Estate Lawyer Greenburgh

In Greenburgh, securing your family’s future and protecting your assets requires an estate lawyer who understands the unique needs of your community. Ledwidge & Associates is dedicated to providing estate planning solutions that give you peace of mind today and safeguard your legacy for tomorrow. Whether you’re drafting a will, setting up trusts, or navigating complex probate matters, our team is here to guide you every step of the way. Reach out at (929) 492-2814 to schedule your free consultation and take the first step toward a confident estate plan tailored just for you.

Our practice areas include:

• Estate Planning
• Probate
• Wills and Trusts
• Power of Attorney
• Guardianship

Understanding Key Differences in Estate Laws Between New York and Other States

Estate planning is essential no matter where you live, but laws governing estates vary significantly from state to state. If you’re in Greenburgh or elsewhere in New York, it’s important to recognize how New York’s estate laws differ from those in other parts of the country. These differences can affect everything from how your will is executed to the taxes your heirs may owe. Working with an estate lawyer familiar with New York law can make a substantial difference in protecting your wishes and your family’s future.

Probate Procedures Can Vary Widely

One of the biggest differences in estate law between New York and other states is how probate is handled. Probate is the legal process of validating a will and administering the deceased’s estate. In New York, probate is a court-supervised procedure that can be time-consuming and costly, often taking several months to a year to complete.

Some states offer a simplified probate process or allow small estates to bypass probate entirely. For example, California and Texas provide streamlined procedures for estates under certain value thresholds, which means heirs might avoid court involvement. New York’s threshold for small estate administration is relatively low compared to other states, making the streamlined options less accessible.

This difference matters because probate delays can affect your beneficiaries’ ability to access assets promptly. An estate lawyer in Greenburgh can help you structure your plan to minimize probate challenges under New York law.

Estate and Inheritance Taxes Are Not the Same Everywhere

Taxes related to estates are another area where New York stands apart. The state imposes an estate tax on estates exceeding a certain value, currently set around $6.11 million (as of 2025). This tax is separate from the federal estate tax, which applies only to estates exceeding $12.92 million in 2023.

Not every state has an estate tax. Some impose an inheritance tax, which is a tax paid by the beneficiaries rather than the estate. Pennsylvania, for instance, has an inheritance tax that varies based on the beneficiary’s relationship to the deceased. New York does not have an inheritance tax but does have the estate tax, which can impact how much your heirs ultimately receive.

Understanding these tax distinctions is crucial when planning your estate. An estate lawyer based in Greenburgh can provide advice tailored to New York’s tax rules and help you implement strategies to reduce tax burdens.

Wills and Their Execution Have Unique Requirements

Wills are foundational to estate planning, yet the rules about creating a valid will differ from state to state. In New York, a will must be in writing, signed by the testator (the person making the will), and witnessed by at least two people who are present at the same time. These witnesses cannot be beneficiaries named in the will.

Other states may have more lenient or stricter requirements. For example, some states accept handwritten wills, called holographic wills, without witnesses, while New York does not recognize such wills unless they meet the formal requirements. Additionally, some states allow electronic wills, but New York has yet to officially permit them.

Failing to meet New York’s will execution rules could invalidate your will and cause your estate to be distributed according to state intestacy laws. Consulting an estate lawyer in Greenburgh ensures your will complies with all necessary regulations.

Community Property States Have Different Rules About Ownership

Ownership of assets plays a major role in estate planning. Most states, including New York, follow common law principles, meaning property acquired during marriage generally belongs to the spouse who earned or bought it. New York is not a community property state.

In contrast, states like California, Texas, and Arizona recognize community property. In these states, property acquired during marriage is considered jointly owned by both spouses. This can influence how estates are divided upon death and how assets are protected during divorce or probate.

For residents of New York, this means estate plans can be structured differently than in community property states. A Greenburgh estate lawyer understands these distinctions and helps clients plan accordingly to avoid surprises.

Trust Laws and Their Variations Across States

Trusts are popular estate planning tools for managing assets during life and after death. New York has its own set of rules regulating trusts, including requirements for trustees and beneficiaries.

Some states allow more flexibility with trust provisions, while others impose specific limitations. For instance, South Dakota and Nevada are known for very trust-friendly laws that offer strong asset protection and privacy features. New York’s trust laws are more traditional and may require more oversight.

If you are considering a trust as part of your estate plan, it’s important to understand how New York’s laws shape trust administration and tax treatment. A local estate lawyer can guide you in choosing the right type of trust for your goals and ensure compliance with state rules.

Intestate Succession Laws Differ by State

If a person dies without a valid will, their estate is distributed according to the state’s intestacy laws. These laws determine who inherits and in what proportions.

New York’s intestacy rules prioritize spouses and children, but the exact shares depend on the family situation. For example, if there is a surviving spouse and children, the spouse receives the first $50,000 plus half of the remainder; the children share the rest.

Other states may have different formulas. Some give the entire estate to the spouse; others distribute assets differently among relatives. This can lead to unexpected results if you assume all states handle intestacy the same way.

Having a properly executed will drafted by a knowledgeable estate lawyer in Greenburgh helps avoid intestacy and ensures your assets pass as you intend.

Unique New York Estate Planning Tools

New York also offers estate planning tools that are not found or are less common in other states. For example, the New York Enhanced Life Estate Deed, sometimes called a “lady bird deed,” allows homeowners to transfer property upon death without probate but retains control during life. Not all states offer this option.

Similarly, New York law permits certain types of special needs trusts and Medicaid asset protection trusts that help families care for disabled loved ones while preserving eligibility for government benefits.

An estate lawyer practicing in Greenburgh can help you navigate these unique tools to maximize their benefits.

Why Local Expertise Matters

Estate laws are complex and frequently updated. When you work with an estate lawyer in Greenburgh who understands New York’s specific rules, you get tailored advice that fits your circumstances. Attempting to apply general or out-of-state information to your New York estate plan can result in costly mistakes and unintended consequences.

Plan Today, Protect Tomorrow with an Experienced Estate Lawyer in Greenburgh

When it comes to protecting your assets and ensuring your wishes are honored, having an estate lawyer on your side makes all the difference. Ledwidge & Associates in Greenburgh is committed to crafting comprehensive estate plans that reflect your goals and provide security for your loved ones. Don’t leave your legacy to chance—call (929) 492-2814 today to schedule your free consultation and discover how legal guidance can bring clarity and confidence to your estate planning journey.