Practice Area
Alan Vaitzman, Esq. helps Brooklyn families build comprehensive estate plans that protect their assets, honor their wishes, and spare loved ones the burden of uncertainty.
What We Do
Estate planning is one of the most important legal steps a Brooklyn family can take — and one of the most commonly delayed. Without a proper estate plan, New York State's intestacy laws determine who inherits your assets, your minor children may be without a named guardian, and your loved ones may spend months navigating the Kings County Surrogate's Court probate process before they receive a single dollar. A thoughtful, well-drafted estate plan prevents all of this.
At Estate Law New York, Alan Vaitzman, Esq. takes a holistic approach to estate planning. Rather than producing a stack of boilerplate forms, we take time to understand your family's unique situation — your assets, your relationships, your concerns, and your goals. Brooklyn families often face distinctive planning challenges: significant real estate equity in brownstones and multi-family properties in Park Slope, Carroll Gardens, or Flatbush; blended family dynamics requiring careful trust structures; adult children in different financial circumstances; and business interests that need to survive their owner.
New York imposes its own estate tax separate from the federal system, with a current exemption of approximately $7.16 million (2025). What makes New York's estate tax uniquely dangerous is the "estate tax cliff" — if your estate exceeds the exemption by even a modest amount, the entire estate is taxed, not just the excess. For Brooklyn homeowners who have seen property values double or triple over the past decade, this threshold is increasingly relevant. Strategic planning now can save your heirs hundreds of thousands of dollars.
We draft every document to meet New York State's specific execution requirements — including the strict witness and notarization rules for wills under EPTL 3-2.1, and the springing power provisions and major gifts rider requirements for New York Durable Powers of Attorney under GOL 5-1501. Documents drafted improperly, even with good intentions, can be rejected by banks, hospitals, or the Surrogate's Court. We get the details right the first time.
Our estate planning process begins with a thorough consultation, moves through document drafting with your full review and input, and concludes with a proper execution ceremony and a trust funding plan if applicable. We remain available for updates as your life circumstances evolve — because your estate plan should grow and change with you.
Our Services
A carefully drafted will that directs the distribution of your probate assets, names an executor to administer your estate, and — critically — designates a guardian for your minor children. We ensure your will meets New York's strict execution formalities under EPTL 3-2.1 to prevent later challenges.
A flexible trust you control during your lifetime that transfers assets to your beneficiaries at death without probate. Ideal for Brooklyn families with real estate, multiple accounts, or privacy concerns. Includes a pour-over will to capture any assets not transferred to the trust during your lifetime.
Trusts that, once funded, remove assets from your taxable estate and protect them from creditors. Includes Irrevocable Life Insurance Trusts (ILITs), Medicaid Asset Protection Trusts (MAPTs), Qualified Personal Residence Trusts (QPRTs), and Spousal Lifetime Access Trusts (SLATs).
A New York statutory Healthcare Proxy designating a trusted person to make medical decisions on your behalf if you cannot. Essential for every adult — your family needs legal authority to act, not just moral authority. We explain the scope of authority and how to have the important conversations with your agent.
A statement of your wishes regarding end-of-life medical care — whether you want life-sustaining treatment continued, your preferences on artificial nutrition and hydration, and your values around quality of life. Provides clear guidance to your healthcare proxy and medical team in the most difficult moments.
A New York statutory DPOA authorizing a trusted agent to manage your financial affairs if you become incapacitated. New York's 2021 POA reform made significant changes — including a major gifts rider, a modified signing procedure, and expanded statutory authority. We draft compliant DPOAs that financial institutions will actually honor.
Strategic planning to minimize exposure to New York State and federal estate taxes. Includes annual gifting programs ($18,000 per recipient in 2025), 529 superfunding, charitable giving strategies, and trust structures designed to reduce your taxable estate while preserving family wealth — especially important for Brooklyn families with significant real estate equity.
Careful, customized planning for families with children from prior relationships. Qualified Terminable Interest Property (QTIP) trusts, separate property agreements, and coordinated beneficiary designations ensure a surviving spouse is provided for without inadvertently disinheriting children from a prior marriage.
Third-party special needs trusts that allow a family member with a disability to receive an inheritance without losing government benefits — Medicaid, SSI, or Section 8 housing. Properly structured, a special needs trust supplements government benefits rather than replacing them, dramatically improving quality of life.
Coordinated planning for Brooklyn business owners to ensure their business survives their incapacity or death. Includes buy-sell agreements, operating agreement amendments, key person insurance strategies, and trust ownership structures that transfer control without triggering unwanted tax consequences or family disputes.
A comprehensive audit of all non-probate assets — retirement accounts, IRAs, 401(k)s, life insurance, annuities, and TOD accounts — to ensure beneficiary designations are current, consistent with your overall estate plan, and will not inadvertently trigger estate tax or disqualify a beneficiary with special needs from government benefits.
A trust that is not properly funded is worthless. We manage the trust funding process: re-deeding Brooklyn real estate into the trust, retitling bank and investment accounts, updating beneficiary designations, and preparing a complete asset inventory. We also advise trustees on their ongoing fiduciary duties under New York law.
How It Works
We begin with a no-obligation consultation — in person at our Cadman Plaza office or by video — to learn about your family, assets, and goals. We answer your questions and explain your options in plain English. No jargon, no pressure.
Alan Vaitzman, Esq. designs a tailored estate plan based on your specific situation. We present a written recommendation explaining what documents we recommend, why, and the flat fee for the engagement — before you commit to anything.
We draft all documents and share them with you for thorough review. We explain every provision and make any revisions needed to ensure the documents accurately reflect your wishes. You never sign anything you don't fully understand.
We coordinate a proper signing ceremony with witnesses and notarization as required by New York law. For trust-based plans, we prepare a full funding plan and assist with retitling assets — ensuring your plan is legally complete and effective from day one.
Where We Serve
Our office at 300 Cadman Plaza West, 12th Floor is centrally located in Downtown Brooklyn, easily accessible from neighborhoods throughout Kings County. We serve clients across all of Brooklyn, including:
We also serve clients in Manhattan, Queens, The Bronx, Staten Island, Nassau County, Westchester County, and Suffolk County. Remote video consultations available.
Common Questions
A comprehensive Brooklyn estate plan typically includes: (1) a Last Will and Testament that directs distribution of your probate assets; (2) a Revocable Living Trust that holds your major assets and avoids probate entirely; (3) a Durable Power of Attorney designating someone to manage your finances if you become incapacitated; (4) a Healthcare Proxy naming a trusted agent to make medical decisions; and (5) a Living Will expressing your wishes for end-of-life care.
For business owners, a Business Succession Agreement or Buy-Sell Agreement is also essential. Families with minor children should name a guardian in the will. Brooklyn-specific considerations include planning around significant real estate holdings — brownstones in Park Slope or Carroll Gardens, condos in DUMBO, or multi-family properties in Flatbush — which often require trust-based structures to avoid probate delays. New York imposes its own estate tax with a current exemption of approximately $7.16 million; careful planning is needed near this threshold due to New York's notorious "estate tax cliff."
Estate planning costs in Brooklyn vary significantly based on complexity. A simple will — covering a single individual or couple with straightforward assets — typically ranges from $500 to $1,500. A complete estate plan for a married couple, including wills, a revocable living trust, durable powers of attorney, and healthcare proxies, generally costs $3,500 to $7,500. More complex plans involving irrevocable trusts for Medicaid planning or asset protection, special needs trusts, or significant business interests can range from $7,500 to $20,000 or more.
At Estate Law New York, we use flat-fee pricing for most estate planning engagements, meaning you know the total cost upfront before we begin. Many clients find that the cost of a comprehensive estate plan is far less than the time, expense, and family conflict that can result from dying intestate or leaving an improperly drafted will. Contact us for a free consultation and a clear fee quote.
Having a will is an important first step, but it is rarely a complete estate plan. A will only governs assets that pass through probate — and many of your most valuable assets may not be controlled by your will at all. Retirement accounts (401(k), IRA), life insurance policies, joint bank accounts, and assets held in trust all pass outside your will by beneficiary designation or operation of law. If your beneficiary designations are outdated — naming an ex-spouse, a deceased relative, or leaving blank fields — your assets may go to unintended recipients regardless of what your will says.
Additionally, a will does not protect you during incapacity — you also need a Durable Power of Attorney and Healthcare Proxy for that. For Brooklyn families with real estate holdings, a Revocable Living Trust can help your heirs avoid Kings County Surrogate's Court probate entirely. We recommend reviewing your estate plan every 3-5 years and after major life events: marriage, divorce, birth of a child, acquisition of real estate, or significant changes in wealth.
New York State has its own separate estate tax independent of the federal estate tax, and it applies at much lower thresholds. The New York estate tax exemption for 2025 is approximately $7.16 million. What makes New York's estate tax uniquely dangerous is the "estate tax cliff" — if your estate exceeds the exemption by more than 5%, the entire estate becomes taxable, not just the excess above the threshold.
This means a Brooklyn brownstone owner whose estate is worth $7.5 million could owe New York estate tax on the full amount, not just the $340,000 above the exemption. With Brooklyn real estate values having appreciated dramatically in Park Slope, Brooklyn Heights, DUMBO, Carroll Gardens, and Cobble Hill, many families who never considered themselves wealthy may now have estates approaching or exceeding the exemption. Strategies include irrevocable life insurance trusts (ILITs), qualified personal residence trusts (QPRTs), charitable remainder trusts, and annual gifting programs. Contact us to assess your exposure and available strategies.
A revocable living trust is a legal document you create during your lifetime that holds title to your assets. As the grantor, you also serve as trustee while you are alive and competent, so you retain full control. You can amend or revoke the trust at any time. Upon your death, a successor trustee you've named distributes assets to your beneficiaries without going through probate court.
For Brooklyn families, revocable living trusts offer several compelling advantages: they avoid Kings County Surrogate's Court probate, saving heirs 9-18 months of delays and potentially significant legal fees; they are private — unlike a will, which becomes a public record; and they provide seamless incapacity planning, allowing your successor trustee to step in immediately without requiring a guardianship proceeding. The primary requirement is that the trust must be properly "funded" — assets must actually be retitled into the trust's name. We handle the complete funding process for our clients.
Estate Law New York serves clients throughout all Brooklyn neighborhoods for estate planning. Our office at 300 Cadman Plz W, 12th Floor in Downtown Brooklyn is easily accessible from Park Slope, Brooklyn Heights, DUMBO, Carroll Gardens, Cobble Hill, and Red Hook. We regularly serve clients in Williamsburg, Greenpoint, Bed-Stuy, Crown Heights, and Bushwick, as well as Bay Ridge, Bensonhurst, Sunset Park, and Flatbush. We also serve clients in Borough Park, Canarsie, Marine Park, Flatlands, Ditmas Park, Windsor Terrace, and Kensington.
We also serve clients who have relocated but retain Brooklyn property — a common situation among families with Brooklyn brownstones or multi-family homes that have been in the family for generations. Remote consultations by video are available for clients who cannot visit our office. We also serve all five New York City boroughs, Nassau County, Westchester County, and Suffolk County. Call (646) 663-5161 or email info@estatelawnewyork.com to schedule your free consultation.
Take the First Step
A free consultation with Alan Vaitzman, Esq. costs you nothing — but leaving your estate unplanned can cost your family everything. Brooklyn families trust us to get the details right.
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