Long Island Trust Lawyer Seth Schlessel Explains Grantor Trusts in New York

A grantor trust is a key estate planning tool that allows individuals to manage assets, reduce taxes, and ensure a smooth transfer of wealth. Long Island trust lawyer Seth Schlessel (https://www.schlessellaw.com/what-is-a-grantor-trust-in-new-york/) provides insights into how these trusts function under New York law and their role in financial planning. At Schlessel Law PLLC, he assists clients in structuring trusts that align with their long-term goals.

Under New York law, a grantor is the individual who creates and funds a trust during their lifetime. Long Island trust lawyer Seth Schlessel emphasizes that this definition differs from its use in real estate transactions, where a grantor transfers property ownership. Understanding this distinction is crucial for those considering a trust for asset protection, probate avoidance, or tax planning.

Grantor trusts are characterized by the grantor's retained control over assets or income. The IRS classifies a trust as a grantor trust when the grantor retains certain powers, such as the ability to manage assets, direct distributions, or borrow from the trust without interest. Long Island trust lawyer Seth Schlessel explains that these rules, outlined in the Internal Revenue Code, impact the tax treatment of the trust. When a trust qualifies as a grantor trust, its income is taxed to the grantor rather than as a separate entity.

The IRS uses specific criteria to determine whether a trust meets grantor trust status. Triggers include the grantor's ability to revoke the trust, control distributions, or retain a reversionary interest exceeding 5% of the trust's value. According to Long Island trust lawyer Seth Schlessel, one common example is a revocable living trust, where the grantor retains full control and can modify or dissolve the trust at any time. While revocable trusts avoid probate, they do not provide estate tax benefits.

Different types of grantor trusts serve various estate planning purposes. A Grantor Retained Annuity Trust (GRAT) allows the grantor to receive annuity payments for a set period before assets transfer to beneficiaries, reducing estate tax liability. A Qualified Personal Residence Trust (QPRT) helps transfer a family home at a reduced gift tax value while allowing the grantor to live in the property for a defined period. An Intentionally Defective Grantor Trust (IDGT) lets the grantor pay income tax on trust earnings while removing assets from the taxable estate, preserving wealth for heirs.

Setting up a grantor trust in New York requires careful drafting to meet legal and tax requirements. Trusts must be signed and either notarized or witnessed per New York's Estates, Powers & Trusts Law (EPTL 7-1.17). Funding the trust is also essential. Long Island trust lawyer Seth Schlessel notes that assets such as real estate, bank accounts, and business interests must be legally transferred to the trust to take effect.

A grantor trust offers several benefits, including tax advantages and asset management flexibility. Since income is taxed at the grantor's personal rate, rather than the higher trust tax rate, this strategy preserves more wealth for beneficiaries. Additionally, grantor trusts provide privacy by avoiding probate, a public and often lengthy court process in New York.

Long Island trust lawyer Seth Schlessel explains that grantor trusts also aid in Medicaid and long-term care planning. Certain irrevocable grantor trusts, like Medicaid Asset Protection Trusts, allow assets to be excluded from Medicaid eligibility calculations after the five-year look-back period. Special needs planning is another application, where parents can create a grantor trust to secure financial stability for a disabled child while preserving government benefits eligibility.

While grantor trusts provide advantages, they also come with considerations. The grantor remains responsible for the trust's income taxes, even if the income is retained within the trust. This could lead to a higher tax burden, especially if the trust generates substantial earnings. Additionally, irrevocable grantor trusts require relinquishing ownership of assets, limiting the grantor's ability to reclaim them.

For those considering estate planning strategies, consulting with a legal professional is critical. Long Island trust lawyer Seth Schlessel advises individuals to weigh the benefits and potential drawbacks of grantor trusts based on their financial situation and long-term goals. Whether aiming to reduce estate taxes, protect assets, or streamline inheritance, a well-structured trust can provide significant advantages.

At Schlessel Law PLLC, estate planning services include assistance in drafting, funding, and managing grantor trusts. Legal guidance ensures compliance with New York laws and maximizes tax benefits while preserving family wealth. Understanding how grantor trusts function is a crucial step in securing financial stability for future generations.

About Schlessel Law PLLC:

Schlessel Law PLLC provides comprehensive estate planning services to individuals and families in New York. Led by Long Island trust lawyer Seth Schlessel, the firm assists clients in creating trusts, wills, and other legal structures to protect assets and minimize tax liabilities. The firm is committed to offering tailored solutions that align with each client's unique financial goals.

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