Why Expats and Immigrant Families Need a Trust to Avoid NY Probate

For many immigrant families in New York, a trust is a functional necessity rather than a luxury. With family members often holding diverse immigration statuses or living overseas, the U.S. probate process can become a multi-year legal hurdle.

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❓ The Challenge: Navigating the Surrogate's Court

When assets pass through a Will, they must be validated by the Surrogate’s Court. In high-population areas like New York City and Long Island, this process is notoriously slow, often taking one to two years. For families with international heirs or complex citizenship status, these delays and costs are magnified.

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Key Takeaways:

• Bypassing Probate: Assets held in a trust do not trigger court involvement upon the owner's passing. This allows for immediate distribution to beneficiaries, saving time and legal fees.

• The "Insurance" Concept: A trust acts as an insurance policy for your legacy, providing peace of mind that your assets will be handled exactly as intended, regardless of life's uncertainty.

• Built-in Flexibility: Even "irrevocable" trusts can be drafted with flexibility. Experienced legal counsel can include provisions that allow for adjustments over time, ensuring the trust remains effective for decades.

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💡 Firm Tip: Start Early

Wealth planning is an ongoing process. Establishing a trust early provides the best protection for your loved ones, ensuring your estate avoids the gridlock of the New York court system.

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📞 Contact Us

The Shi Law Group, PLLC focuses on family wealth transfer, estate planning, trusts, wills, prenuptial agreements, and cross-border asset planning. We provide professional, attentive, and compassionate legal services to Chinese families in New York and New Jersey. If you have questions about marriage, divorce, or cohabitation planning, please contact us for consultation. 

📧 Email: info@mshilaw.com 

📞 Phone: +1 (917) 720-6943 

🏢 Address: 500 Old Country Rd, Suite 302, Garden City, NY 11530 

To schedule a consultation, contact us by phone, email, or book through our website. We will arrange for an experienced attorney to speak with you.