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Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY 11242 | www.askthelawyer.us | 855-768-8845

Estate planning is about control — control over who gets what, when, and how. But in New York, that control is only guaranteed if the legal requirements governing wills and trusts are followed with precision. At Figeroux & Associates, we’ve seen firsthand how failure to comply with New York State law can unravel a family’s plans, cost heirs their inheritance, and spark bitter legal disputes.

Wills: Precision Is Mandatory

Under New York’s Estates, Powers & Trusts Law (EPTL) § 3-2.1, a will must meet strict requirements to be valid:

• It must be in writing.
• Signed by the testator (the person creating the will).
• Signed in the presence of at least two witnesses, who also sign in the presence of the testator.
• The testator must declare to the witnesses that the document is their will.

If any of these steps are skipped or performed incorrectly, the will is invalid. At that point, the estate is distributed under intestacy laws, which prioritize spouses, children, and other close relatives — regardless of the testator’s true intentions. Non-blood heirs, long-time partners, and charitable beneficiaries may be completely shut out.

Trusts: Funding and Structure Are Key

Trusts can avoid probate and provide privacy, but they are not self-executing. New York law requires:

• A valid written trust agreement.
• Proper identification of the grantor, trustee, and beneficiaries.
• A lawful purpose.
• Most critically, the trust must be funded — assets must be legally transferred into the trust.

Failure to transfer property into a trust renders it useless. We’ve represented clients who assumed a trust would protect their home or savings, only to discover nothing was ever legally moved into the trust. The result? Their estate still had to go through probate, incurring unnecessary time, expense, and public exposure.

Litigation Risks and Legal Liabilities

When a will or trust is defective, litigation often follows. Disinherited family members may claim undue influence, lack of capacity, or fraud. Trustees or executors who mismanage an estate may be sued for breach of fiduciary duty. These cases can drag on for years and drain the estate’s value.

Tax Consequences

Improper trust planning can also lead to unintended tax consequences. If a trust is not structured correctly, it might not achieve its intended tax advantages, leaving heirs with unexpected liabilities. Compliance with both federal and state tax laws is critical — especially for high-net-worth individuals.

Protect Your Legacy

At Figeroux & Associates, we help clients avoid these pitfalls through comprehensive estate planning services. We ensure all documents meet New York’s legal standards and are tailored to your specific goals. Whether you need a simple will or a complex trust structure, our attorneys can help you protect your family’s future.

Call us at 855-768-8845 or visit www.askthelawyer.us to schedule a free consultation. Don’t let avoidable mistakes destroy your legacy — get the right legal guidance now.

Click Here to Schedule a Consultation with Figeroux & Associates Today!