If you live in the tree-lined streets of Auburndale or the bustling residential avenues of Flushing (Zip Code 11358), you are part of a unique Queens community. Whether you own a Tudor-style home near Francis Lewis Boulevard, a co-op off Northern Boulevard, or a multi-family investment property, you have worked hard to build a life in one of New York City’s most stable neighborhoods.
However, owning property in 11358 comes with specific legal risks in 2026. With Queens real estate values remaining historically high, many long-time residents are unknowingly sitting on estates that exceed the New York State estate tax exemption limits. Furthermore, without a proper plan, your most valuable asset—your home—could be tied up in the Queens County Surrogate’s Court for years, or lost to the skyrocketing costs of long-term care.
I am Russel Morgan, founder of Morgan Legal Group. For over 30 years, our firm has served the residents of Queens, helping over 1,000 families secure their legacies. We understand the specific needs of the 11358 community. This guide is designed to help you navigate the complexities of New York law right here in your neighborhood.
Why 11358 Residents Are at High Risk in 2026
Many residents of Auburndale and Flushing believe that estate planning is only for the ultra-wealthy. This is a dangerous misconception. In Queens, “wealth” is often tied up in real estate.
The “House Rich” Problem
If you bought your home in Auburndale 30 or 40 years ago, you have seen its value explode. A home purchased for $150,000 might now be worth $1.2 million or more.
The Risk: While this equity is great for your net worth, it makes you a target for:
- Probate Costs: Statutory Executor commissions and court fees are based on the *gross* value of your estate. A $1.2M home generates roughly $40,000 in administrative costs if it goes through probate.
- Medicaid Liens: If you need nursing home care, the state can place a lien on your valuable property to recoup costs.
The 2026 Estate Tax “Sunset”
As we enter 2026, the federal estate tax exemption is undergoing significant changes (the “Sunset” of the TCJA). For families in 11358 with a home, life insurance, and retirement savings, you may find yourself closer to the taxable threshold than you realize. Contacting us now allows us to use tools like Credit Shelter Trusts to mitigate this risk.
The Queens Surrogate’s Court: A System to Avoid
The Queens County Surrogate’s Court is located at 88-11 Sutphin Boulevard in Jamaica. It is one of the busiest probate courts in the nation.
The Reality of Probate in Queens
If you pass away with only a Will (or no Will at all), your family *must* go to this court to transfer your assets.
The Delays: In 2026, we are seeing probate proceedings take 9 to 18 months for simple estates.
The Danger for 11358 Homeowners: During this delay, your home is legally frozen.
- Your family cannot sell the house.
- They cannot refinance.
- They still have to pay property taxes and utilities, often out of their own pockets.
The Solution: The Revocable Living Trust
For our clients in Auburndale, we almost always recommend a Revocable Living Trust.
By transferring the deed of your home into the Trust, you remove it from your “probate estate.” When you pass, your Successor Trustee (usually your child) can manage or sell the home immediately, without stepping foot in the courthouse on Sutphin Blvd.
Protecting Your Home from Long-Term Care Costs
Auburndale has a wonderful, aging population. But aging in New York is expensive. The average cost of a nursing home in Queens is now approaching $20,000 per month.
The Medicaid Trap
Many seniors in 11358 believe Medicare will cover their long-term care. It will not. Medicare pays for short-term rehab only. For long-term care, you must pay privately until you are destitute, at which point Medicaid kicks in.
The Result: Your family home is sold to pay the nursing home bills.
The 11358 Solution: The Medicaid Asset Protection Trust (MAPT)
We help residents set up Irrevocable Medicaid Trusts.
- You transfer your home into the Trust.
- You retain the right to live there for life (Life Estate).
- After the “Look-Back Period” (30 months for home care, 5 years for nursing home), the house is invisible to Medicaid.
This ensures that your hard-earned equity goes to your children, not the healthcare system.
Specific Considerations for Co-op Owners in Flushing
Zip code 11358 includes many Cooperative apartments. Estate planning for a Co-op is different than for a house.
The Board Problem: Even if you leave your Co-op to your daughter in your Will, the Co-op Board has the right to reject her.
The Morgan Legal Strategy: We review your Co-op’s proprietary lease *before* drafting your plan. We often advise transferring shares into a Trust (with Board approval) during your lifetime to streamline the transfer upon death.
Incapacity Planning: Who Speaks for You?
If you suffer a medical emergency and are taken to NewYork-Presbyterian Queens or Long Island Jewish Medical Center, who makes your decisions?
Power of Attorney
A standard “stationery store” Power of Attorney is often rejected by banks in Queens due to strict compliance laws. You need a New York Statutory Power of Attorney with the “Modifications” section executed. This allows your agent to handle banking, pay your mortgage, and engage in Medicaid planning if you are incapacitated.
Health Care Proxy
This document appoints someone to make medical decisions. Without it, doctors are bound by HIPAA and may not be able to consult your family.
Why Choose Morgan Legal Group?
You have choices when searching for an “estate planning attorney near me 11358.” Here is why Morgan Legal Group is the preferred choice for your neighbors:
- Local Expertise: We know the Queens courts, the Co-op boards, and the specific challenges of the 11358 real estate market.
- Experience: With over 1,000 successful cases, we have seen every scenario. We don’t guess; we know.
- Comprehensive Care: We handle everything from the initial drafting of Wills to probate administration and guardianship proceedings.
Your Next Steps
Living in Auburndale or Flushing means you have built a valuable legacy. Don’t leave it unprotected.
Stop Procrastinating. The laws in 2026 are stricter than ever. Schedule a consultation with Morgan Legal Group today. Whether you need to create a Trust, navigate probate, or protect your assets from elder care costs, we are your local legal partners.
To learn more about the specific court located in your borough, visit the official Queens County Surrogate’s Court website.
