Living Trust Ny State

The probate of an estate can be a long and costly process so it is worth investigating whether a living trust is a better option for ensuring that your estate is most effectively distributed.

Living trust ny state.

A revocable living trust sometimes known as an inter vivos trust provides many advantages that may make it a desirable part of your estate planning process. In new york especially it might be a smart move to create a living trust even if you have a smaller estate. A living trust in new york allows you to place your asset into a trust but still use them during your lifetime. Under new york law and the laws of most jurisdictions the grantor can also be the trustee.

7 1 17 execution amendment and revocation of lifetime trusts a every lifetime trust shall be in writing and shall be executed and acknowledged by the person establishing such trust and unless such person is the sole trustee by at least one trustee thereof in the manner required by the laws of this state for the recording of a conveyance of real property or in lieu thereof executed. Your beneficiaries inherit them after your death. New york has a simplified probate process for small estates under 30 000. The new york living trust is legal document whose primary purpose is to avoid the court appointed legal administration of a person s estate when they die or become incapacitated.

The creator of a living trust decides whether it can be changed or revoked. The grantor the creator of the trust will continue to benefit from their assets and income until such a time that they become incapacitated or die in which case it will be divided amongst the indicated beneficiaries. Also he said probate is governed by state law and some states like california and maryland have fairly complicated probate laws making property in such states good candidates for a living trust. New york does not use the uniform probate code which simplifies the probate process so it may be a good idea for you to make a living trust to avoid new york s complex probate process.

You may include a statement in the trust that it cannot. If you include a paragraph in the trust that says it can be changed or revoked then it is called a revocable living trust in that case you can easily change or revoke your trust. The new york revocable living trust form is a legal document that is used to put a person s assets and property into a trust.