A Will is a set of written directions as to what happens to your property when you pass away. Wills distribute assets to beneficiaries, and name executors to be in charge of the process. It’s important to know that Wills must be submitted to the Surrogate’s Court in your home county to be proven valid. This process is called probate, and all probate filings are public.

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A Trust is another way to make your wishes known with respect to your property. There are different types of trusts, including living (revocable) trusts and irrevocable trusts. Trusts name a trustee to manage assets according to our instructions within the document. Trusts take effect upon funding, can be invaluable during periods of incapacity, and can help avoid the probate process after death if properly funded. Trusts are also private documents that need not be made public, like Wills.