Key takeaways
- A Brooklyn estate planning attorney writes your will and any trusts, plans for the possibility that you can't make your own decisions, and helps protect your savings from long-term care costs, all under New York law.
- Most people put it off. In an AARP survey of adults 50 and older, 93% said a will is important, but only 51% had one.
- Before you hire anyone, ask four things: how much of their work is New York estate law, who actually drafts your documents, what the fee covers (in writing), and how they handle updates and probate.
- New York has its own estate tax. For 2026 the exemption is $7.35 million, well below the federal $15 million, and the state has a "cliff" that can tax an entire estate. A local attorney plans around rules like this every day.
- Alatsas Law Firm handles wills, trusts, Medicaid planning and probate for Brooklyn families, with the scope and fee explained before any work begins.
The short answer
Choose a lawyer who works on New York estate planning every day, tells you who will draft your documents, and gives you the fee in writing before you sign anything. If your parents are getting older, or you own a home in Brooklyn, also pick someone who handles elder law and Medicaid planning. Those issues tend to come up later, and it's much easier when the same lawyer already knows your plan.
The rest of this guide explains what that lawyer should be doing for you, the questions worth asking at a first meeting, and why New York law makes a local firm worth the effort.
The real competition is "I'll do it next year"
Most of the families we meet already know they need a plan. What stops them is time. They're busy, and thinking about death and disability is uncomfortable. That AARP survey shows how common this is: 93% of adults 50 and older say having a will is important, yet only 51% have one.
Choosing an attorney is what turns the intention into signed documents. If you're not sure where you stand, our estate planning readiness assessment takes a few minutes and shows you the gaps.
What does a Brooklyn estate planning attorney actually do?
They set out three things in legal documents: who gets your assets, who makes decisions if you can't, and how your family can avoid unnecessary time in court. A good plan covers three stages of life:
- While you're healthy: your will, any trusts, and the beneficiaries named on your accounts and life insurance.
- If you become incapacitated: a durable power of attorney for money matters, plus a health care proxy and living will for medical decisions.
- After you pass away: naming an executor or trustee, and arranging things so your family spends as little time as possible in Surrogate's Court.
A lot of plans cover only the third stage. In our experience, the documents for the second stage are the ones families end up needing first.
A careful attorney also checks the beneficiary designations on your retirement accounts and life insurance. Those payments go straight to whoever is named on the form, regardless of what your will says, so an old form can quietly undo a careful plan. (We explain this further in how to update your estate plan after a major life event.)
If you don't have a plan, New York's intestacy laws decide who inherits, and a court oversees the process. Here's what happens if you die without a will in New York. With a plan in place, your instructions are followed instead.
Key services: wills, trusts, asset protection and elder law
Most families need some combination of these four.
Wills. A will says who inherits your property and who serves as executor, and nearly every plan starts with one. People tend to write one as they get older: Gallup reports that 46% of U.S. adults have a will, rising to 76% of those 65 and older. Keep in mind that in New York, a will on its own still goes through probate. See our will planning page for what we include.
Trusts. A revocable living trust keeps the assets it holds out of New York probate, keeps your affairs private, and makes it easier for someone to step in if you can't manage things yourself. Irrevocable trusts go further. If they're set up well in advance, they can protect assets from certain creditors and from long-term care costs (see the true costs and benefits of an irrevocable trust). If you're not sure which type fits you, read revocable vs. irrevocable trusts.
Asset protection and taxes. For most Brooklyn households, federal estate tax isn't the issue. The 2026 federal estate tax exemption is $15,000,000 per person, so almost no estates owe it. New York is a different story (more on that below). For many families, the bigger risk is the cost of a nursing home. That's where asset protection planning comes in.
Elder law. Elder law overlaps with estate planning but focuses on aging. It covers qualifying for Medicaid, paying for home care or a nursing home, and protecting the healthy spouse when the other spouse needs care. New York nursing-home Medicaid looks back five years at money you've given away or transferred, so starting early makes a real difference. Our Medicaid planning page explains how we approach it.
Questions to ask before you hire a Brooklyn estate lawyer
Bring this list to your first consultation. How a lawyer answers these questions will tell you a lot.
- How much of your practice is New York estate planning and elder law? You want someone who does this every day, not a general practitioner who fits in a will between real estate closings.
- Who drafts and reviews my documents? An attorney should do the legal work. A paralegal filling in a template doesn't count.
- Is the fee flat or hourly, and what does it include? Get it in writing. Ask what future changes and follow-up questions will cost. (Our guide to New York estate planning costs gives typical ranges, and the trust and will cost calculator gives you a quick estimate.)
- Will this plan avoid or reduce probate? The answer shows whether the lawyer is thinking about how the plan will actually work for your family, or just filling out forms.
- How do you handle updates? Marriage, divorce, a new baby or a big change in your assets all mean the plan should be revised.
- If I need Medicaid or long-term care later, can you help? A firm that does both estate planning and elder law can keep your plan consistent as your needs change.
Watch out for a few warning signs: a lawyer who won't discuss fees, pushes the same package on every client, or can't explain things in plain English. If you're weighing an online form instead, read about the pitfalls of a DIY estate plan first. For more on vetting a firm, see how to find a reputable estate planning attorney in Brooklyn.
Why a Brooklyn-based firm matters under New York law
New York estate law differs from federal law, and from most other states, in ways that can cost a family money without anyone noticing until it's too late. Three examples (we cover each in more depth in what the Big Beautiful Bill means for New York estate planning):
- A much lower estate tax threshold. New York's exemption for 2026 is $7.35 million, less than half the federal $15 million.
- The "cliff." If a taxable estate goes more than 5% over the exemption (about $7.72 million in 2026), New York taxes the entire estate, not just the amount over the limit.
- No carryover between spouses. Federal law lets a surviving spouse use the unused exemption of the spouse who died. New York doesn't, so couples often need trust planning in their wills to make use of both exemptions.
These issues can affect ordinary Brooklyn families. A brownstone, a couple of retirement accounts and a life insurance policy can add up faster than people expect. A plan written without New York's rules in mind can cost your heirs real money.
Being local also helps in practical ways. A Brooklyn firm knows how the Kings County Surrogate's Court works and what its clerks expect in a filing, which helps keep probate or a trust administration moving. And New York has strict rules for how a will must be signed and witnessed. A signing meeting at a nearby office makes it easy to get those right.
How Alatsas Law Firm works with Brooklyn families
We start by listening. In the first conversation we ask about your family, what you own and what worries you. Then we recommend a plan that fits your situation instead of a one-size-fits-all package. For some clients, that means a will, powers of attorney and a health care proxy. Others need a trust-based plan or a Medicaid asset protection trust because a parent may need care soon. You can see each step in our estate planning process.
Because we handle estate planning, elder law, Medicaid planning and family law in one office, your plan stays consistent as life changes. If there's a divorce, a new grandchild or a sudden need for long-term care, the same team updates the plan rather than starting from scratch. Before any work begins, we explain exactly what's included and what it costs.
The plan is led by Theodore Alatsas, Esq. To hear from families who've worked with us, read our client testimonials.
Your next step
Choose two or three Brooklyn firms, book consultations, and bring the questions above to each one. Notice which lawyer explains New York's rules and their fees most clearly, and who sees your plan as a long-term relationship rather than a one-time transaction.
If you'd like to talk with us, contact Alatsas Law Firm to book an initial consultation. We'll answer your questions before you decide anything.
Frequently asked questions
How much does a Brooklyn estate planning attorney cost?
Most Brooklyn estate planning attorneys charge a flat fee for a basic package: a will, a power of attorney, a health care proxy and a living will. Plans built around a trust cost more because they involve more drafting and moving assets into the trust. Always get the fee in writing. Our NY estate planning cost guide explains what affects the price.
Do I need a will or a trust in New York?
Many families need both. A will says who inherits your property and names a guardian for minor children. A revocable living trust keeps the assets it holds out of probate and keeps them private. Most trust-based plans also include a "pour-over" will to catch anything left outside the trust. Read more in how trusts and wills work together in New York.
What is the difference between estate planning and elder law?
Estate planning is about passing your assets to your heirs efficiently and naming people to make decisions for you if you can't. Elder law adds planning for long-term care: qualifying for Medicaid, paying for home care or a nursing home, and protecting the healthy spouse's finances. We break this down further in elder law and estate planning: a comparison.
Does New York have an estate tax?
Yes. For 2026, New York taxes estates over $7.35 million. If a taxable estate goes more than 5% over that amount, the entire estate is taxed, not just the excess. The federal exemption is much higher, at $15 million per person.
When should I update my estate plan?
After any major life change: marriage, divorce, a birth, a death in the family, a large change in your assets, or a move to or from New York. Even if nothing changes, review it every three to five years. See 7 signs it's time to update your estate plan.
