheritance

The person chosen to administer your estate (an executor) is a critical matter. If the court has to assign someone, they will usually pick a close family member. But if you have an estate plan in place, you can choose a person you trust for a high level of loyalty to your wishes when distributing your assets following your death.

What is a Trust?

Trusts differ from wills, even though some of their functions are similar. With a trust, your assets may be held in such a way that they are protected from creditors while you are alive and after your death; this protection is primarily afforded by irrevocable trusts. Trusts also help minimize taxes due on your wealth.

One of the most important advantages of having a trust in your estate plan is that you have a great deal of control over who inherits your wealth and how it is distributed. As grantor or creator of the trust, you can indicate virtually anyone you like as a beneficiary. You may also establish terms restricting when and how the funds are dispensed. The function of the trust will depend on what kind of trust you choose.

We have helped clients create a wide variety of trusts, including:

Living trusts – In a living trust, the grantor may also be a beneficiary. This means your assets will be protected, but you may still be able to access your wealth.
Charitable remainder trusts – With charitable remainder trusts, the grantor may select a favorite charity as a beneficiary of the trust.
Special needs trusts – Special needs trusts are intended for individuals who wish to care for a loved one with special needs after the trust creator has passed away or become incapacitated.

What Do Estate Planning Lawyers Do?

Estate planning lawyers are your allies in securing your legacy in the way that best matches your goals and your family’s needs. Some clients come to us and are not sure what their goals are. We will help you determine what you want for your loved ones should you pass away or become incapacitated, then find the estate planning documents that work best for your situation.

Estate planning lawyers simplify your life and help you prepare for the future in many ways, including:

Creating a will, trust, or both that matches your goals and family’s needs
Minimizing your tax burden through the use of gifts, ownership strategies, trusts, and more
Helping you determine who to assign as guardian for your minor children, health care proxy, and power of attorney as necessary
Updating your estate plans as your situation changes, such as in a divorce or the birth of a child
Helping your surviving family members avoid probate, giving them the protection and privacy they deserve

Contact our talented legal team immediately for help to understand the pieces needed in an effective estate plan to suit your situation. We invite you to find out how we can help you with the estate planning process.

Should You Hire Our Estate Planning Attorneys?

Thinking about one’s death is never a cheerful prospect. But a small amount of effort and planning today can pay huge dividends for your family when you die. You can minimize the estate taxes due, assign beneficiaries, indicate how they will receive their inheritance, protect your assets from creditors, and give instructions on handling your affairs should you become incapacitated.

Don’t leave these critical matters up to chance. Give your loved ones the best chance for a bright future and protect the wealth you have worked so hard to create. Contact Davidov Law Group for lawyers who understand the estate planning process and will stand by your side while creating the perfect estate plan for you.

Our founding attorneys are a husband-wife team who have personally experienced the devastation that comes when a family member dies without the right estate plan. We are honored to help our clients avoid the same catastrophe and would love to speak with you in an estate planning consultation. Please reach out to us today to schedule an appointment by calling (516) 253-1366.

FAQs About Estate Planning in New York

Whether you are only beginning to consider an estate plan or are in the process of updating one, we understand that the subject can seem complex. As experienced Long Island estate planning attorneys, we are here to guide you through every aspect of the process. We have compiled answers to some commonly asked questions about estate planning in New York. For personalized legal advice, please contact our award-winning estate planning lawyers in Long Island.

How Is Estate Planning Defined?

Estate planning is preparation for the distribution of your assets after your death. It involves the creation of legal documents that outline how your assets, such as cash, property, investments, and personal belongings, will be handled, who will manage your affairs when you are gone, and who will be the beneficiaries of your estate. Having an estate plan helps ensure your loved ones are cared for, your wishes are carried out, and the potential for conflicts minimized.

Can I Change My Estate Plan?

As long as you are mentally competent, you can change your estate plan at any time. In fact, it is important to review the plan periodically, particularly after major life events, such as marriage, divorce, the birth of a child, or the death of a loved one. In New York, you can amend your will, either through a codicil (a legal amendment), or by creating a new will. Depending on the type, many trusts can also be amended or revoked.

What Is the Role of an Executor in New York?

An executor is the person or entity designated in your will to carry out your instructions for your estate. After you pass away, your executor is responsible for several tasks, including the following:

Filing a probate with the original will in the Surrogate’s Court
Publishing a notice to creditors that your estate is being probated in a court-approved newspaper
Gathering and managing all assets of your estate
Paying all debts and taxes
Distributing remaining assets to the beneficiaries in accordance with the terms of your will
Closing the estate

What Is Probate?

Probate is a legal process that occurs after a person dies, in which the will is validated, and the estate is administered. In New York, probate is handled by the Surrogate’s Court. Once a probate is filed, the court will verify the authenticity of the will and appoint an executor, as named in the will, to administer the estate. The court will oversee the distribution of the assets according to the terms of the will.

If a person dies without a will (intestate), the estate will go through a similar probate process. However, the court will appoint an administrator, and the assets will be distributed according to New York intestacy laws.

What Happens to Your Assets If You Die Without an Estate Plan?

If you die without a will (intestate) and with no estate plan in place, your assets will be distributed according to New York’s intestacy laws. Your hard-earned wealth could go to relatives you did not intend to benefit from your estate. Your estate may have to go through the estate administration process, which can be time-consuming and costly, and the court could appoint a guardian for your minor children. In simple terms, the estate of a person who dies intestate is distributed as follows:

Surviving spouse but no children: The spouse inherits all the assets of the estate.
Surviving children but no spouse: The children inherit everything, divided among them equally. If a child predeceases the decedent, that child’s share will go to their surviving children if they exist.
Surviving spouse and children: The spouse inherits the first $50,000 of the estate’s assets plus one-half of the remainder. The children inherit the other half, divided equally among them.
Surviving parents but no spouse or children: The deceased’s parents inherit everything in this case.
Surviving siblings but no spouse, children, or parents: The brothers and sisters of the deceased inherit the assets of the estate, divided equally among them.
No surviving family members: If the decedent has no surviving family at all, the property will go to New York State.

Is It Possible to Avoid Probate in New York?

Yes, several estate planning strategies are available to help an estate avoid probate in New York, including the following:

Joint ownership: Property held in joint tenancy with the right of survivorship passes automatically to the surviving owner without going through probate.
Beneficiary designations: For assets such as bank accounts, retirement accounts, and life insurance policies, account or policyholders may designate beneficiaries who will receive these assets directly upon their death, bypassing probate.
Payable-on-death accounts (PODs): This is a legal arrangement that allows the account owner to designate a beneficiary. When the owner of a POD account dies, ownership of the funds passes automatically to the designated beneficiary. You retain ownership of the money until your death, at which time beneficiaries have access to the account without complications, legal paperwork, or probate.
Trust establishment: Assets held in trust can pass outside of probate.

What Is the Estate Tax in New York?

New York imposes estate tax on estates exceeding a certain threshold. In 2025, the estate tax exemption is $7.16 million. The estate tax system in New York includes a unique feature known as the “estate tax cliff.” If the value of an estate exceeds the exemption amount by more than 5%, the entire estate – not only the portion exceeding the exemption – becomes subject to estate tax.

What Are the Strategies to Reduce or Eliminate Estate Taxes?

Several estate planning strategies may help to reduce or eliminate estate taxes in New York. They include the following:

Gifting: The annual gift exclusion for calendar year 2025 is $19,000 per recipient, as stated by the IRS. You can gift that amount to as many individuals as you wish without incurring federal gift tax or having to file a gift tax return.
Charitable donations: Donating assets to a qualified charity can reduce the taxable value of your estate.
Federal estate tax exemption: While New York has its own estate tax threshold, you can also use the federal estate tax exemption for federal estate tax planning. In 2025, that amount is $13,990,000.
Establishing a trust: Certain types of trusts, such as irrevocable life insurance trusts, can help reduce your taxable estate.

How Can I Ensure My Estate Plan Is Valid in New York?

The best way to ensure your estate plan is valid is to consult an experienced New York estate planning attorney. State-specific requirements in New York include the following:

Will: Your will must be in writing and signed by you in the presence of two witnesses, who must also sign the will.
Trusts: Trusts must be properly executed and funded. The trust instrument must identify the trust property and state the settlor’s intent to create a trust. The settlor must be 18 years old or older and of sound mind. A trust is not valid in New York unless executed in writing and signed by the settlor.
Health care proxy: This document must be signed and witnessed as required under New York law to be valid. It must be signed by you and two witnesses, who must be competent adults and cannot be the agent (a person appointed to make decisions on your behalf), close relatives of you or the agent, or anyone involved in your healthcare.
Power of attorney: This legal document allows you to designate an agent to manage your financial affairs if you are unable to do so. To be valid under state law, a power of attorney must be signed by the principal in the presence of one witness, who cannot be the agent or a close relative of the principal or agent. The signature of the principal must be notarized for the document to be valid.

At Davidov Law Group, we focus our practice exclusively on estate planning and administration and related matters. We are a boutique estate planning and elder law firm led by a husband and wife team passionate about helping families plan for the future. Estate planning is not only for the wealthy. Do not leave your assets and loved ones unprotected. Call us at (516) 253-1366 to schedule an estate planning consultation.