Estate Planning Services with the Law Offices of Vlad Portnoy
Planning for what happens after you are gone is not easy. It asks you to think about uncertainty, about the people you love, and about the legacy you want to leave behind. But it is also one of the most important things you can do for your family. At the Law Offices of Vlad Portnoy, P.C., we have guided more than 2,000 New York families through that process, bringing clarity, structure, and care to decisions that carry real weight. Whatever your situation, you do not have to navigate it alone.
Understanding Estate Planning
Estate planning is a coordinated set of legal documents and decisions that work together to protect your assets, reflect your wishes, and account for the unexpected. It defines who receives what, who is empowered to act on your behalf, and how your healthcare decisions will be handled if you cannot make them yourself. More than a collection of documents, it is a framework that gives you and your loved ones clarity and control over some of life’s most consequential moments.
Learn More About Estate Planning and why it should matter for you →
Who is Estate Planning For?
One of the most common assumptions about estate planning is that it is reserved for a specific type of person. In reality, it is relevant across all stages of life and all types of situations. You may benefit from an estate plan if you are:
- A young parent who wants to ensure your children are protected and cared for if something happens to you
- Recently married or divorced and need your legal documents to reflect your current wishes
- A business owner who wants to protect what you have built and establish a clear succession path
- Someone with aging parents who has not yet put a plan in place
- A family member of someone with special needs who wants to ensure their long-term care and financial security
- A high net worth individual looking to preserve wealth and minimize tax exposure across generations
- A senior approaching or already in retirement planning for healthcare, long-term care, and asset protection
- A property owner in New York who wants to avoid probate and ensure a smooth transfer to the right people
Most Common Cases We See
Every case we work on is unique, and no two estate plans look exactly the same. That said, based on over two decades of practice, there are patterns we see across different stages of life. The table below reflects the most common situations clients bring to us. It is not a fixed list — a young couple may also come to us with significant assets to protect, and a retiree may have guardianship concerns at the top of their mind. Whatever your situation, it will be evaluated on its own terms.
| Age Group | Most Common Focus |
|---|---|
| 25 to 45 | Young couples with small children whose primary goal is appointing legal guardians in case both parents pass away |
| 30 to 55 | Young professionals focused on protecting their own assets and planning for the eventual transfer of wealth to their children |
| 50 to 60 | Mid-life professionals preparing for retirement while navigating complex family dynamics, such as a child going through divorce, remarriage, or carrying significant debt |
| 65 and older | Clients retiring or already retired, focused on asset protection and Medicaid planning |
Most Common Misconceptions About Estate Planning
After working with thousands of clients, there are a few misunderstandings we encounter consistently. Clearing these up early tends to make the entire process easier and less intimidating.
“A will and a trust are an either/or choice”
This is one of the most frequent points of confusion we see. A will is the foundational document every adult should have. A trust is not a replacement for it but a complement, added when your assets, family situation, or goals call for additional structure. Understanding how both work together is something we walk every client through from the very first conversation.
“The experience of the attorney does not matter as much as the documents themselves”
Many people focus on the final documents and assume that as long as the paperwork looks right, the source does not matter. In reality, the value of working with an experienced attorney goes far beyond document preparation. It is the questions they know to ask, the scenarios they anticipate, and the guidance they provide when your situation does not fit neatly into a template. That expertise is what ensures your plan actually holds up when it matters most.
“Estate planning is too expensive to justify”
The question worth asking is not whether you can afford an estate plan, but what the cost of not having one might be. Proper planning done at the right time can protect your assets, reduce tax exposure, and help you qualify for benefits like Medicaid. The cost of waiting, or of doing nothing, is often measured in ways that far exceed any attorney’s fee.
Estate Planning Is the Primary Path to Avoiding Probate
Probate is the court-supervised process through which a deceased person’s estate is settled and assets are distributed. In New York, this process runs through Surrogate’s Court and can be lengthy, costly, and entirely public. For many families, it adds stress and delay to an already difficult time.
A properly structured estate plan is the most effective way to avoid it. Assets held in a trust, for example, pass directly to beneficiaries without going through probate. The same applies to assets with designated beneficiaries, such as life insurance policies and retirement accounts. When your plan is set up correctly, your family avoids the court process entirely and receives what you intended, on the timeline you intended, without unnecessary legal complications. If probate is already underway or unavoidable in your situation, our team can guide you through it.
Not Sure Where to Start?
Book a free consultation and we’ll help you understand exactly what your plan should include and why — no pressure, no obligation.
Why Having an Estate Plan Matters in New York City
New York is one of the most complex states in the country when it comes to estate planning. The combination of state-specific laws, a separate estate tax system, strict Medicaid rules, and a court process that differs from most other states means that what works in another jurisdiction may not work here. Understanding that context is part of what makes working with a locally experienced attorney so important.
It gets even more complex within New York City. Because New York Surrogate’s Courts are extremely busy, it is always advised to have a solid estate plan to potentially fully avoid needing probate, or at least to minimize the amount of assets going through probate. A will is always recommended to be utilized with a trust, as a “catch-all” device. But ultimately we want to try and not need to probate a will, or have as little assets passing through it as possible.
New York Has Its Own Rules
Unlike most states, New York imposes its own estate tax with its own exemption threshold and a so-called “cliff effect”: if your estate exceeds the exemption by more than five percent, the entire estate becomes taxable, not just the amount above the threshold. New York also has strict execution requirements for legal documents. A will signed without two witnesses present, for example, can be thrown out entirely regardless of its contents. For clients with assets in multiple states or countries, each jurisdiction adds another layer that your plan needs to account for.
Moreover, even if the will stands, clients would need separate probate for each state where they have real property. So if the decedent passed away in New York with a condominium in Los Angeles, CA, and a house in Hollywood, FL, they would need to first go through probate in New York, and then hire a separate team of lawyers in California and in Florida. This means three separate probates, with three separate sets of legal fees, and dealing with three completely different court systems. Clients cannot go to California or Florida until their New York probate is complete. That means properties in those other states could just sit generating taxes and liabilities without anyone being able to do anything while New York is pending. NY courts may take up to a year or more, and then clients have to restart the same process in other states.
These delays can be avoided by utilizing a trust structure. A trust can accept and own all of those properties. So at the end, there would either only be New York probate, or no probate at all. We usually discuss these details during our meetings with prospective clients.
Estate Planning Services
A complete estate plan is typically made up of several legal instruments, each addressing a different aspect of your wishes and circumstances. Depending on your situation, your plan may include some or all of the following.
Core Estate Planning Documents
Wills
The foundational document of any estate plan. A legally sound will defines how your assets are distributed, names guardians for your children, and ensures your intentions are carried out after you pass.
Trusts
Flexible legal structures that protect your assets, help you avoid probate, and ensure your wealth is transferred to the right people under the right conditions.
Power of Attorney
A legal authorization that allows a trusted person to make financial and medical decisions on your behalf if you become unable to do so yourself.
For Specific Situations
Elder Law
Legal guidance for older adults and their families, covering long-term care planning, asset protection, and ensuring your rights are respected as you age.
Medicaid Planning
Strategic planning to help you qualify for Medicaid benefits without sacrificing the assets you have spent a lifetime building.
Special Needs Trusts
A legal structure that ensures a loved one with a disability is financially supported for life without affecting their eligibility for essential government benefits.
Guardianship
Legal representation for families seeking to establish guardianship over a minor or an adult who is unable to make decisions independently.
Our Approach to Estate Planning
Every client who comes to us is navigating something important. Our process is designed to make that as clear, efficient, and stress-free as possible, from the first conversation to the moment you walk out with a finalized plan. Our team stays in constant contact throughout, ensuring no question goes unanswered and nothing moves forward until you are fully comfortable. Here is what you can expect at each stage.
Initial Consultation
We begin with a complimentary consultation to understand your situation, your goals, and what brought you in. This meeting can take place at our Midtown Manhattan office, by phone, or by video conference, whatever works best for you. We will review any existing documents you may have, discuss your options, and make sure you leave with a clear picture of what your plan should include and why. There is no pressure and no obligation.
Case Analysis and Recommendations
Once we have a clear picture of your situation, we develop a personalized strategy tailored to your specific circumstances. We explain each document, its purpose, and how it fits into the overall plan. If a trust is appropriate, we explain why. If a will alone is sufficient, we explain that too. You will receive a clear fee quote before any work begins, so there are no surprises.
Document Drafting
Once you decide to move forward, we send you a detailed questionnaire to gather the specific information needed to draft your documents accurately. We review your responses carefully, and if anything is missing or unclear, we follow up before sending anything into production. Within approximately two weeks you will receive drafts for your review.
Review and Approval
We send the drafts to you with a full explanation of what each document contains. Some clients are ready to move forward immediately; others need time to review or have questions, and that is completely normal. We are available by email throughout this stage, and if anything is still unclear, we schedule a follow-up meeting. Nothing moves forward until you are completely comfortable with what you are signing.
Signing and Execution
Once you are ready to sign, we schedule your appointment within a week. The signing takes place at our Manhattan office where all documents are properly executed, witnessed, and notarized as required by New York law. You leave with original documents and copies, along with guidance on proper storage and next steps such as asset titling or beneficiary updates.
Learn More About Our Process & How To Get Started →
How We Get to Know Your Situation
You do not need to have everything figured out before reaching out. During your first consultation, we will ask you a series of questions to help us understand your situation and determine the best path forward. Here is the kind of information that helps us get there:
- What brought you in: Something usually triggers the decision to call. Whether it is a recent diagnosis, a new child, an aging parent, a change in your financial situation, or simply the realization that you have been putting this off, knowing what prompted you helps us understand where to focus first.
- Who the plan is actually for: Sometimes the person calling is not the person the plan is for. An adult child may be reaching out on behalf of an aging parent, for example. It is important for us to know from the start who the plan is centered around, since everything we do will be tailored to their situation, their assets, and their state of residence.
- Where the client resides: Estate planning is governed by state law, and the rules vary significantly from one jurisdiction to another. We practice in New York (and have a second office in New Jersey). If your parents live in Florida, for example, you would need an attorney local to them. For Medicaid planning specifically, rules can even vary by county within the same state.
- Life circumstances and goals: Are you looking for straightforward estate planning, or are there other concerns involved, such as Medicaid eligibility, asset protection, or planning for a family member with special needs? The more context you can share, the better we can tailor our approach.
- A general picture of income and assets: Rather than a single total, it helps to know the sources. Income may come from Social Security, retirement account distributions, or business income, and each is treated differently. Assets are more useful when broken down by type: cash, real estate, life insurance, retirement accounts, and business interests. If any real estate is located outside New York, that is something we will want to account for as well.
How Long Does Estate Planning Take?
In most cases, the process takes between four and eight weeks from your initial consultation to your signing appointment. The timeline depends on the complexity of your situation, how quickly we receive the information we need, and how much time you need to review your documents. We move at your pace, but our team is structured to turn things around efficiently at every stage.
Is Estate Planning a One-Time Process?
Your estate plan should be reviewed at least once a year, though you do not need to call us every time. What you are looking for are major life changes that may affect your plan: a birth, a death, a marriage, a divorce (and re-marriage, if that happens), or a move to another state. Any of these can change who should be inheriting your assets, who is authorized to act on your behalf, or whether your documents remain valid in your new jurisdiction.
The people you name in your plan matter as much as the plan itself. We have seen situations where a client named a single trustee with no contingency, and that person passed away unexpectedly, leaving no one legally authorized to manage the trust. These are the scenarios that proper planning, and proper counsel, anticipate. If a significant change happens in your life or in the life of someone named in your plan, that is the moment to reach out.
The Risks of Doing It on Your Own
Online tools and DIY templates can produce documents that look complete but fail when they are needed most. In New York, a will that is not executed with the correct formalities, two witnesses present and signing, can be thrown out entirely regardless of its contents. Beyond execution errors, improperly drafted documents can trigger will contests, leave assets unprotected, or create tax exposure that proper planning would have avoided.
Serving Manhattan and All of New York City
The Law Offices of Vlad Portnoy, P.C. is based in Midtown Manhattan at 450 7th Ave, Suite 1500, and serves clients across all five boroughs of New York City. We meet with clients in person at our Manhattan office, or by phone and video call, whichever works best for your situation.
- ManhattanOur home office, centrally located in Midtown at 450 7th Ave, Suite 1500, with easy access from across the city.
- BrooklynServing families across all Brooklyn neighborhoods, from Bay Ridge and Bensonhurst to Crown Heights, Flatbush, and beyond.
- QueensHelping Queens families in Flushing, Bayside, Forest Hills, Jamaica, Astoria, and throughout the borough.
- The BronxServing Bronx residents in Riverdale, Kingsbridge, Morris Park, Mott Haven, and surrounding communities.
- Staten IslandProviding legal guidance for Staten Island families with flexible in-person, phone, and video consultations.
Helpful Articles on Estate Planning
Planning your estate raises a lot of questions. These articles provide additional insights on the topics covered on this page, written by our team based on the real questions and situations we encounter every day.
Frequently Asked Questions About Estate Planning in NYC
A comprehensive New York estate plan typically includes a last will and testament, a revocable living trust (when appropriate), a durable power of attorney, a healthcare proxy, and a living will. Depending on your circumstances, it may also include an irrevocable trust, guardianship designations, a HIPAA authorization, and a letter of intent.
A basic will typically ranges from $500 to $1,500. A comprehensive estate plan with a will, power of attorney, healthcare proxy, and living will generally costs between $1,500 and $3,500. Plans that include a revocable living trust usually range from $3,000 to $7,500. Law Offices of Vlad Portnoy, P.C. offers a free initial consultation and transparent, flat-fee pricing.
Review your estate plan every three to five years, or immediately after a major life event: marriage, divorce, birth of a child, death of a beneficiary, significant change in net worth, or moving to or from New York State.
Dying without a will in New York (“intestate”) means your assets are distributed according to EPTL Section 4-1.1. The Surrogate’s Court appoints an administrator to manage your estate and, if you have minor children, a guardian. You have no say in any of these decisions.
Most of the estate planning process can be completed remotely via phone or video. However, New York law requires wills to be signed in the physical presence of two witnesses, and powers of attorney must be notarized. Our Midtown Manhattan office at 450 7th Avenue is easily accessible by subway, and we also offer home and hospital visits.