Estate Planning Attorney in Saratoga County, NY

Protecting Your Family's Future in Saratoga County

Estate planning is about more than just drafting documents—it’s about protecting your loved ones, preserving your legacy, and ensuring your wishes are honored. Whether you own a home in Clifton Park, run a business in Saratoga Springs, or have accumulated wealth throughout your life, proper estate planning provides invaluable peace of mind.

Since 1971, Ianniello Anderson, P.C. has helped thousands of Saratoga County families create comprehensive estate plans tailored to their unique situations. Our estate planning attorneys understand New York estate law, Saratoga County Surrogate’s Court procedures, and the specific challenges facing local families—from protecting property on Saratoga Lake to planning for family farms to ensuring smooth business succession.

With offices in both Saratoga Springs and Clifton Park, we make estate planning convenient and accessible throughout Saratoga County.

Why Saratoga County Families Need Estate Planning

Protecting Your Property

With median home values in Saratoga County approaching $480,000, your real estate alone represents significant wealth. Proper planning ensures it passes to your heirs efficiently and according to your wishes.

Avoiding Surrogate's Court

Without proper planning, your estate goes through probate in Saratoga County Surrogate’s Court, a public, time-consuming, and expensive process. Good planning can avoid this entirely.

Minimizing Taxes

New York estate tax exemption is currently $7.16 million (2024), but proper planning can minimize or eliminate estate taxes even for larger estates.

Protecting Vulnerable Beneficiaries

Special needs trusts protect disabled beneficiaries without jeopardizing government benefits. Trusts for minors ensure responsible management until they’re mature enough to handle inheritance.

Business Continuity

If you own a Saratoga County business, succession planning ensures continuity and protects the enterprise you’ve built.

Healthcare Decisions

Advance directives ensure your medical wishes are followed if you become incapacitated.

Comprehensive Estate Planning Services

Last Will & Testament

Your will is the foundation of your estate plan. We draft comprehensive wills that:

Name Executors: Designate trusted individuals to administer your estate and guide them through the Saratoga County Surrogate’s Court process if necessary.
Distribute Assets: Specify exactly who receives your property and under what conditions.
Appoint Guardians: If you have minor children, name guardians to raise them if something happens to you—critical for Saratoga County families.
Create Trusts: Include testamentary trusts for minors, disabled beneficiaries, or to provide ongoing management of assets.
Address Specific Bequests: Ensure sentimental items, family heirlooms, and specific assets go to intended recipients.
Provide for Pets: Make arrangements for beloved pets’ care.

Revocable Living Trusts

Living trusts offer significant advantages over wills alone:

Avoid Probate: Assets in a living trust pass directly to beneficiaries without Surrogate’s Court involvement—saving time, money, and maintaining privacy.
Incapacity Planning: Your successor trustee manages trust assets if you become incapacitated, avoiding guardianship proceedings.
Ongoing Management: Provide professional or family management for beneficiaries who need guidance.
Privacy: Unlike wills, trusts don’t become public record in Surrogate’s Court.
Out-of-State Property: Avoid probate in multiple states if you own property outside New York.
Flexibility: Revocable trusts can be amended during your lifetime as circumstances change.

Living trusts are increasingly popular among Saratoga County families with significant assets or complex family situations.

Irrevocable Trusts

Irrevocable trusts serve specific estate planning goals:

Medicaid Planning: Protect assets while qualifying for long-term care Medicaid benefits—particularly important as Saratoga County residents face rising nursing home costs.
Estate Tax Reduction: Remove assets from your taxable estate for families with estates exceeding exemption amounts.
Asset Protection: Shield assets from creditors, lawsuits, or future claims.
Special Needs Trusts: Provide for disabled beneficiaries without disqualifying them from government benefits.
Charitable Planning: Charitable remainder trusts provide income while benefiting favorite causes.

Health Care Directives

Health Care Proxy: Designate someone to make medical decisions if you can’t. Ensure your agent understands your wishes regarding life support, organ donation, and other critical decisions.
Living Will: Document your wishes regarding end-of-life care, including preferences about artificial nutrition, hydration, and life support.
HIPAA Authorization: Allow designated individuals to access your medical information.

These documents are critical if you face serious illness or injury—don’t wait until it’s too late.

Power of Attorney

Durable Financial Power of Attorney: Authorize someone to manage your finances if you become incapacitated—paying bills, managing investments, handling real estate transactions, and dealing with banks.
Limited Powers of Attorney: Grant authority for specific transactions, such as real estate closings if you’ll be unavailable.

Without these documents, families must seek guardianship through Saratoga County Supreme Court—an expensive, time-consuming process.

Elder Law & Long-Term Care Planning

Medicaid Planning

Long-term care is expensive. Nursing homes in Saratoga County can cost $15,000+ per month. Medicaid can help, but requires careful planning:

Five-Year Lookback: Medicaid reviews transfers made in the five years before application. Improper transfers cause penalties.
Asset Protection Strategies: Legal methods to protect assets while qualifying for benefits, including:
- Irrevocable trusts
- Spousal refusal
- Annuities
- Proper titling of assets
- Home equity preservation
Community Medicaid: Home care benefits that allow seniors to remain at home.
Crisis Planning: If you need nursing home care immediately, we can help even without advance planning.

Guardianship

When someone can no longer manage their affairs and hasn’t created powers of attorney, guardianship may be necessary:

Guardianship Proceedings: We guide families through Saratoga County Supreme Court guardianship proceedings, establishing legal authority to care for incapacitated loved ones.
Article 81 Guardianship: Court-supervised process for adults who lack capacity to make decisions.
Avoiding Guardianship: Proper advance planning with powers of attorney eliminates the need for guardianship.

Probate & Estate Administration

When someone dies, their estate must be settled. We guide executors and administrators through the process:

Surrogate's Court Proceedings

Probate Process

Filing the will with Saratoga County Surrogate’s Court (located at 30 McMaster Street in Ballston Spa), validating it, and obtaining Letters Testamentary.

Administration

If there’s no will, we handle intestate administration proceedings.

Executor Guidance

Step-by-step assistance for executors handling their duties:

Gathering assets
Paying debts and taxes
Distributing property to beneficiaries
Filing required accountings

Estate Tax Returns

Federal Estate Tax Returns

Required for estates exceeding federal exemption ($13.61 million in 2024).

New York Estate Tax Returns

Required for estates exceeding $7.16 million (2024) with proper filing in New York.

Income Tax Returns

Final income tax returns for the decedent and estate income tax returns.

Will Contests & Estate Disputes

Beneficiaries

Protecting your inheritance rights against improper will execution, undue influence, or lack of capacity.

Executors

Defending against baseless claims and breach of fiduciary duty allegations.

Family Members

Pursuing claims for rightful shares or challenging unfair distributions.

Business Succession Planning

Saratoga County businesses—from tech companies near GlobalFoundries to restaurants near the Race Course to family farms—need succession plans:

Buy-Sell Agreements: Agreements controlling what happens to business interests upon death, disability, retirement, or divorce.
Entity Selection: Choosing optimal business structure (LLC, corporation, partnership) considering tax and succession implications.
Key Person Insurance: Life insurance to protect the business if key employees or owners die.
Succession Strategy: Planning the transition of ownership and management to the next generation or key employees.
Tax Minimization: Strategies to minimize estate and income taxes in business succession.

Tax Planning Strategies

Gifting Strategies: Annual exclusion gifts ($18,000 per recipient in 2024) reduce taxable estates.
529 College Savings Plans: Education funding for grandchildren with estate tax benefits.
Charitable Giving: Charitable remainder trusts, charitable lead trusts, and donor-advised funds.
Life Insurance Planning: Irrevocable life insurance trusts (ILITs) remove insurance proceeds from taxable estates.
Qualified Personal Residence Trusts: Transfer your Saratoga County home to heirs at reduced gift tax cost.

Contact Our Saratoga County Estate Planning Attorneys

Don’t leave your family’s future to chance. Proper estate planning provides invaluable peace of mind.

Frequently Asked Questions

Do I need estate planning if I don't have a lot of money?

Yes. Everyone needs basic estate planning. Even if your estate is modest, you should have a will to name guardians for minor children, designate an executor, and specify your wishes. Healthcare directives and powers of attorney are critical regardless of wealth.

What's the difference between a will and a trust?

A will takes effect at death and goes through probate in Surrogate’s Court. A living trust can avoid probate, provides incapacity planning, and offers more control over distributions. Many people benefit from having both.

When should I update my estate plan?

Review your plan every 3-5 years, or immediately after: marriage, divorce, births, deaths, significant asset changes, moving to a new state, or changes in tax laws.

What happens if I die without a will in Saratoga County?

Your estate is distributed according to New York’s intestacy laws, which may not reflect your wishes. The court appoints an administrator, and your assets go through probate.

Can I avoid estate taxes?

The federal estate tax exemption is $13.61 million (2024) and New York’s is $7.16 million. Most Saratoga County families won’t owe estate tax, but those with larger estates can use planning strategies to minimize or eliminate taxes.

What is probate and how long does it take?

Probate is the court process of validating a will and overseeing estate administration in Saratoga County Surrogate’s Court. Simple estates can be settled in 9-12 months; complex estates may take 18-24+ months.

Do I need a lawyer for estate planning?

While not legally required, estate planning involves complex legal and tax issues. Errors can be costly and may not be discovered until after your death when they can’t be corrected. Professional guidance ensures your plan works as intended.