Estate & Succession Planning
When an individual passes away, their family may have to not only cope with their loss and grief but also settle their loved one's estate and other financial affairs. Preparing an estate plan allows you to minimize the burden on your family by eliminating the uncertainties of administrating the estate and ensuring that the value of the estate is not unnecessarily diminished by taxes and administrative expenses.
Wills
Wills are a formal means of letting someone make decisions about how his or her estate will be managed and distributed after death, as well as other related wishes that the person may have.
The laws relating to wills require that certain formalities be followed in the drafting and execution of the document. Following the death of the person who executed the will (known as the testator), properly executed wills enter a process called probate administration, where a court and the executor of the will determine the will's validity and distribute the assets of the estate in accordance with the document.
Having a will in place is one of the most important aspects of planning your estate. Wills give you the peace of mind of knowing that your estate will be handled in accordance with your intent after you pass away. In addition to providing instructions about how you want your property, belongings, and other assets distributed after your death, a will can also express your burial or cremation preferences. Wills can provide stability and certainty to your family at a time when they need it the most.
Wills must follow certain strict formalities, and deviation from these formalities can cause unnecessary delay and expense, or even cause your expressed wishes to be ignored outright. We can ensure that your will accurately reflects your intent when it comes to your estate, and that it’s constructed properly so as to ensure that it is timely executed without any problems.
The key reasons why wills are better than dying intestate
If you write a will it clearly establishes who you want to receive your assets and who you want to deal with the administration of your estate. The person who administrates your estate will be in charge of handling your funeral arrangements and controlling your assets until they are distributed. This is an important function that should be dealt with by you before you die!
If you die without a will, your family may be subject to delays, additional costs and expenses in the intestacy proceeding. In intestacy, the State of New York determines who your beneficiaries are, not you and who will become your administrator and will control your assets is up for grabs. The State of New York does not know what your real intentions were concerning your Estate and who you wanted to Administrate it. So therefore, it is highly recommended you write a will before you die!
Trusts
When someone sets up a trust, they are transferring property to another person to hold that property for the benefit of another person.
When it comes to planning your estate, creation of a trust can have tremendous advantages over traditional wills and other methods of devising your property. Trusts can be used to avoid the probate process, which is often costly and fraught with delays. Additionally, use of a trust can give you much more discretion in how your property will be used upon your death. Trusts can also be used to shield your assets from creditors or lawsuits.
Revocable Trusts
Revocable trusts are trusts whose terms can be modified or terminated at any time by the creator (the "settlor"). Because of the revocable nature of the property that you're placing in the trust, these trusts lack some of the tax benefits frequently associated with trusts. However, revocable trusts allow a certain amount of flexibility in reclaiming assets should you ever find yourself in a position where you need them. If these assets were placed in an irrevocable trust, it becomes a lot more difficult to reclaim them if you ever need them.
Joint Revocable Trusts
Joint revocable trusts are instruments that allow married couples to pool all of their collective assets in a trust, listing themselves as trustees and beneficiaries. This has the primary benefit of having the trust property avoid probate entirely when one of the spouses dies. Additionally, this structure allows you to appoint other trustees to care for one of the spouses after the other has passed if that spouse is unable to manage the property him or herself.
Irrevocable Trusts
Irrevocable trusts are ones where, after the settlor transfers property title to the trust, he or she is unable to change or terminate the terms of that trust. While this loss of flexibility carries some risk, it also has a number of significant advantages over revocable trusts.
Assets placed in an irrevocable trust may be safe from creditors trying to collect from you. Additionally, irrevocable trusts can help you meet the requirements of qualifying for medicaid or other benefits while still having access to some funds for non-medical needs. If you have a relative with special needs, there are types of irrevocable trusts that allow them to qualify for government benefits while still having some flexibility in their own spending.
Irrevocable Life Insurance Trusts (ILIT)
When someone with a life insurance policy passes away, if the policy is in that person's name, the value of the benefit of the policy is added to his or her estate and is subject to the estate tax. An ILIT names the trust as the beneficiary of the policy, and helps you avoid loss of your estate to the estate tax after you pass.
Asset Protection
At Dienstag Law PLLC, we assist clients in safeguarding their wealth through prudent, legally compliant asset protection strategies. Our goal is to help individuals and families preserve what they have worked hard to build—without resorting to secrecy or aggressive tactics that invite scrutiny.
Asset protection is most effective when implemented proactively. Whether you are a business owner, medical professional, real estate investor, or high net worth individual, we can help you structure your holdings to reduce exposure to lawsuits, creditor claims, and other liabilities—while ensuring full alignment with your broader estate and tax planning objectives.
Our Services Include:
Domestic Asset Protection Trust Planning (in permitted jurisdictions): For clients seeking an additional layer of protection, we design and coordinate irrevocable trust structures under U.S. state law where appropriate.
Limited Liability Companies (LLCs) and Family Limited Partnerships (FLPs): We help clients use business entities to separate and insulate assets, manage ownership among family members, and reduce personal liability exposure.
Pre-Litigation Planning: We work with clients before problems arise—analyzing risk, clarifying ownership structures, and positioning assets in ways that are protective, yet fully transparent and legally defensible.
Exemption and Statutory Shield Maximization: We assist clients in identifying and leveraging exemptions provided under applicable state and federal laws, including homestead protections, retirement accounts, and insurance products.
Integration with Estate Planning: Asset protection is not a stand-alone concept. We ensure it fits seamlessly into a client’s broader estate plan, coordinating trusts, gifting, and tax strategies to preserve long-term family wealth.
A Thoughtful and Ethical Approach
Our asset protection planning is grounded in ethics, legal compliance, and common sense. We do not promote offshore structures or concealment strategies. Instead, we help our clients make informed, forward-looking decisions to responsibly shield wealth from undue risk.
To explore how Dienstag Law PLLC can help you protect your assets—today and for generations to come—please contact us for a confidential consultation.
High Net Worth Clients
At Dienstag Law PLLC, we serve as trusted advisors to high net worth individuals, families, and closely held business owners seeking to preserve, grow, and transition wealth with foresight and integrity. Our clients rely on us for sophisticated, practical solutions that reflect their values, protect their assets, and achieve their long-term goals.
We understand that substantial wealth brings complex challenges—whether navigating estate and income tax exposure, coordinating family governance, or integrating philanthropic intent into long-term planning. We work closely with our clients and their advisors—accountants, investment managers, family office professionals, and trustees—to deliver personalized legal counsel that is proactive, strategic, and deeply attuned to each client’s unique circumstances.
Our services for high net worth clients include:
Estate and Gift Tax Planning: Structuring tax-efficient lifetime transfers and testamentary dispositions to minimize estate tax liability while maintaining control and flexibility.
Trust Design and Implementation: Crafting sophisticated trusts—including GRATs, SLATs, IDGTs, QPRTs, and charitable structures—aligned with wealth preservation and family legacy objectives.
Succession Planning: Facilitating smooth business and generational transitions while safeguarding family harmony and continuity.
Family Governance and Stewardship: Advising on family office structures, investment oversight, and intra-family lending to promote transparency, accountability, and long-term sustainability.
Cross-Border Planning: Addressing the U.S. tax and legal implications of international assets, beneficiaries, and trust structures.
Charitable Giving Strategies: Designing and administering private foundations and donor-advised funds to support meaningful, tax-efficient philanthropy.
Every client engagement is handled with discretion, responsiveness, and the depth of insight that comes from decades of experience in high-stakes planning. We are not merely legal technicians—we are long-term partners invested in our clients’ success across generations.
Let us help you structure today’s decisions for tomorrow’s peace of mind.
International Clients
Dienstag Law PLLC represents individuals and families with international ties who face the added complexity of cross-border tax, estate planning, and trust administration. Whether you are a U.S. citizen living abroad, a recent immigrant, or a nonresident with U.S.-based assets or beneficiaries, we help you navigate the intersection of U.S. law and global wealth.
Navigating Cross-Border Complexity
International estate planning demands a deep understanding of the U.S. tax code—including estate, gift, and generation-skipping transfer taxes—as well as the classification of trusts and beneficiaries under U.S. income tax rules. Our firm provides tailored strategies that anticipate these challenges while aligning with the client’s long-term objectives and jurisdictional requirements.
Our Services for International Clients Include:
Planning for U.S. Citizens and Green Card Holders Living Abroad: We advise expatriates on how continued U.S. tax residency affects their estate and trust structures, income reporting obligations, and lifetime gifting strategies.
Nonresident Aliens with U.S. Assets or Beneficiaries: We provide counsel on U.S. estate tax exposure, planning techniques to mitigate taxation, and the structuring of U.S. situs investments.
Trust Planning with Foreign Grantors or Beneficiaries: We assist in the creation and administration of trusts that include non-U.S. persons—focusing on classification under U.S. tax rules, grantor vs. nongrantor status, and foreign trust compliance.
Inbound and Outbound Gift and Inheritance Planning: We help clients structure gifts and inheritances that cross borders, navigating withholding rules, reporting thresholds, and potential mismatches in foreign and U.S. law.
Coordination with Foreign Advisors: We work collaboratively with international accountants, counsel, and family offices to ensure that our clients receive cohesive, jurisdictionally compliant advice.
A Trusted Resource for Cross-Border Families
Dienstag Law PLLC is well-versed in the nuances that arise when families span multiple countries, tax systems, and legal traditions. We offer clear guidance through a challenging landscape, delivering plans that are both technically sound and practically effective.
If your family has international elements—whether through citizenship, residency, or global assets—we invite you to contact us for a confidential consultation.
Succession Clients
At Dienstag Law PLLC, we help individuals, families, and business owners prepare for one of the most critical transitions in life: the orderly and strategic transfer of leadership, ownership, and assets to the next generation.
Succession planning is not just about tax efficiency—it is about preserving legacy, maintaining continuity, and fostering harmony among heirs and stakeholders. Whether you are preparing to retire, transitioning a family business, or simply planning ahead, we provide the legal tools and guidance necessary to ensure your wishes are carried out with clarity and confidence.
Our Succession Planning Services Include:
Business Succession Strategies: We work closely with owners of closely held and family businesses to design transition plans that address ownership transfers, leadership succession, governance frameworks, and liquidity events. Whether the goal is to keep the business in the family, prepare it for sale, or create a hybrid structure, we help you protect what you have built.
Family Trust and Entity Structuring: We create trusts, LLCs, and family limited partnerships that provide flexibility and control while easing the intergenerational transfer of wealth, preserving privacy, and protecting assets from unnecessary tax exposure or disputes.
Buy-Sell Agreements and Shareholder Planning: We draft and review buy-sell agreements, voting arrangements, and other internal agreements that ensure continuity in the event of retirement, death, or disability.
Integration with Estate and Gift Planning: We align succession planning with broader estate planning strategies to minimize transfer taxes, avoid probate, and promote a smooth transition of authority and control.
Philanthropic and Legacy Goals: For families with charitable interests, we incorporate giving strategies that honor values and reinforce legacy through vehicles such as private foundations and donor-advised funds.
A Holistic, Relationship-Centered Approach
Effective succession planning requires more than just legal documents—it requires sensitivity to family dynamics, a long-term vision, and the ability to balance control with flexibility. We take the time to understand each client’s unique goals and concerns, working collaboratively with their advisors to design plans that support continuity, harmony, and sustainability.
At Dienstag Law PLLC, we view succession not as an end, but as an intentional bridge to the future. Let us help you build that bridge with care, precision, and purpose.
Charitable Planning
At Dienstag Law PLLC, we help clients transform philanthropic intent into long-lasting impact through thoughtful and tax-efficient charitable planning. Whether your goals are deeply personal, community-focused, or legacy-driven, we offer the legal tools and strategic guidance to turn generosity into a structured and sustainable plan.
Aligning Purpose with Planning
Charitable giving is about more than tax deductions—it is about aligning your wealth with your values and ensuring your contributions create meaningful, lasting change. We work with individuals, families, and foundations to develop customized giving strategies that integrate seamlessly with broader estate, gift, and income tax planning.
Our Charitable Planning Services Include:
Private Foundations: We advise clients on the formation, governance, and ongoing compliance of private foundations—offering flexibility and control over philanthropic direction while ensuring adherence to IRS rules and reporting requirements.
Donor-Advised Funds (DAFs): For clients seeking a more streamlined approach to giving, we help evaluate and implement donor-advised fund solutions that allow for immediate tax benefits while maintaining advisory privileges over future distributions.
Charitable Remainder Trusts (CRTs) and Charitable Lead Trusts (CLTs): We design and administer split-interest trusts that provide income streams for beneficiaries while securing a future gift to a charitable organization—offering powerful tools for tax savings, income deferral, and estate reduction.
Qualified Charitable Distributions (QCDs): We advise clients on leveraging retirement account distributions for charitable purposes, particularly for those over age 70½ seeking to reduce taxable income.
Gifts of Complex Assets: We provide counsel on the donation of appreciated stock, real estate, business interests, and other non-cash assets—maximizing tax benefits while avoiding pitfalls related to valuation, substantiation, and timing.
Philanthropy with Precision and Purpose
Effective charitable planning requires a careful balance of legal structure, tax efficiency, and personal intention. Our role is to guide clients through this process with clarity, discretion, and a deep respect for the values that drive their giving.
Whether you are just beginning your philanthropic journey or managing an established charitable vehicle, Dienstag Law PLLC is here to help you make the most of your generosity—for today, and for generations to come.
Advanced Directives
While it is advisable that every adult, no matter how old, have an advance health care directive (or "living will") in place, it is especially important for the elderly. These legal documents specify the decisions made by a person ahead of time should that person become unable to make the decisions later due to illness or incapacity.
Power of Attorney
A concern shared by many people as they age is over who will be making decisions on their behalf if they are ever in a position where they no longer can. The decisions people face as they get older can have very serious consequences, and it is very important that, if you are unable to make those decisions yourself, then you leave that ability in the hands of someone you trust.
A power of attorney is a legal contract that allows you to appoint someone to act on your behalf. The power granted can be limited to a specific decision or category of decisions, or it can be a broader power to act on your behalf in all circumstances. Someone granted power of attorney will be able to enter contracts on your behalf, manage aspects of your finances, and otherwise make the important decisions for you if you are unable to make them yourself.
Importantly, without establishing a power of attorney in someone you trust, you may be placed in a position where, unable to make decisions for yourself, your family must ask a court to appoint a guardian for you, effectively granting a stranger the ability to make big decisions on your behalf.
Consulting with one of our experienced attorneys will give you the perspective you need to determine who is best suited to be granted the power of attorney for you, under what circumstances you want that person to be able to exercise the power, and how general or specific you want that decision-making power to be. We will draft the document describing your grant of power of attorney so its effect will be in perfect sync with your wishes, and so, when these decisions need to be made on your behalf, your appointee will be able to make them with minimal delay and confusion.
Healthcare Proxy
Like a Power of Attorney, establishing a Health Care Proxy lets you place the power to make decisions relating to your medical needs in the hands of someone you trust. Unfortunately, as we get older, the likelihood that medical decisions will need to be made on our behalf only gets greater. Entrusting someone with this power ahead of time greatly reduces the possibility that such decisions will be made contrary to your wishes.
Living Will
A living will, or advanced health care directive, is a document that lets you express certain health-care related wishes and expectations on paper ahead of time. Instead of relying on someone else to make decisions for you, these documents allow you to specify how you would decide if you were able to express the choice yourself at the time.
The types of health care decisions that you have to anticipate ahead of time to designate your health care proxy or commit to a living will can have significant philosophical, religious, and quality of life implications. Our attorneys will be able to help you understand the types of decisions that are better planned for ahead of time, and help you determine the best person to serve as your health care proxy, should you ever need one. We can also help you set up your living will so it most accurately expresses what you want, so if these decisions ever need to be made, they will be handled without confusion or challenge.