Black outline of a classical bank or government building icon with columns and a triangular roof.

Trust Planning That Protects Your Family and Your Assets

A trust is one of the most flexible tools in estate planning — and one of the most misunderstood. At Vanderwoude & Roma, we help families in Putnam, Dutchess, and Westchester Counties understand exactly what a trust can and cannot do for them, and then build a structure that fits their actual situation.

What a Trust Does That a Will Cannot

A will directs where your assets go after you die. A trust can do that too — but it can also manage how and when assets are distributed, keep your estate out of probate, provide for a minor child or a family member with special needs, and protect your assets from certain creditors. For many families, a trust is not a replacement for a will but a complement to it.

 

Our attorneys work through your full picture before recommending any structure. If a trust is the right tool, we will tell you why and explain the tradeoffs clearly. If it is not, we will tell you that too.

Revocable vs. Irrevocable Trusts — What Is the Difference?

This is the question most clients ask first, and the answer matters more than most people realize.

 

A revocable living trust can be changed or dissolved during your lifetime. You retain control of the assets, and the trust avoids probate at your death. It does not, however, shield assets from creditors or Medicaid spend-down calculations — because you still legally control what is inside it.

 

An irrevocable trust transfers legal ownership of the assets out of your name. Once established, it generally cannot be undone. In exchange, it can offer protection from creditors, reduce your taxable estate, and — in certain structures — help preserve eligibility for Medicaid. These trusts require careful planning and honest counsel about what you are giving up in exchange for those protections.

 

We do not recommend one over the other as a default. We recommend the structure that reflects where you are, what you own, and what you are trying to accomplish.

Trust Structures We Commonly Prepare

  • Revocable living trusts for probate avoidance and smoother asset transfer at death
  • Irrevocable trusts for asset protection, Medicaid planning, and estate tax reduction
  • Supplemental needs trusts for beneficiaries with disabilities who receive government benefits
  • Testamentary trusts created within a will and funded at death, often used to manage inheritances for minor children
  • Spousal trusts for married couples navigating estate tax exposure or blended family situations

Who Should Consider a Trust?

Not everyone needs a trust. But many families do, and they do not realize it until it is too late to plan effectively. A trust is worth a serious conversation if any of the following applies to you:

 

  • You own real property in New York and want to avoid probate
  • You have minor children or a dependent with special needs
  • You are recently divorced and need to update your estate plan
  • You are concerned about long-term care costs and Medicaid eligibility
  • You have a blended family and want to control how assets pass to children from prior relationships
  • Your estate may be subject to New York estate tax

 

If you are unsure whether your situation warrants a trust, that is exactly the kind of question we answer in a consultation — without pressure and without a sales pitch.

Working With a Trust Attorney in Hudson Valley

Families across Putnam, Dutchess, and Westchester Counties come to us for trust planning because they want a direct conversation with the attorney handling their matter — not a form to fill out and a document to sign. Neil and Jerry work with each client personally, and they take the time to explain what they are building and why.

 

Our office is located in Stormville, on the Putnam-Dutchess border, and we serve clients throughout the Hudson Valley. If you are looking for a trust attorney who will give you a clear answer and a plan you actually understand, we are ready to talk.

 

We also assist clients who are navigating divorce and need to update or create estate documents as part of that transition. When the same attorneys handle both matters, nothing falls through the cracks.

Frequently Asked Questions About Trusts in New York

  • Does a trust replace a will in New York?

    Not entirely. Even clients with a revocable living trust typically need a pour-over will to capture any assets that were not transferred into the trust during their lifetime. The two documents work together, not in place of each other.

  • How long does it take to set up a trust?

    For most straightforward revocable trusts, the process takes a few weeks from the initial consultation to the signed document. More complex structures — irrevocable trusts, supplemental needs trusts, or trusts involving business interests or multiple properties — require additional planning time. We will give you a realistic timeline at the outset.

  • Will a revocable trust protect my assets from Medicaid?

    No. Because you retain control of a revocable trust, New York treats those assets as available for Medicaid spend-down purposes. Asset protection from Medicaid requires an irrevocable trust, and it must be established well in advance of any care need due to the five-year look-back period.

  • Can I be my own trustee?

    Yes, in most revocable trust arrangements. You serve as trustee during your lifetime, and a successor trustee you name takes over if you become incapacitated or at your death. Irrevocable trusts have different rules — you generally cannot serve as your own trustee without undermining the protections the trust is designed to provide.

  • What happens to my trust if I get divorced?

    Divorce does not automatically revoke a trust or change its beneficiary designations. If you have gone through a divorce, reviewing and updating your estate plan — including any existing trusts — is an important step that many people delay longer than they should. We can handle that review as part of a broader estate planning conversation.

Ready to Talk Through Your Trust Options?

Estate planning is most effective when it starts with an honest conversation about where you are and what you want to protect. Call us at 845-225-6686 or use the contact form to schedule a free consultation. We serve families throughout Putnam County, Dutchess County, and Westchester County.