Practice Area
Alan Vaitzman, Esq. drafts legally sound wills and trusts that ensure your estate is distributed exactly as you intend — protecting your family, your assets, and your wishes.
Overview
Wills and trusts are the cornerstones of any estate plan. Yet despite their importance, many Brooklyn families either have no will at all, have outdated documents drafted decades ago, or have wills that fail to meet New York's strict execution requirements and will ultimately be rejected by Kings County Surrogate's Court. The consequences can be severe: assets pass to the wrong people, minor children are left without named guardians, significant estates are subjected to unnecessary probate delays, and family relationships are strained by disputes that could have been avoided.
At Estate Law New York, Alan Vaitzman, Esq. drafts every will and trust document to precisely meet New York State's requirements — including the publication and witnessing formalities under EPTL 3-2.1 for wills, and the trust execution requirements under EPTL Article 7. We do not use online templates or boilerplate forms. Every document is tailored to your specific situation: your family structure, your assets, your values, and your goals.
Brooklyn families face unique planning considerations that require customized solutions. Families who have built equity in Park Slope brownstones, Carroll Gardens townhouses, or DUMBO condos often benefit from revocable living trusts to avoid the 9-18 month probate process in Kings County Surrogate's Court. Families with children from prior relationships need carefully structured wills or trusts to provide for a surviving spouse without inadvertently disinheriting biological children. Families caring for a member with special needs require specially drafted trusts to preserve government benefit eligibility. And Brooklyn's multi-generational, multi-cultural families often have complex inheritance expectations that require thoughtful, frank conversation and precise legal drafting to honor.
We help clients think through every contingency — what happens if a beneficiary dies before you? What if you become incapacitated before you can update your will? What if your executor cannot serve? What if your grandchildren need protection from a spendthrift parent? Thoughtful drafting addresses these scenarios before they arise, ensuring your wishes are carried out no matter what circumstances develop.
| Feature | Last Will & Testament | Revocable Living Trust |
|---|---|---|
| Probate required? | Yes — Kings County Surrogate's Court (9-18 months) | No — assets transfer privately at death |
| Privacy | Becomes public record when filed with Surrogate's Court | Remains private throughout |
| Incapacity planning | Does not address incapacity — need separate DPOA | Successor trustee steps in seamlessly |
| Effective when? | Only at death | Immediately upon creation and funding |
| Covers real estate? | Through probate — months-long delay | Immediately if properly deeded into trust |
| Court involvement | Required for every probate asset | Generally none — fully private |
| Cost to create | Lower upfront cost | Higher upfront; lower total estate cost |
| Amendment | Requires new will or codicil | Simple amendment or full restatement |
Our Services
A straightforward last will and testament for individuals or couples with uncomplicated estates. Covers asset distribution, executor designation, and guardian nomination for minor children. Drafted to meet all New York EPTL 3-2.1 execution requirements. Ideal for Brooklyn renters or homeowners with modest estates and simple family structures.
A will designed to work alongside a revocable living trust, directing any assets not already in the trust at death to "pour over" into the trust for distribution under its terms. Provides a safety net for assets inadvertently left outside the trust — essential for every Brooklyn client with a living trust.
A fully customized revocable living trust that holds your Brooklyn real estate, financial accounts, and personal property — passing them to your beneficiaries at death without probate. Includes successor trustee provisions, distribution standards, and incapacity management protocols. Completely flexible and amendable during your lifetime.
Irrevocable trusts for estate tax reduction, asset protection, or Medicaid planning. Types include Irrevocable Life Insurance Trusts (ILITs) that remove life insurance from the taxable estate; Medicaid Asset Protection Trusts (MAPTs) that protect Brooklyn real estate from nursing home costs; and Qualified Personal Residence Trusts (QPRTs) that reduce estate tax on a primary home.
Carefully drafted third-party special needs trusts for Brooklyn families with a disabled family member. Allows inheritance without disqualifying the beneficiary from Medicaid, SSI, or Section 8 housing. Includes detailed trustee guidance on permissible and impermissible expenditures under New York's Medicaid rules.
A trust with a spendthrift clause that protects assets from a beneficiary's creditors, poor financial judgment, addiction, or divorce proceedings. The beneficiary receives distributions on a controlled schedule or at trustee discretion — protecting the inheritance from being squandered or seized. Common for Brooklyn families leaving assets to young adults.
A trust created inside your will that comes into existence at death. Ideal when you want the simplicity of not funding a trust during your lifetime, but need trust-based protections at death — for example, a trust for minor grandchildren, or a trust that manages real estate for multiple beneficiaries who cannot agree on what to do with a Brooklyn property.
Updating an existing revocable trust when circumstances change — new beneficiaries, changed trustees, divorce, new property, or simply better planning language. We review your existing trust documents and recommend whether a targeted amendment or a complete restatement (which replaces the trust entirely with updated terms) better serves your current situation.
Coordinated wills for married couples or domestic partners in Brooklyn. We explain the legal implications of joint wills (a single document covering two people, disfavored in New York) versus mutual wills (separate, reciprocal wills) and advise on the appropriate structure — particularly for blended families where one spouse has children from a prior relationship.
How It Works
We begin with a free consultation to learn about your family, assets, and goals. We explain your options in plain English — no jargon, no pressure. You'll leave the consultation with a clear understanding of what documents we recommend and why.
Alan Vaitzman, Esq. designs your customized documents — selecting the appropriate will and trust types, drafting distribution provisions, selecting fiduciaries, and addressing every contingency relevant to your family. We confirm all details with you before drafting.
We share draft documents with you for careful review. We explain every provision in plain English and make any revisions needed. You never sign documents you haven't read and fully understood. We take as many revision rounds as needed.
We coordinate proper execution: for wills, a witnessed signing ceremony meeting EPTL 3-2.1's requirements; for trusts, a notarized signing. We provide originals for safekeeping and assist with funding your trust by retitling Brooklyn real estate and financial accounts.
Where We Serve
Our office at 300 Cadman Plaza West, 12th Floor is located in Downtown Brooklyn, easily accessible from neighborhoods across Kings County. We draft wills and trusts for clients throughout Brooklyn, including:
Common Questions
New York has strict formal requirements for a valid will under EPTL 3-2.1. To be valid — including before Kings County Surrogate's Court — a will must: (1) be in writing; (2) be signed by the testator at the end of the document; (3) be signed in the presence of at least two witnesses, or the testator must acknowledge their prior signature to each witness; (4) be witnessed by at least two competent witnesses, each of whom signs within 30 days; and (5) the testator must declare to each witness that the document is their will (the "publication" requirement).
Notarization is not required for a New York will to be valid, though a self-proving affidavit can streamline probate. Holographic wills — entirely handwritten and unwitnessed — are not valid in New York. Documents that fail to comply with these formalities will be rejected by Kings County Surrogate's Court, potentially leaving your estate without a valid will. We ensure every will we draft is properly executed.
A will and a revocable living trust both direct asset distribution at death, but work very differently. A will goes through probate — meaning it must be filed with Kings County Surrogate's Court and administered through a court proceeding (typically 9-18 months in Brooklyn) before assets can be distributed. A will is also a public record once admitted to probate. A revocable living trust, by contrast, transfers assets at death without going to court — no delays, no court fees, and the trust remains private.
For Brooklyn families with real estate, a revocable trust is often preferred because Brooklyn property cannot be transferred without probate unless it is in a trust or held in joint tenancy. The right choice depends on the size and nature of your estate, your privacy preferences, and your family's circumstances. Many Brooklyn families use both: a revocable trust as the primary vehicle and a pour-over will to capture any assets inadvertently left outside the trust.
A pour-over will is a last will and testament designed to work alongside a revocable living trust. It directs that any assets owned in your individual name at death — not transferred to your trust during your lifetime — "pour over" into the trust and are then distributed under the trust's terms. Even the most diligent trust creator may inadvertently leave assets outside the trust: a bank account opened after the trust was created, an unexpected inheritance, or personal property not formally transferred.
The pour-over will serves as a safety net, ensuring these assets ultimately follow the same distribution plan as the trust. Every Brooklyn client who creates a revocable living trust with our firm also receives a coordinated pour-over will. A trust without a pour-over will leaves a gap that can cause serious problems — assets could distribute under New York's intestacy laws to the wrong people, or create a separate probate proceeding with different distributions from the trust.
A special needs trust holds assets for a beneficiary with a disability without disqualifying them from means-tested government benefits like Medicaid, SSI, and Section 8 housing. These programs have strict asset limits — generally $2,000 for SSI — and a direct inheritance can disqualify a person with disabilities from benefits they depend on. A properly drafted special needs trust holds assets for "supplemental" needs — education, recreation, transportation, technology, clothing, vacations — things government programs don't cover.
There are two main types: a "third-party" special needs trust, funded with assets from a parent or grandparent, is the most common and flexible; a "first-party" trust, funded with the disabled person's own assets (often from a personal injury settlement), has stricter rules including a Medicaid payback provision. For Brooklyn families with a child, sibling, or family member with a disability, a special needs trust is often one of the most important documents they can create. We draft both types for families throughout Brooklyn.
Whether a trust can be amended or revoked depends entirely on what type of trust it is. A revocable living trust can be freely amended or completely revoked at any time during the grantor's lifetime, as long as the grantor has legal capacity. This makes revocable trusts extremely flexible. An irrevocable trust generally cannot be modified or revoked once created — the grantor gives up control in exchange for tax benefits or asset protection advantages.
However, New York trust law provides limited mechanisms for modifying even irrevocable trusts: judicial modification under EPTL 7-1.9 for changed circumstances; non-judicial settlement agreements; and trust decanting under EPTL 10-6.6, which allows a trustee to "pour" assets from an older irrevocable trust into a newer trust with updated terms. We draft trust amendments and restatements for Brooklyn clients when life changes — divorce, new children, new property, change of trustees — make updates necessary.
A testamentary trust is created inside a last will and testament and comes into existence only at the testator's death, when the will is admitted to probate. Unlike a revocable living trust — which exists and is funded during the testator's lifetime — a testamentary trust has no legal existence until after death and probate. Testamentary trusts are commonly used in Brooklyn for: trusts for minor children; trusts for beneficiaries with spending problems or addiction; testamentary special needs trusts; and QTIP-style trusts for blended families protecting a surviving spouse while ensuring children from a prior relationship also inherit.
The main advantages of a testamentary trust are simplicity — no funding steps during lifetime — and flexibility in customizing distribution terms. The main disadvantage is that the will goes through probate, making the trust's terms a public record. For Brooklyn families where privacy is a priority or where real estate is the primary asset, a revocable living trust is often preferred. We advise clients on which structure better suits their planning objectives during a free consultation.
Your Wishes. Protected.
Don't leave your family's future to chance. Alan Vaitzman, Esq. drafts wills and trusts that hold up — in Kings County Surrogate's Court and in life's most challenging moments.
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