Best Private Client Lawyers in White Plains

About Private Client Law in White Plains, United States

Private client law covers legal services for individuals and families - estate planning, wills and trusts, probate and estate administration, elder law, guardianship, tax and asset protection planning, charitable giving, and family office matters. In White Plains, many private client matters are shaped by New York State statutes and by local practice in Westchester County. White Plains is home to county courts and administrative offices that handle probate and related proceedings, making it a convenient location for residents to seek counsel and begin court processes when necessary.

Why You May Need a Lawyer

Private client matters often involve complex legal, tax, and personal issues. You may need a lawyer if you are:

- Creating an estate plan to ensure your assets pass to the right people and to reduce family conflict.

- Drafting or revising wills, revocable living trusts, durable powers of attorney, or health care proxies.

- Facing probate or trust administration after a loved one dies, including inventorying assets, paying creditors, and distributing property.

- Seeking guardianship or conservatorship for an incapacitated spouse, parent, or adult child.

- Planning for long-term care and Medicaid eligibility, including lawful asset-protection strategies.

- Addressing disputes among beneficiaries, will contests, or fiduciary breach claims.

- Structuring charitable gifts or family foundations and handling related tax considerations.

- Protecting assets from creditors or resolving business succession issues for closely held family businesses.

Local Laws Overview

Private client matters in White Plains are governed primarily by New York State law and administered locally through Westchester County courts and offices. Key legal frameworks and local institutions include:

- New York Estates, Powers and Trusts Law - governs wills, intestacy, trusts, and fiduciary duties.

- Surrogate's Court Procedure Act - sets procedures for probate, administration, accounting, and trust litigation in Surrogate's Courts.

- Westchester County Surrogate's Court - the local court that handles probate, administration of decedents estates, and related filings; many filings and hearings take place in White Plains.

- Westchester County Clerk - records deeds, mortgages, and other real property documents; property matters often tie into estate administration and trust administration.

- New York Medicaid rules and federal Medicaid requirements - important for long-term care planning; New York applies lookback rules to certain asset transfers when determining Medicaid eligibility.

- Mental Hygiene Law provisions for guardianship - New York has statutory procedures for appointing guardians for adults who lack capacity.

Local practice and court procedures can affect timing, documentation, and costs. Because statutory thresholds and procedural rules change periodically, local counsel can help you interpret current rules and apply them to your circumstances.

Frequently Asked Questions

What should I do immediately after a loved one dies?

First, locate the decedent's original will, trust documents, and important papers such as life insurance policies, deeds, and bank statements. Notify close family members and employers, secure real property, and obtain several certified copies of the death certificate. Contact an attorney to determine whether probate or trust administration is required and to begin needed filings with the Surrogate's Court or other local offices.

How do I know if I need probate in Westchester County?

Probate is required when a decedent dies owning assets in their name alone without a valid trust or designated beneficiary. If the decedent left a valid will, the executor named in the will typically petitions the Surrogate's Court to be appointed personal representative. If there is no will, an interested person may seek administration. Many smaller estates or assets with payable-on-death designations may be transferred without formal probate. A local attorney can evaluate the estate and advise on the most efficient path.

What is the difference between a will and a living trust?

A will is a testamentary document that takes effect at death and generally requires probate in Surrogate's Court to transfer assets. A revocable living trust is an inter vivos arrangement that can hold title to assets during life and provide for administration at death outside of probate. Trusts can offer privacy and potentially faster asset distribution, but they require proper funding and maintenance. Both tools serve different goals and are often used together in a coordinated estate plan.

Can I avoid probate in New York?

Some probate can be avoided through beneficiary designations, joint ownership with right of survivorship, transfer-on-death registrations where available, and properly funded trusts. However, not all assets can be transferred outside of probate, and avoidance strategies must be implemented correctly to be effective and to avoid unintended tax or Medicaid consequences.

What is Medicaid planning and why is it important?

Medicaid planning involves structuring assets and income so an individual qualifies for Medicaid benefits to pay for long-term care while protecting as much of their estate as possible. New York enforces a lookback period for certain transfers and has specific rules and penalties. Early planning with an attorney knowledgeable in elder law and Medicaid rules is important to avoid costly mistakes.

How is guardianship established in New York?

If an adult lacks the capacity to manage personal needs or property, an interested person can petition the court for guardianship under New York's statutes. The court typically requires medical evidence of incapacity and will appoint a guardian whose powers are tailored to the person's needs. Because guardianship is a significant curtailment of rights, courts often consider less restrictive alternatives first, such as powers of attorney or supported decision-making arrangements.

What should I include in an estate planning checklist?

Key items include a current will, revocable trust if appropriate, durable power of attorney for finances, health care proxy or living will, beneficiary designations for retirement accounts and life insurance, a list of assets and debts with account numbers and locations, digital asset instructions, and a letter of intent for personal wishes. Periodically review these documents after major life events like marriage, divorce, births, deaths, or significant changes in assets.

How are estate taxes handled in New York?

Estate tax treatment can involve both federal and New York State considerations. New York has its own estate tax rules and exclusion amounts that differ from federal thresholds. Gift tax rules at the federal level and income tax consequences for inherited assets can also be relevant. Because tax laws change, you should consult an attorney or tax advisor familiar with current New York and federal tax rules when planning larger estates.

What are common disputes in probate and trust administration?

Common disputes include will contests, claims of undue influence or lack of capacity, disagreements among co-executors or trustees, breach of fiduciary duty claims, creditor claims against the estate, and conflicts over the interpretation of trust or will provisions. Many disputes can be resolved through negotiation or mediation, but litigation in Surrogate's Court or other courts is sometimes necessary.

How do I choose a private client lawyer in White Plains?

Look for attorneys with specific experience in estate planning, probate, trusts, elder law, or tax matters as relevant to your needs. Ask about their experience with Westchester County Surrogate's Court, fee structure, and whether they use collaborative approaches like mediation. Request references, verify bar association membership, and seek an initial consultation to assess chemistry and clarity of advice.

Additional Resources

Below are local and state resources that can help you navigate private client matters in White Plains:

- Westchester County Surrogate's Court - the local court that handles probate and related filings.

- Westchester County Clerk - records real property documents and may assist with matters involving deeds and titles.

- New York State Unified Court System - publishes forms and court rules, including those for Surrogate's Courts.

- New York State Department of Health - provides information on Medicaid eligibility and long-term care programs.

- New York State Bar Association and Westchester County Bar Association - offer lawyer referral services and can help you find attorneys with private client experience.

- AARP and local elder law clinics - provide general guidance on elder law, benefits, and planning issues for older adults.

- Office of the New York State Attorney General - resources on consumer protection, charitable giving, and fiduciary matters.

Next Steps

If you need legal assistance with private client matters in White Plains, consider the following steps:

- Gather key documents - will, trust documents, deeds, account statements, insurance, and a list of assets and liabilities.

- Identify urgent needs - for example, imminent Medicaid applications, immediate estate administration after a death, or urgent guardianship needs.

- Contact a qualified attorney - seek a lawyer experienced in New York private client work and familiar with Westchester County courts. Ask about initial consultation fees and what documents to bring.

- Prepare questions for your consultation - goals for asset distribution, concerns about family disputes, tax exposure, long-term care planning, and fees and timelines.

- Consider interim protective steps - for example, securing property, preserving important accounts, and obtaining certified death certificates; these steps can be taken quickly while you arrange legal representation.

- Plan for regular reviews - once your plan is in place, review documents every few years or after major life changes to keep your plan current and enforceable under New York law.

Early, informed action helps preserve assets, reduce conflict, and ensure your wishes are honored. A local private client attorney can provide tailored, up-to-date advice and guide you through Westchester County procedures and New York State requirements.