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Manhattan Asset Protection for the Life You Built Here

You spent years getting to this point. The co-op board package cleared. The brokerage account that holds a real cushion. The practice or paycheck that carries serious liability.

The worry sits underneath the work. One claim against your name. One diagnosis that turns care into a five-year math problem. One tax notice tied to the New York estate cliff.

What you want is someone who will sit with what you own today, show you where things sit exposed, and hand you a plan shaped around Manhattan rules and the life you keep building.

Serving Manhattan and the greater New York City area from 299 Broadway. Free initial consultation.

Built Around the Way Manhattan Families Own Assets

Few Manhattan portfolios sit in one place. Most clients split their assets between a co-op or condo, a brokerage account, and income or equity tied to a professional practice or a high-income role with liability exposure. Each asset needs its own plan, and relying on one tool can leave gaps.

A Manhattan co-op is personal property, so moving it into a trust takes a different path than a condo, which is real property. You see the gap in the transfer paperwork.

Brokerage accounts can be retitled into a trust by working with the custodian and completing transfer forms. A co-op adds a board approval step. The board may request trustee disclosures and forms that align with the proprietary lease.

We prepare the trust and the board package together, then coordinate with the managing agent up front to keep the filing moving.

Manhattan asset protection planning works best when your full asset mix is on the table, because one weak spot can pull the rest down. A Manhattan co-op with twenty years of equity can be exposed to a single lawsuit, which is why lawsuit protection is one of the first pieces we sketch out with you.

People We Help Most in Manhattan

Three groups of clients tend to find us early. If any of these sound like your situation, we can help.

Many clients fit more than one category. A doctor who owns a co-op and runs a side practice may need all three angles covered in one plan.

For Manhattan professionals with real malpractice or partnership exposure, domestic asset protection trusts are a strong opening move. New York law does not recognize self-settled domestic asset protection trusts, so we set these trusts up in a jurisdiction that does, then tie them back to a New York plan.

The Toolkit New York Gives Us to Work With

New York law shapes how a Manhattan plan comes together. No single tool protects every type of asset, so most plans we draft combine several structures, each matched to a specific risk.

CPLR §5205 can protect many retirement accounts from creditor judgments, including 401(k)s, traditional IRAs, Roth IRAs, and many pension plans.

Tenancy by the entirety can help protect a married couple’s Manhattan home from a creditor of only one spouse, and prenuptial agreements can shield separate property before a marriage begins. It can also provide a simple foundation while the rest of the plan comes together.

New York’s homestead exemption can protect some of a home's equity from many judgment creditors. In Manhattan, the exemption amount sits at the higher end of the state’s tiered limits.

Many Manhattan doctors, founders, and finance executives operate through one or more entities. A tight LLC structure can help keep a business claim from reaching personal accounts and keep day-to-day ownership clean.

What Working Together Looks Like

Most plans start with one conversation. You bring what you own, who you want to protect, and the risks that keep coming back to you. We sort through what sits exposed, what is already safer than it looks, and what needs to move first.

From there, the plan comes back to you in writing, with each asset matched to the structure that fits it and a clear funding step for each piece.

Trust drafting, LLC formation, deed work, beneficiary updates, and trustee selection all sit inside that same written plan, tied back to your estate planning, and so do the fees, set up front before any document gets drafted.

Once you give the go-ahead, deeds get filed, brokerage accounts get retitled into the trust, and LLC paperwork is squared away. Beneficiary designations are aligned with what was drafted. A plan in Manhattan is a living thing, and we check back every two or three years, or sooner when life shifts, so the work you did at fifty still fits at sixty-five.

Across the firm, an asset protection attorney works alongside probate, elder law, and trust planning, and a single conversation tends to outline a plan that draws from all four.

If Medicaid planning is on your mind, the timing comes up in that opening conversation. New York’s five-year Medicaid lookback shapes every move in this planning, so a Medicaid Asset Protection Trust needs to be funded well before any application for long-term care Medicaid.

Manhattan Asset Protection Filings and New York Courts

Manhattan asset protection can involve multiple courts, with timelines that vary depending on what you are doing. Probate is handled by the New York County Surrogate’s Court at the Chambers Street courthouse, and clean trust funding can keep more of your estate out of court.

For Manhattan estates above the New York exemption, the New York estate tax cliff can shape the plan. That is why high-net-worth estate planning often runs alongside Manhattan asset protection work, with gifting and trust funding used to reduce exposure.

The gap between the federal and New York exemptions matters here. A plan that works at the federal level can still leave a New York tax bill. We build around the New York rules that change outcomes, including co-op share transfers and the state estate tax cliff, which out-of-state plans often miss key details on.

Take the Next Step When You Are Ready

When you are ready to sketch out a plan, a short conversation is enough to get one started, at no cost, and you leave with a written outline of what would be drafted, what it would cost, and how the timeline shapes up.

The office sits on Broadway in Lower Manhattan, a few blocks from the Surrogate’s Court, which is part of why filings stay close to the work and meetings can happen in person, over the phone, or by video. The same team helps clients uptown in Harlem, and downtown clients in Tribeca, too. Anything that goes into your plan is priced in writing up front, and the pace stays in your hands from the opening call through the last signature.

When the timing feels right, book a call with us, and we will help you map a steady path forward for your Manhattan asset protection plan.

Frequently Asked Questions

1. Can New York residents use a domestic asset protection trust?

New York law does not recognize self-settled domestic asset protection trusts, so most Manhattan plans turn to out-of-state or offshore trust jurisdictions, paired with New York tools like LLCs, tenancy by the entirety, and CPLR §5205 retirement account protection.

2. Is it possible to move a Manhattan co-op into an asset protection trust?

Yes, with the co-op board’s consent and the right share-assignment paperwork. Because co-op ownership is held through shares, we draft the trust and the board package together to keep the filing on track. Many Manhattan boards also require trustee disclosures and a recognition agreement before they sign off, and we prepare both to fit the board’s requirements.

3. When should Manhattan families plan for Medicaid asset protection?

The earlier you start, the easier the planning gets. New York applies a five-year lookback for nursing home Medicaid, so transfers into a Medicaid Asset Protection Trust should happen at least five years before any anticipated long-term care need.

4. We already have an out-of-state plan. Can you still help?

Yes. We review plans drafted elsewhere and adjust them to comply with New York rules, co-op funding requirements, and the state estate tax cliff. In many cases, the result is a short list of refinements that keeps most of the existing plan intact.

5. Does the first consultation cost anything?

No. The initial meeting is at no charge and runs for about an hour. Any drafting or filing fees are set in writing and shared with you before work begins, so there are no surprises along the way.

Discuss Your Matter

Speak directly with Alan Vaitzman, Esq. Free consultation, transparent flat-fee pricing where applicable.

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