Estate planning has a reputation as something reserved for the ultra-wealthy—trust funds, sprawling estates, and complicated tax strategies. But according to Gary Schuster, partner at J&G Law, LLP, the reality is far more practical. “People say, ‘I don’t have anything,’” he says. “But everybody has something.”
Schuster, whose practice includes business, nonprofit, and estate planning law, works with clients across the Hudson Valley to create plans that protect families and prevent conflict. At its most basic level, he explains, estate planning is about making clear decisions in advance—who receives your property, and who will be responsible for carrying out those wishes. “A will does something very important: it appoints an executor,” Schuster says. “If you don’t name someone to be in charge, families can spend months—or even years—fighting about who should be in charge before they even begin dealing with the estate itself.”
Even small possessions can become sources of conflict when emotions run high. A well-drafted will removes that ambiguity by clearly stating where assets should go and empowering the executor to make final decisions. “If people want to fight, they’ll fight about whatever is there,” Schuster notes. “It could be a piano, a bicycle, or a chair.”
Beyond avoiding disputes, estate planning can also address taxes, long-term care, and asset protection. This is where trusts often come into play. While a will is a relatively straightforward document that directs how assets are distributed after death, a trust functions more like a legal entity that can hold property independently. “Technically the assets no longer belong to you—they belong to the trust,” Schuster explains. “That can be helpful for Medicaid planning, protecting assets from lawsuits, or managing estate taxes.” Trusts also offer privacy advantages. Unlike wills, which are filed with the court and become public record, trusts generally remain private documents and do not require probate proceedings.
Still, Schuster emphasizes that estate planning is not one-size-fits-all. Trusts are more complex—and typically more expensive—to establish than wills. When attorneys create a trust-based estate plan they usually include a companion document called a “pour-over will,” which directs any remaining assets into the trust at death. In situations involving blended families, for example, trusts can help ensure that children from previous marriages receive the inheritance intended for them, rather than relying on a surviving spouse’s future decisions.
One of the biggest mistakes Schuster sees is people attempting to draft their own estate documents online. New York law requires strict procedures for a will to be valid, including specific witness requirements and formal declarations during the signing process. Even minor errors can invalidate the document or create complications during probate.
Waiting too long can also create problems. To execute a valid will, a person must have legal capacity—meaning they understand their assets and who they intend to benefit. “You can’t wait until the very end,” Schuster says. “Sometimes by the time people think about it, they no longer have the legal capacity to sign.”
For those ready to begin the process, Schuster says the first step is identifying key roles within the estate plan: the executor who will administer the estate, a trustee to manage assets for minor beneficiaries, and—if applicable—a guardian for children.
To help demystify the process, J&G Law, LLP will host a free webinar, “Estate Planning Made Simple,” on April 8 at noon. The session will walk participants through the fundamentals of wills, trusts, and other planning tools, as well as common mistakes to avoid.
According to Schuster, the audience for estate planning advice is broader than many people realize. “Eighteen to ninety,” he says. “New parents, people who own property, single individuals—really anyone who wants to make life easier for the people they leave behind.”
In the end, estate planning isn’t just about assets. It’s about clarity. “You’re doing your family an enormous favor,” Schuster says. “You’re taking uncertainty—and potential conflict—off the table.”
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