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Estate & Elder Law

The Larchmont firm of Hyman & Gilbert, Attorneys at Law regularly assists individuals and families with estate and elder law matters.  Their attorneys and staff have an in-depth knowledge and understanding of the precise protocol and legal terminology of New York law.  New and existing clients trust Hyman & Gilbert to take care of their future—today.

Hyman & Gilbert’s lawyers focus the majority of their estate and elder law practice on:

Estate planning

Estate planning is an essential part of preparing for the future.  With the help of a qualified attorney, estate planning is an efficient way to organize the division of assets after the passing of a loved one while incurring the least amount of estate taxes.  The attorneys of Hyman & Gilbert assist clients in the development of sophisticated estate plans to maximize wealth for an estate’s beneficiaries.

Tax planning

Hyman & Gilbert’s attorneys take taxes into consideration when planning an estate.  If an estate is poorly planned, taxes can drastically reduce the amount of money left to beneficiaries or deposited into trusts.  The firm’s lawyers take an educated approach to asset protection, carefully organizing every client’s estate to help metigate estate taxes.


Estate administration can quickly become complex depending on the size of an estate, the division of its assets, and, when applicable, the terms stipulated in a trust.  Hyman & Gilbert’s attorneys are seasoned in all aspects of estate administration.  They guide clients throughout the entirety of the estate administration process.


Probate is the process of proving the validity of a will.  The attorneys of Hyman & Gilbert are sensitive to clients’ needs during probate.  They provide sound assistance and are readily available for consultation.


Litigation related to an estate frequently deals with issues such as forgery, will contests, and abuse of powers of attorney.  Without the assistance of a skilled lawyer, disputes over a deceased’s estate can linger.  The attorneys at Hyman & Gilbert have litigated many estate and elder law cases related to estates, trusts, and health care directives.  They have the experience necessary to represent clients in court or during negotiations or trials.

Wills and trusts

The creation of a will is one of the first, most important steps for building a strong estate plan.  A well-prepared will clearly states the testator’s wishes and directs all assets to future beneficiaries.  To create a valid will under New York law, an individual must be at least 18 years old, of sound mind, and free from all undue influence.

Trusts can be used in addition to or in conjunction with a will.  They hold assets presently or can be drafted as a stand-by trust to be used in the event of mental incapacity.  Hyman & Gilbert’s lawyers use wills and trusts as tools to develop educated estate plans for clients preparing for their future.  They also provide assistance with updating existing wills and trusts.

Medicaid planning

Medicaid is a government program designed to assist those who are impoverished and meet specific eligibility requirements.   If proper planning has been done, Medicaid can be used to help individuals dealing with the excessive costs of a long-term illness.  Hyman & Gilbert helps clients determine whether they are eligible for Medicaid and provide assistance throughout the application process.

Special needs trusts

Special needs trusts (sometimes called supplemental needs trusts) are designed to oversee funds left for someone with a physical or mental disability.  The trust guarantees protection for an individual who may lack the ability to make sound decisions regarding their own future.  Hyman & Gilbert’s attorneys know the precise wording to use when writing a special needs trust and can quickly help clients in drafting and finalizing paperwork.

Health care directives

The primary purpose of a health care directive is to ensure an agent is aware of the principal’s wishes.  The agent can excercise control over the principal’s assets should the principal become unable to do so personally.  New York has several types of health care directives, including living wills, Health Care Proxies, and powers of attorney.  With Hyman & Gilbert, the firm’s lawyers oversee the drafting and signing of these advanced directives.

Contact us

Contact Hyman & Gilbert, Attorneys at Law for legal representation from a compassionate, qualified lawyer in estate planning, real estate, and family law matters.

Located in Larchmont, Hyman & Gilbert, Attorneys at Law works with clients throughout Westchester County, including Pelham, New Rochelle, Larchmont, Mamaroneck, Rye, White Plains, Katonah, Pleasantville, Dobbs Ferry, Tarrytown, Mount Vernon, Yonkers, Peekskill, Harrison, Mount Kisco, and Scarsdale.