If you decide a trust is right for your situation, here are the steps to set one up in New York:
Look for an estate planning attorney who deals with drafting customized trusts to meet client goals.
Discuss your financial and family situation and explore the benefits that a trust can provide. It can be avoiding probate, managing assets if you become incapacitated, providing for your spouse and children, protecting assets from creditors, and qualifying for Medicaid. The attorney will help you decide on the best trust type and terms.
This includes details on your assets, information about potential trustees, beneficiaries, and any specific distribution wishes. The attorney needs this to properly draft the trust.
Go through the document line-by-line to ensure all your wishes are reflected and the trust meets legal requirements. Ask questions if anything is unclear before finalizing.
Following your state’s requirements, formally finalize the trust by signing the documents in front of witnesses and/or a notary public. This legally establishes the trust.
To activate the trust, retitle accounts, property, etc. in the name of the trustee to be owned and managed by the trust. Record and save documentation of asset transfers.
Let the trustee know the trust exists and let them know where to find it or give them a copy.
Trusts can be extremely useful but they must be properly set up and maintained. We have extensive experience advising New York clients on setting up customized trusts to meet their specific needs.
If you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].