Most estate planning mistakes are not discovered while you are alive to fix them. They surface years later — in a Surrogate’s Court probate file, in a denied Medicaid application, or in an estate tax return that owes far more than it should. As a New York estate planning specialty firm, the Morgan Legal Group, led by attorney Russel Morgan, Esq., exists to get the plan right the first time, so your family never inherits a problem instead of an inheritance.
Below are the questions we answer most often for clients across New York — from New York City and Long Island to Westchester, the Hudson Valley, and Upstate. Every answer is grounded in the actual New York statutes that control the outcome.
The Four Documents Every NY Plan Needs
A real plan is not a single form. A coordinated New York estate plan is built from four instruments that work together:
| Document | NY Authority | What It Does |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs who inherits; names your executor and guardians |
| Trust(s) | EPTL Article 7 | Avoids probate (revocable) or protects assets/Medicaid (irrevocable) |
| Durable Power of Attorney | GOL §5-1513 | Lets a trusted agent handle your finances if you cannot |
| Health Care Proxy | Public Health Law Article 29-C | Lets an agent make your medical decisions |
When any one of these is missing or contradicts the others, the plan fails at the moment it is needed most. Specialists coordinate all four. See our estate planning overview for how the pieces fit.
Frequently Asked Questions
1. What makes a will valid in New York?
Under EPTL §3-2.1, a New York will must be in writing, signed by the testator at the end of the document, and witnessed by two attesting witnesses. The testator must also “publish” the will — declare to the witnesses that the document is their will. Skipping any of these formalities is the single most common reason a will is challenged in Surrogate’s Court. A specialist supervises execution precisely so the will is unassailable. Learn more on our wills page.
2. What happens if I die without a will in New York?
You do not avoid the rules — you simply surrender control of them. When there is no valid will, EPTL Article 4 (intestacy) decides who inherits, in a fixed statutory order that ignores your wishes, stepchildren, charities, and unmarried partners entirely. The court, not you, also effectively decides who administers the estate. Dying intestate almost always costs your family more time and money than a properly drafted will would have.
3. Do I need a trust if I already have a will?
Often, yes — they do different jobs. A will must pass through probate; a revocable living trust (EPTL Article 7) lets assets pass to your beneficiaries without probate, privately and faster. Important caveat from a specialist: a revocable trust offers no estate-tax savings on its own. For tax reduction, asset protection, or Medicaid planning, you need an irrevocable trust. Explore both on our trusts page.
4. How does an irrevocable trust help with Medicaid?
An irrevocable trust can remove assets from your name so they no longer count against you for long-term-care Medicaid — but only if the transfer is made before the five-year look-back period. Transfers within five years of applying for nursing-home Medicaid can trigger a penalty. This is why specialists urge planning early; the calendar, not the crisis, controls eligibility. A Supplemental Needs Trust under EPTL §7-1.12 can also preserve government benefits for a loved one with disabilities.
5. What is the difference between a Power of Attorney and a Health Care Proxy?
They govern two separate worlds and are never interchangeable:
- The Power of Attorney (GOL §5-1513) covers financial matters — banking, real estate, bills, taxes. New York’s POA is durable by default, meaning it survives your incapacity, and the 2021 statutory short form is the current standard.
- The Health Care Proxy (Public Health Law Article 29-C) covers medical decisions only, naming an agent to speak for you when you cannot.
You need both. Missing either one can force your family into a costly guardianship proceeding. See our power of attorney and health care proxy pages.
6. Will my estate owe New York estate tax in 2026?
For deaths on or after January 1, 2026 through December 31, 2026, the New York basic exclusion amount is $7,350,000. The tax is progressive, ranging from 3% to 16%. New York imposes no gift tax — but be aware that gifts made within three years of death are added back to your taxable estate. Our NY estate tax guide covers planning strategies in detail.
7. What is the New York estate tax “cliff,” and why does it matter so much?
This is the trap that catches unprepared estates. New York’s exemption is not a simple deduction — it phases out completely. Once an estate exceeds 105% of the exclusion — $7,717,500 in 2026 — you lose the entire exemption and the estate is taxed from the first dollar, not just the amount over the threshold.
| 2026 NY Estate Value | Result |
|---|---|
| At or under $7,350,000 | No NY estate tax |
| Between $7,350,000 and $7,717,500 | Exemption phases out rapidly |
| Over $7,717,500 (the cliff) | Entire estate taxable from dollar one |
Falling just over the cliff can cost hundreds of thousands of dollars. Specialists use lifetime gifting, trusts, and charitable strategies to keep estates on the safe side of that line.
8. How can I avoid probate in New York?
Probate is the court process of validating a will and is required when assets pass through the will alone. Common specialist tools to avoid or reduce it include funding a revocable living trust, using beneficiary designations on retirement and life-insurance accounts, and titling property appropriately. The goal is not to dodge the court for its own sake, but to give your family a faster, private, lower-cost transfer.
9. How often should I update my New York estate plan?
We recommend a review every three to five years, and immediately after any major life event: marriage, divorce, a new child or grandchild, a death in the family, a significant change in assets, or a move into or out of New York. Tax law also shifts — the 2026 exclusion figures, for example, differ from prior years. An outdated plan can be as harmful as no plan at all.
10. Why work with a New York estate planning specialist instead of using a template?
Online forms do not supervise a valid EPTL §3-2.1 execution, do not coordinate your POA and proxy, do not weigh the estate-tax cliff, and cannot model Medicaid’s five-year look-back. They produce documents — not a plan. A specialist builds an integrated strategy designed to hold up in Surrogate’s Court and protect your family across every contingency. Doing it correctly the first time is almost always cheaper than fixing it later.
Plan It Right the First Time
If your plan is missing a document, predates 2021, or has never accounted for the New York estate tax cliff, now is the time for a specialist review. Wherever you are in New York, we can help.
Schedule a consultation with Russel Morgan, Esq.
Explore our practice resources: Estate Planning Overview · Wills · Trusts · Power of Attorney · Health Care Proxy · NY Estate Tax Guide · Statewide Guide
Verify current figures with official sources: NY Senate (statutes), NYS Department of Taxation and Finance, and the NYS Department of Health.
Further reading from Morgan Legal Group: why estate planning is so important.