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United States Private Client Legal Articles

Browse our 1 legal article about Private Client in United States written by expert lawyers.

Estate Tax 2026 Outlook: United States Exemption Sunset Prep
Private Client
Federal estate and gift tax exemption is historically high (over $13 million per person in 2024) but is scheduled to drop by roughly half after December 31, 2025. The IRS "use it or lose it" rules let you lock in the current higher exemption with lifetime gifts; if you wait... Read more →

About Private Client Law in New City, United States

Private Client law focuses on individuals and families, not businesses. In New City, New York, this area covers wills, trusts, estates, guardianship, elder law, and related fiduciary matters. Local practice often involves coordinating with the Surrogate's Court and private counsel to protect heirs and beneficiaries.

Private client cases typically require careful drafting and timely administration. An attorney or legal counsel helps ensure documents reflect your goals, minimize taxes, and reduce confrontation among family members. In New City, residents regularly rely on private client counsel for estate plans, probate, and guardianship issues.

Why You May Need a Lawyer

Private client matters in New City often involve concrete, real world scenarios. Here are 4-6 situations where hiring an attorney can make a difference:

  • A blended family in Clarkstown seeks a trust based plan to provide for a spouse while safeguarding children from a prior marriage.
  • A loved one dies in New City and the family needs to probate the will and administer the estate through the Surrogate's Court.
  • An elderly parent has dementia and requires a guardianship or conservatorship to manage finances and living arrangements in Rockland County.
  • You want to set up a trust to protect assets from probate and to manage wealth for a child with special needs in New City.
  • A family suspects a will contest and needs a lawyer to handle challenges, evidence, and fiduciary duties carefully.
  • You are planning for Medicaid eligibility and long term care costs and need an elder law plan that includes gifting and asset protection strategies.

Local Laws Overview

New City residents are subject to New York private client laws that govern estates, trusts, and guardianships. The main statutory framework includes the following core laws:

Estates, Powers and Trusts Law (EPTL) - This is the primary New York statute governing the creation of trusts, the execution of wills, and the duties of fiduciaries. It guides how assets pass to beneficiaries and how trusts are administered.

Surrogate's Court Procedure Act (SCPA) - This act governs probate, estate administration, fiduciary appointments, and related court procedures in New York. It directs how documents are filed and how creditors are addressed in estate matters.

New York Tax Law Article 26 - Estate Tax - This statute sets the state estate tax rules for decedents. It includes the exemption thresholds, tax rates, and filing requirements that affect planning strategies.

Recent updates in private client practice often focus on simplifying fiduciary accounting, addressing digital assets, and streamlining guardianship processes. Always check the latest official summaries for current text and any amendments.

According to the New York State Unified Court System, the Surrogate's Court handles probate and administration of estates in New York.

For official context on court procedures and fiduciary roles, consult the Surrogate's Court guidance and local court rules.

The Estates, Powers and Trusts Law (EPTL) governs trusts and estates in New York and sets fiduciary duties across planning and administration.

Understanding EPTL provisions helps you structure durable plans and manage trusts appropriately under New York law.

New York state imposes an estate tax on assets above the state exemption, administered by the Department of Taxation and Finance.

Estate tax planning is essential when your net worth approaches or exceeds the exemption level; consult the tax authority for the latest figures.

Frequently Asked Questions

What is the difference between an executor and an administrator?

An executor is named in a will to settle the estate. An administrator handles intestate estates without a will. In New City, the Surrogate's Court appoints the administrator or executor.

How do I start probate in New City?

File a petition in the Surrogate's Court in Rockland County and provide the original will if one exists. The court will appoint a fiduciary to administer the estate and notify heirs and creditors.

What is the NY estate tax exemption and when does it apply?

The NY estate tax applies when the estate exceeds the state exemption threshold. Exemption levels can change with inflation adjustments and legislative updates. Check the Department of Taxation and Finance for current figures.

How much does it cost to hire a private client attorney in New City?

Fees vary by case and firm. Common models include hourly billing, flat fees for straightforward tasks, and retainer agreements for ongoing planning. Expect initial consultations to be cited separately.

How long does probate take in New City?

Probate often runs from 6 to 18 months depending on complexity and creditor claims. Estate administration can extend beyond probate if disputes arise.

Do I need to hire a lawyer for simple wills?

For a simple will, you may still benefit from review by a lawyer to ensure validity and to avoid common ambiguities. A lawyer can tailor a will to your family circumstances and tax goals.

What is a trust, and do I need one?

A trust is a legal arrangement for managing assets. You might use a trust to avoid probate, control asset distribution, or provide for a minor child or disabled beneficiary. An attorney can assess suitability.

Can I rewrite my will in New City and stay valid?

Yes. You can revoke an old will and execute a new one with proper formalities. The new will should reflect current wishes and avoid conflicting provisions.

Should I consider guardianship for a family member in New City?

Guardianship may be appropriate if a family member cannot care for themselves or manage finances. An attorney can help you plan a guardianship petition and alternatives like powers of attorney.

Do I need to sign a power of attorney in New York?

A power of attorney grants someone authority to act on your behalf. It is a common elder law tool, but it should be drafted carefully to avoid abuse or unintended consequences.

Is there a difference between a living will and a last will?

A living will (advance directive) covers medical decisions in a health crisis. A last will governs the distribution of assets after death. Both are important in comprehensive planning.

How do I choose an estate planning attorney in New City?

Look for experience in wills, trusts, and probate, with strong communication and clear fee structures. Seek referrals from trusted sources and meet for a paid consultation before hiring.

Additional Resources

  • Internal Revenue Service (IRS) - Federal estate and gift tax guidance and forms. https://www.irs.gov
  • New York State Department of Taxation and Finance - State estate tax information and exemption schedules. https://www.tax.ny.gov
  • New York State Bar Association - Professional guidance and ethics resources for private client practice. https://nysba.org

Next Steps

  1. Clarify your goals for estate planning, guardianship, or probate. Note any unique family or tax considerations in New City.
  2. Gather key documents: wills, trusts, deeds, life insurance policies, and recent financial statements.
  3. Identify potential lawyers in New City who specialize in private client matters. Use bar associations and referrals for screening.
  4. Schedule initial consultations with 2-3 attorneys to compare approaches and fees. Bring your documents and questions.
  5. Ask about engagement terms, billing methods, and expected timelines for your case type. Get written estimates if possible.
  6. Choose a lawyer and sign a retainer agreement outlining scope, costs, and communication expectations.
  7. Implement your plan, monitor changes in law, and schedule periodic reviews every 2-3 years or after major life events.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.