Practice Area

Need a Will, Trust, or Medicaid Plan in New York?

Reviewed by Thomas A. Sirianni, Esq. — July 2026

If you live in Nassau or Suffolk County and want to protect your family, your home, and your savings from probate delays, estate taxes, and long-term care costs, you need a clear plan in place before a crisis happens. As a Long Island estate planning attorney with 27 years of experience, I help families build wills, trusts, powers of attorney, and Medicaid asset-protection plans tailored to New York's Surrogate's Court and Medicaid rules.

Or call (516) 314-1343

Cases I Handle in Estate Planning & Trusts

Last wills and testaments tailored to New York EPTL § 3-2.1 execution requirements

Revocable living trusts for probate avoidance

Irrevocable Medicaid asset-protection trusts (MAPTs)

Special needs trusts (first-party and third-party)

Durable powers of attorney with Statutory Gifts Riders

Health care proxies and living wills (advance directives)

Probate and estate administration in Nassau and Suffolk County Surrogate's Courts

Beneficiary designation review for retirement accounts, life insurance, and TOD/POD accounts

Are You Dealing With Any of These Situations?

You own a Long Island home and want to keep it out of probate for your children

A parent is entering — or may soon enter — a nursing home and you're worried about losing the house to Medicaid

You have minor children and no will naming a guardian

You were just diagnosed with a serious illness and have no health care proxy or power of attorney in place

A family member recently passed away and you need to probate a will or open an administration in Nassau or Suffolk Surrogate's Court

You have a child with special needs and want to leave assets without disqualifying them from SSI or Medicaid

Relevant New York Laws

NY EPTL (Estates, Powers and Trusts Law)

New York's principal statute governing wills, trusts, intestate succession, and the rights of surviving spouses and children. EPTL § 3-2.1 sets the formal execution requirements for a valid will, and EPTL § 5-1.1-A governs the surviving spouse's right of election against an estate.

NY SCPA (Surrogate's Court Procedure Act)

Controls probate, administration, accountings, and contested proceedings in Nassau and Suffolk County Surrogate's Courts. SCPA Article 14 governs probate of wills and SCPA Article 17-A covers guardianships for individuals with intellectual or developmental disabilities.

NY Social Services Law § 366 and 18 NYCRR § 360-4.4

Govern Medicaid eligibility, the five-year look-back period for institutional Medicaid (nursing-home) coverage, allowable transfers, and the use of irrevocable Medicaid asset-protection trusts. Community Medicaid (home care) currently has a 30-month look-back as it phases in.

NY GOL § 5-1501 (Statutory Short Form Power of Attorney)

Establishes the form and execution requirements for a valid New York power of attorney, including the separate Statutory Gifts Rider that authorizes gifting and Medicaid planning transfers above $5,000.

Ready to Discuss Your Case?

When you contact this office, you speak directly with Thomas A. Sirianni, Esq. — not a paralegal, not an intake service. Every conversation is confidential.

Call (516) 314-1343

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