Bronx & Westchester Estate Planning Attorney

Your home, your savings, and the people who depend on you deserve a plan that works, not a folder of documents that sit in a drawer until something goes wrong. Bronx & Westchester estate planning families trust Cavallo & Cavallo for straightforward advice on wills, trusts, powers of attorney, health care documents, and Medicaid planning, with the kind of personal attention that comes from a firm that has worked with this community for more than 35 years.

What makes estate planning in this region genuinely different from generic advice is the mix of property types, family structures, and long-term care concerns that Bronx and Westchester families deal with. A co-op in Riverdale, a two-family in Throgs Neck, a condo in New Rochelle, and a house in Yonkers each present different legal questions, and the planning tools that fit one family may not fit another. The firm’s attorneys start every conversation by understanding your property, your family, and what concerns you most, and then recommend only the documents that make sense for your situation.

Estate Planning Issues Bronx and Westchester Families Face

• Wills and who inherits: A properly executed will names your executor, your beneficiaries, and a guardian for minor children, and it controls what happens to assets that do not pass through a trust or beneficiary designation. Without one, New York law decides who inherits, and those defaults may not match what you would have chosen.
• Revocable living trusts vs. wills: Many families assume a will is enough to spare their family a court process, but a will almost always goes through probate. A revocable living trust keeps property out of probate entirely and allows a smooth transfer at death. The two documents serve different purposes, and understanding which one your situation calls for is the starting point, not the endpoint.
• Transfer on death deeds for homeowners: New York added a transfer on death deed option for real property, allowing homeowners to name a beneficiary who receives the property at death without probate. This tool has real advantages for some families and serious drawbacks for others, particularly those thinking about Medicaid or dealing with multiple heirs.
• Powers of attorney and health care documents: Estate planning is not only about what happens after death. A durable power of attorney allows someone you trust to manage your finances if you become unable to. A health care proxy names an agent to make medical decisions for you. A living will states your wishes about end-of-life treatment. Together, these documents prevent a family from facing an emergency without any legal authority to act.
• Medicaid planning and long-term care: Nursing home and home care costs can exhaust savings quickly. Medicaid asset protection trusts and other planning tools can help preserve the family home and financial resources while a loved one receives care, but the timing and structure of these arrangements matters enormously.
• Special needs planning: A family member with a disability who receives government benefits can lose those benefits if they inherit assets outright. A properly drafted special needs trust preserves the inheritance while protecting eligibility.
• Estate planning for co-op owners: Co-op shares are personal property, not real property, which means transfer on death deeds cannot be used for them. Co-op boards may also impose restrictions on who can hold shares. Planning for a co-op requires a different approach than planning for a house or condo, and conflating the two creates problems.

Why Clients Work With Cavallo & Cavallo for Estate Planning

Cavallo & Cavallo has helped Bronx and Westchester families protect their homes and savings for over 35 years, and the way the firm works with clients day to day reflects that history. Attorneys Lowrance Fisher and Gregory Stone, both recognized as Super Lawyers Rising Stars, take time before recommending any document to understand what a client owns, who they want to protect, and what they are worried about. That conversation is the foundation of every plan. Gregory Stone focuses on estate planning and works closely with parents putting wills and trusts in place and business owners protecting their companies. Clients who are elderly, disabled, or unable to travel to an office do not have to come in; the attorneys make house calls and can meet at a home, hospital, or care facility to review and sign documents. The firm’s bilingual staff assists clients in English and Spanish, and Attorney Fisher works with Russian-speaking clients in their own language. Free consultations are available for families who want to understand their options before committing to anything.

What distinguishes this practice from a generalist firm is the depth of integration between estate planning and real estate work. Because the firm has represented buyers, sellers, and lenders in Bronx and Westchester real estate transactions throughout its history, and because Attorney Fisher personally owns and manages investment properties in the area, the attorneys understand what property ownership in this region looks like. When a client buys a home, the firm can address how to take title and whether a trust or transfer on death deed belongs in the plan. When a client inherits a property or needs to sell a parent’s home as part of an estate, the firm handles both the estate administration and the real estate transaction together, so nothing falls between two separate law offices.

What New York Law Says About Key Estate Planning Documents

New York’s rules for executing estate planning documents have specific requirements, and documents that do not follow them precisely may be invalid when they are needed most. A health care proxy, which is the document that names someone to make medical decisions on your behalf, must be signed and dated by you in the presence of two adult witnesses, who also sign the proxy. The person you appoint as your health care agent cannot serve as one of the witnesses. Under New York law, any person over the age of 18 may serve as a witness, other than the appointed agent, and remote witnessing using audio-video technology is permitted under specific conditions: a witness participating remotely must receive a legible copy of the proxy within 24 hours of the principal signing it, and must then sign and return that copy. A living will, by contrast, cannot be used to name a health care agent; it is a separate document that records your wishes about treatment, particularly at the end of life.

For families concerned about preserving assets while a loved one receives nursing home care, New York’s Medicaid rules apply a 60-month look-back period when reviewing asset transfers. That look-back runs from the date the person is both institutionalized and has applied for Medicaid. Transfers made during that window can result in a period of Medicaid ineligibility, which is why early planning, before a health crisis forces the issue, produces significantly more options than crisis planning.

New York’s estate tax has its own exclusion amount that is entirely separate from the federal estate tax exclusion. For deaths occurring in 2026, the state basic exclusion amount is $7,350,000. Estates above 105 percent of that threshold, which is $7,717,500 for 2026, receive no credit and are taxed on the full estate value, not just the amount above the exemption. This creates a significant difference between New York and federal planning, since the federal exclusion is much higher. Taxable gifts made within three years of death are added back into the New York estate for purposes of this calculation, and that add-back rule currently applies to decedents dying before January 1, 2032. Additionally, if a surviving spouse believes they were not adequately provided for under a will, New York law gives them the right to elect against the estate and claim a statutory share; that election must be made within six months of letters testamentary being issued to the executor, with an outer limit of two years from the decedent’s death.

An irrevocable Medicaid trust, properly structured and funded before the five-year look-back window, can protect the home and other transferred assets because you have genuinely relinquished control.

How Estate Planning Interacts With Long-Term Care in Ways People Miss

The most common mistake families make is treating estate planning as a one-time task that covers everything. A will that was signed twenty years ago may name an executor who has since died. A power of attorney from an earlier era may no longer be effective with certain financial institutions that require updated forms. And neither a will nor a standard revocable trust does anything to protect assets from nursing home costs if planning is not done years ahead of a care need.

Medicaid asset protection trusts, often called irrevocable trusts, are fundamentally different from revocable living trusts, and families sometimes conflate them. A revocable trust is completely within your control during your lifetime and does not protect assets from Medicaid because you retain the ability to take assets back. The trade-off is real: you give up flexibility in exchange for protection. Understanding what you are getting with each type of trust, before signing anything, is exactly the kind of conversation the firm’s estate planning attorney prioritizes.

The same analytical question applies to transfer on death deeds. A homeowner who uses a transfer on death deed to avoid probate may inadvertently create a Medicaid problem if they later need nursing home coverage and the deed’s interaction with Medicaid rules was not considered. A Bronx estate planning attorney who handles both elder law and real estate understands how these tools interact, and that combined view is what prevents a planning decision from creating a problem in a different area of the client’s life.

Starting Your Estate Plan: What to Do First

The practical starting point is an honest inventory. Gather the documents that describe what you own and how you own it: deeds to any real property, statements from bank and investment accounts, retirement account beneficiary designation forms, life insurance policies, and any existing estate planning documents like a prior will or trust. The form of ownership on a deed, whether a property is in one name, in joint names, or already in a trust, determines what estate planning tools are available for it and shapes the entire conversation with an attorney.

Many families come to the firm after a triggering event: a parent’s hospitalization, a spouse’s diagnosis, a friend’s family caught in a year-long court process over a disputed estate. That urgency is understandable, but the planning options available to you depend heavily on timing. A person who is already in cognitive decline may no longer have the legal capacity to sign a power of attorney or change a trust, which means family members face a court guardianship proceeding instead of a simple document update. Acting before a health crisis is not pessimism; it is what preserves your options.

When you meet with an estate planning attorney in the Bronx or Westchester, expect the conversation to cover not just what documents you need but how they interact with each other. A health care proxy without a living will leaves your agent guessing about your wishes. A power of attorney without a trust may leave a large asset, like a house, in a form that still requires court involvement. And an estate plan that was not updated after a marriage, divorce, birth, or significant purchase may not reflect your current intentions at all. The firm recommends reviewing the plan after any of those life events, and the update process is kept straightforward for existing clients.

Questions Bronx and Westchester Families Ask About Estate Planning

Do I need a trust, or is a will enough for my situation?

A will is a legally binding document that controls what happens to your property, but it generally goes through probate, which is a court process that takes time and can become expensive or contentious. A trust allows assets held within it to pass without probate. Whether you need a trust depends on what you own, how it is titled, and whether avoiding probate, protecting assets from nursing home costs, or managing property for a minor or disabled beneficiary is a priority. Many families benefit from having both.

Can my power of attorney cover everything, or are there gaps I should know about?

A New York durable power of attorney allows your agent to handle a broad range of financial transactions on your behalf, but certain powers, such as making gifts to others, require an explicit authorization called a modifications rider. Some financial institutions also require their own forms or will not accept documents that are more than a certain number of years old. Having an attorney review or draft the power of attorney reduces the risk that it will be rejected when it matters most.

What happens to my Bronx two-family house if I die without a will?

If you die without a will in New York, your property passes through an administration proceeding under the state’s intestacy laws, which determine who inherits based on your family structure at the time of death. For a two-family house, the property does not automatically go to whoever lives there; it goes to whoever the law designates as your heirs, which may include people you would not have chosen. The house may need to be sold to divide the inheritance among multiple heirs, or one heir may need to buy the others out.

Is a transfer on death deed the right way to leave my house to my children?

A transfer on death deed is a useful tool for some homeowners, particularly those who want a simple way to pass a house without probate and who do not have Medicaid concerns. It is not available for co-op shares, and it may not be appropriate if there is an outstanding mortgage the beneficiary would take on, if multiple children are involved and there is potential for disagreement, or if Medicaid planning is part of the picture. An attorney should review your specific property and goals before you decide.

My parent is in a nursing home right now. Is it too late to protect any assets?

Not necessarily. While early planning offers the most flexibility, families dealing with an immediate nursing home situation still have tools available, including NYSARC pooled trusts. The options depend on how assets are currently held, what has already been transferred and when, and the specific Medicaid rules that apply. An elder law attorney can review the situation and explain what can still be done, even under time pressure.

What is the difference between a health care proxy and a living will, and do I need both?

A health care proxy names a specific person to make medical decisions for you if you are unable to make them yourself. A living will records your personal wishes about treatment, particularly at the end of life. The two documents work together: the proxy tells providers who has authority to speak for you, and the living will tells that person, and your medical team, what you would have wanted. Having both reduces ambiguity and the burden on your family during an already difficult time.

Can estate planning help protect assets from nursing home costs, or is it only about what happens after death?

Estate planning and elder law planning are closely related but distinct concerns, and the best plans address both. Documents like wills, trusts, and health care proxies govern what happens if you die or lose decision-making capacity. Medicaid asset protection trusts and other elder law strategies address what happens to your assets if you need long-term care while you are still alive. A firm that handles both areas can build a plan that works in either direction.

My co-op building has restrictions on who can inherit shares. How does that affect my estate plan?

Co-op shares are personal property, not real estate, and many co-op boards have proprietary lease provisions that require board approval before shares can be transferred, even at death. This means your estate plan needs to account for the board approval process, and naming a beneficiary through a will or trust does not automatically guarantee that beneficiary will be approved to live in the unit. An attorney familiar with co-op transactions and estate planning can structure the plan to minimize the risk of a gap between inheritance and actual transfer.

How often should I update my estate plan after it is in place?

Life changes should trigger a review: marriage, divorce, the birth or adoption of a child, the death of an executor or trustee, a significant real estate purchase or sale, a move to a different state, or a major change in your financial picture. Even without a triggering event, reviewing every few years is a reasonable practice to make sure beneficiary designations, deeds, and planning documents are still aligned with your current intentions.

What does a free consultation with Cavallo & Cavallo cover?

A free consultation is a real conversation with an experienced attorney, not a sales presentation. You can describe your family, your property, and your concerns, and the attorney will explain what tools are available, which ones fit your situation, and what a complete plan would look like. You leave with a clear picture of your options and next steps, regardless of whether you decide to move forward with the firm.

Estate Planning Services for Families Across the Bronx, Westchester, and New York City

Cavallo & Cavallo serves estate planning clients throughout the Bronx and Bronx County, including families in Throgs Neck, Pelham Bay, Country Club, City Island, Morris Park, Pelham Parkway, Parkchester, Riverdale, Kingsbridge, Fordham, Soundview, Morrisania, Hunts Point, Mott Haven, and Westchester Square. In Westchester County, the firm works with clients in Yonkers, Mount Vernon, New Rochelle, White Plains, Scarsdale, Harrison, Larchmont, Mamaroneck, Pelham, and Eastchester. The firm also handles estate planning, probate, and elder law for families in Manhattan, Brooklyn, Queens, and Staten Island, as well as clients in Putnam County. For families anywhere in New York City dealing with real estate and estate planning together, the firm’s combined experience in both areas means the plan accounts for how property is titled and transferred from the start.

Speak With a Bronx & Westchester Estate Planning Attorney

Putting a plan in place is not about anticipating the worst. It is about making sure the people you care about are protected, the property you have worked for goes where you intend, and the decisions that matter most are not left to chance or to a court process. Cavallo & Cavallo offers free consultations for families throughout the Bronx, Westchester, and greater New York City area who want to meet with a Bronx and Westchester estate planning attorney and walk away with a clear plan. Call the Bronx or New Rochelle office to schedule a time that works for you, and if getting to an office is difficult, ask about a house call.