What Are the Benefits of Setting Up a Trust for Your Family in Western NY?

Published August 8th, 2025 by Klafehn, Heise & Johnson P.L.L.C

Many families in Western New York—including Rochester, Brockport, and the surrounding counties of Monroe, Orleans, and Genesee—wonder if creating a trust is worth it. While not everyone needs one, a properly set-up trust can offer major benefits, from avoiding probate to protecting assets for future generations. If you want to safeguard your property and make things easier for your loved ones, understanding how trusts work is an important step in your estate planning journey.

At Klafehn, Heise & Johnson P.L.L.C., we help individuals and families decide whether a trust is right for their goals. Here’s an overview of the benefits a trust can provide and why it may be one of the best moves you can make for your family’s future.

What Is a Trust?

A trust is a legal arrangement that allows you to transfer property to a separate entity managed by a trustee (which could be you during your lifetime for certain types of trusts) for the benefit of specific beneficiaries, such as your spouse, children, or grandchildren. Unlike a will, which only takes effect after death and must pass through probate, a trust can take effect immediately and often bypasses court involvement entirely.

There are different types of trusts, including revocable living trusts (which you can change during your lifetime) and irrevocable trusts (which generally cannot be changed but offer stronger asset protection). An experienced attorney can help you determine which trust structure fits your needs best.

Benefit 1: Avoiding Probate

Probate is the court-supervised process of settling an estate after someone passes away. In New York, probate can be time-consuming, public, and costly. By placing assets into a trust, you can often bypass probate entirely, allowing your beneficiaries to access their inheritance faster and with less expense.

Want to simplify the process for your family? We can help you avoid probate through proper trust planning.

Benefit 2: Privacy for Your Family

Wills become part of the public record during probate. Trusts, on the other hand, remain private. This means the details of your assets, debts, and beneficiaries aren’t disclosed publicly—a key consideration for families who value discretion.

Benefit 3: Greater Control Over Asset Distribution

Trusts give you the ability to set conditions on how and when your beneficiaries receive their inheritance (just as wills can). For example, you can:

Provide for children in stages (e.g., partial distributions at ages 25, 30, and 35)
Protect inheritances from being spent irresponsibly
Ensure funds are used for specific purposes, such as education or healthcare

With a trust, you decide exactly how your legacy is managed and distributed.

Benefit 4: Protection Against Creditors and Lawsuits

Certain types of trusts—particularly irrevocable trusts—can protect assets from creditors and legal claims. This is especially valuable for families who own significant property, operate businesses, or are concerned about future financial liabilities.

Even revocable trusts, while not creditor-proof, can help organize and safeguard property for seamless management if you become incapacitated.

Benefit 5: Support for Medicaid and Long-Term Care Planning

For retirees in Western New York, long-term care costs can quickly deplete savings. Placing certain assets into a properly structured trust can help you qualify for Medicaid benefits while preserving property for your spouse or children.

Timing is important: New York’s Medicaid program has a five-year “look-back” period on transfers, so planning ahead is critical.

Benefit 6: Continuity if You Become Incapacitated

Unlike a will, which only applies after death, a trust can manage your assets during your lifetime if you become incapacitated due to illness or injury. The trustee you name can step in to manage your finances seamlessly—without the need for a court-appointed guardian.

Benefit 7: Potential Tax Advantages in Rochester, NY

While not every trust provides tax benefits, certain trusts can help reduce estate taxes or provide income tax advantages for beneficiaries. This can be particularly valuable for individuals with larger estates or complex asset holdings.

Do You Still Need a Will if You Have a Trust?

Yes. Even if you create a trust, most people also need a will to ensure any assets not titled in the trust are properly transferred to the trust by the will or to intended beneficiaries at death (depending on the type of trust involved). A will also allows you to name guardians for minor children, which a trust cannot do.

A complete estate plan often includes both documents—plus powers of attorney and health care directives—to cover every situation.

Is a Trust Right for You?

Trusts aren’t only for wealthy families. Anyone who owns property, wants to simplify the transfer of assets, wants to protect assets from nursing home expenses or hopes to protect loved ones from legal complications can benefit from trust planning. The key is customizing the trust to meet your specific needs and goals.

At Klafehn, Heise & Johnson P.L.L.C., we help families throughout Rochester, Brockport, and Western NY decide whether a trust fits their estate plan—and we handle every step of the process from drafting to funding the trust.

Schedule your trust consultation today to start protecting your family’s future.

Legal Disclaimer

This article provides general information about trusts and estate planning in New York State. It should not be considered legal advice. For guidance tailored to your personal circumstances, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. Portions of this article may be considered ATTORNEY ADVERTISING under 22 NYCRR Part 1200. Prior results do not guarantee a similar outcome.

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