Estate Planning Attorneys in Staten Island
Estate Planning in New York Is About Control—Not Just Assets
Estate planning is not just about what happens after you pass away. It is about maintaining control over your finances, your healthcare decisions, and your family’s future—while you are alive and after you are gone.
Without a plan, New York law—not your wishes—determines how your assets are distributed, who makes decisions for you, and how long your family may be tied up in court.
At Angiuli & Gentile, LLP, we have helped Staten Island families protect what they have built since 1985, creating clear, legally sound estate plans tailored to each client’s life and goals.
What Happens If You Die Without a Will in New York
If you pass away without a will, your estate is distributed under New York’s intestacy law (EPTL §4-1.1).
For example:
- If you have a spouse and children, your spouse receives $50,000 plus half of the remaining estate, with the balance going to your children
- If you have a spouse and no children, your spouse receives everything
These rules are rigid. They do not account for blended families, stepchildren, or personal intentions.
This is one of the most common—and preventable—sources of family conflict.
The New York Estate Tax “Cliff”
New York’s estate tax system creates a significant planning issue.
The 2026 exemption is approximately $7.35 million per individual.
However:
If your estate exceeds the exemption by more than 5%, you lose the exemption entirely, and the full estate becomes taxable.
This “cliff” can result in substantial, unexpected tax liability.
For many families, proper planning is not about avoiding taxes altogether—it is about avoiding unnecessary ones.
Why Estate Planning Matters for Every Adult
Estate planning is not just for high-net-worth individuals.
If you:
- Own a home
- Have children
- Want to control medical decisions
- Want to avoid delays and court involvement
then estate planning is essential.
Without it, the court decides:
- Who inherits your assets
- Who cares for your children
- Who manages your finances if you are incapacitated
- How long your family waits for access to your estate
Wills: The Foundation of Your Plan
A will allows you to:
- Direct how your assets are distributed
- Name an executor to manage your estate
- Appoint guardians for minor children
- Provide instructions for personal property and specific bequests
Without a valid will, your estate must go through probate and be distributed according to state law.
Trusts: Avoid Probate and Protect Your Assets
Trusts offer greater flexibility, control, and privacy than wills alone.
We assist clients in establishing:
- Revocable Living Trusts to avoid probate and maintain control during life
- Irrevocable Trusts to protect assets from taxes, creditors, or long-term care exposure
- Special Needs Trusts to provide for loved ones without affecting benefits
- Testamentary Trusts to protect minors or vulnerable beneficiaries
A properly structured trust can significantly reduce court involvement and delay.
Probate in Staten Island: What Families Should Expect
Probate is handled through Surrogate’s Court.
For Staten Island residents:
- Richmond County Surrogate’s Court is located at 18 Richmond Terrace
Typical probate timelines:
- Simple estates: 7–12 months
- Average estates: 12–18 months
- Complex or contested matters: 2+ years
In addition to time, there are also filing fees under SCPA §2402, which increase based on estate value.
For many families, avoiding probate through proper planning is a priority.
Powers of Attorney and Health Care Proxies
Estate planning also protects you during your lifetime.
A Durable Power of Attorney allows someone to manage your financial affairs if you become incapacitated.
A Health Care Proxy allows someone to make medical decisions on your behalf.
A Living Will outlines your preferences for life-sustaining treatment.
Without these documents, your family may need to seek court-appointed guardianship.
Guardianship in New York
When no planning is in place, guardianship proceedings may be required.
We assist with:
- Article 81 guardianship (incapacitated adults)
- Article 17-A guardianship (individuals with developmental disabilities)
These proceedings require court petitions and judicial approval and can be time-consuming and emotionally difficult.
Proper planning can often avoid them entirely.
Estate Administration and Probate Disputes
We assist clients with all aspects of estate administration, including:
- Filing wills with Surrogate’s Court
- Identifying and distributing assets
- Handling debts and tax obligations
- Resolving disputes among beneficiaries
- Representing clients in will contests or fiduciary disputes
These matters require both legal precision and sensitivity to family dynamics.
Building an Estate Plan That Reflects Your Life
No two estate plans are the same.
We work closely with clients to:
- Understand family structure and priorities
- Identify potential risks and tax exposure
- Design a plan that evolves over time
Estate planning is not a one-time event. It is an ongoing process.
What to Expect When You Get Started
- Initial consultation to understand your goals
- Review of assets and family structure
- Development of a customized plan
- Drafting and execution of documents
- Ongoing updates as your life changes
Frequently Asked Questions
Do I need an estate plan if I don’t have significant assets?
Yes. Estate planning is about control—over decisions, guardianship, and healthcare—not just wealth.
What happens if I die without a will?
Your estate is distributed under EPTL §4-1.1, which may not reflect your wishes.
What is the difference between a will and a trust?
A will goes through probate. A trust can avoid probate and provide more control over distributions.
How often should I update my estate plan?
Every 3–5 years or after major life events.
How long does probate take in Staten Island?
Typically 9–18 months for most estates, longer for complex cases.
Do I need a trust if I already have a will?
In many cases, yes—especially if avoiding probate or protecting assets is a priority.
Who should I choose as executor?
Someone responsible, organized, and trustworthy. New York law also allows executor commissions under SCPA §2307, which should be considered when making this decision.
Contact a Staten Island Estate Planning Attorney
Estate planning is your opportunity to protect your family, preserve your assets, and make your wishes clear.
At Angiuli & Gentile, LLP, we provide experienced, practical guidance to help you plan with confidence.
Schedule a private consultation today.
Frequently Asked Question Videos
Estate Planning Isn’t Just for the Wealthy | Angiuli & Gentile, LLP
Estate Planning Isn’t Just for the Wealthy | Angiuli & Gentile, LLP
Video Transcript
Whether or not an individual needs estate planning really has little to do with the amount of wealth that the individual has. This is because estate planning includes things such as having a power of attorney in place and having a health care proxy and living will in place. These documents are going to help individuals during their lifetimes. And in the event that we become unable to take care of our own affairs, it’s so critical to have legally designated who we want to stand in our shoes to do all of the things that we would otherwise be able to do. Because the alternative to that in certain situations is that a court could appoint a legal guardian for the individual where the legal guardian may be someone the individual doesn’t even know. As opposed to a friend or family member who could be designated had the individual done at least some basic estate planning such as doing a power of attorney and healthcare proxy.
Keep Your Estate Plan Up to Date | Angiuli & Gentile, LLP
Keep Your Estate Plan Up to Date | Angiuli & Gentile, LLP
Video Transcript
When clients come into the office, I encourage them to never hesitate to contact us if they have any questions, even after we’re done preparing all of their documents because I’d much prefer that they call or come in when they’re contemplating taking certain steps to make sure that they’re not going to negatively impact the estate planning that they had done as opposed to just winging it. We here send out letters to our estate planning clients typically every 2 to 3 years where we invite them to come in just to allow us to inform them of changes in the law and we also encourage them to come in to tell us about changes in their lives so that we can take a look to see whether any modifications need to be done to their existing estate plans or whether we should be doing new documents or addition additional documents. We also here at Angiuli & Gentile have a consultation policy where our existing estate planning clients, even when we’re done with doing our actual work, can come in at no cost to just ask their questions or to review their documents at any time.
Most People Wait
Too Long to Plan
24%
146,396
15.4%
