Serving Queens, Brooklyn, Nassau & New York City since 1985

Richard Cary SpivackAttorney at Law · Queens

Estate planning

Wills & Trusts in Forest Hills: A Simple Plan That Protects Your Family

Published
September 11, 2025
Reading time
3 minutes
Subject
Estate planning

Estate planning is one of the few things everyone agrees they should do and almost nobody gets around to. The reasons are usually the same: it feels morbid, it feels expensive, and it feels like it can wait. Then somebody dies and the family finds out what happens when it has not.

What a will does

A will says who receives what after death, and it names a guardian for any minor children. It is the only document that does either of those things. It is also a public document, and assets passing under it generally go through probate.

What a trust does

A trust is different in kind. You transfer assets to a trustee who holds them for beneficiaries. Properly funded, those assets pass outside probate, the transfer is generally private, and you can set conditions and timing — so a beneficiary might receive income while they are young and the principal later. That last feature is the one people most often overlook and most often wish they had.

Do you need one, both, or neither

If you have minor children, a will is not optional — it is the only way to name their guardian. If you own a home, a will or a trust matters because a house titled solely in your name goes through probate. If you have assets of meaningful size, a revocable trust becomes worth considering for the privacy and control. If you have a blended family, or a partner you are not married to, or a child with a disability, planning takes on a specific urgency that nothing else replaces.

The most common failure is having a trust that holds nothing. If your house, your accounts and your vehicles are still in your name, they do not pass under the trust and they go through probate regardless of how good the document is.

When to review it

Not on a calendar — on an event. Marriage or divorce. A child born or adopted. A significant change in money. Buying or selling property, particularly in Queens where a co-op or condominium purchase often has its own financing. A move to or from New York. A change in who you would trust with the job. A change in health. Each of these makes a plan out of date in ways that are easy to forget.

What self-service documents get wrong

  • Execution requirements are not met, and the document is not valid
  • A generic power of attorney that stops working the moment the agent needs it
  • A health care proxy not on the form New York requires
  • A trust with no successor trustee named
  • No successor executor named — which is what happens when the person you named dies first
  • A beneficiary designation on an insurance policy or retirement account that was never updated after a divorce

New York requires specific formalities. A document that misses one can be unenforceable at exactly the moment it is needed, which is the worst possible time to discover it.

Documents that are almost always worth having

  • A will, with a successor executor and a successor guardian
  • A revocable trust, if the estate warrants one
  • A durable or springing power of attorney
  • A health care proxy on the state’s form
  • A written record of where each document is, and who holds it

That last item is unglamorous and decisive. A power of attorney in a box nobody can reach is not a plan.

Why Forest Hills is a good place to do this

Queens is unusually well suited to this kind of long-horizon planning. A great deal of property here is held across generations, frequently in family names, often through co-ops and condominiums with their own requirements. Getting titling and beneficiary designations right now is worth a great deal to the people who have to deal with it later.

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Related questions

Also worth knowing

Do I need a will if I have a trust?

A trust covers only what is in it. Anything titled solely in your own name — a house, a bank account, a vehicle — does not pass under the trust and will go through probate instead. A will is what directs those assets, and it is the only document that can name a guardian for a minor child. Most people who have a trust also have a will, and they work together rather than one replacing the other.

Can I make a will online?

That is not a question of convenience but of validity. New York requires specific execution formalities for a will, including witnessing by qualified witnesses, and a document that does not meet them will not be admitted no matter how well drafted it is. Some online services produce documents that satisfy the requirements and some do not, and the difference is hard to assess from the outside. If a will has already been made this way, I would rather review it than tell you to start again — many are fine.

Next step

Reading helps. A conversation answers it faster.

This guide is general information about New York law, not advice about your situation, and it does not create an attorney–client relationship.

If a deadline is running, call (718) 544-1000 rather than waiting on a reply. Information current as of 2026-09-30.