Most people search for an estate planning attorney after a triggering event — a new child, a health scare, an inheritance, or a parent’s difficult probate. Whatever brought you here, this page maps the practical path forward under New York law in 2026.
Morgan Legal Group, led by Russel Morgan, Esq., serves clients statewide: New York City, Long Island, Westchester, the Hudson Valley, and communities across Upstate New York.
Why a Coordinated Plan — Not Just a Will
A single document leaves gaps. A complete New York estate plan links four instruments so they work together without conflict:
| Document | What It Does | Governing Law |
|---|---|---|
| Will | Directs asset distribution, names an executor and guardians for minors | EPTL §3-2.1 |
| Trust(s) | Avoids probate (revocable); reduces taxes or protects assets (irrevocable); preserves benefits (SNT under EPTL §7-1.12) | EPTL Article 7 |
| Durable Power of Attorney | Appoints someone to handle finances if you are incapacitated | GOL §5-1513 (2021 statutory form) |
| Health Care Proxy | Appoints an agent for medical decisions — separate from the financial POA | NY Public Health Law Art. 29-C |
Three Checklists for Where You Stand Right Now
Checklist 1 — You Have Nothing Yet
- [ ] Gather a list of all assets (real property, bank accounts, retirement, life insurance)
- [ ] Identify your intended beneficiaries and alternates
- [ ] Choose an executor, trustee, and at minimum one backup for each
- [ ] Book an intake call to review whether a revocable living trust or a simple will is the right starting point
Checklist 2 — You Have a Will but Nothing Else
- [ ] Review whether the will still reflects your family structure and wishes
- [ ] Add a durable Power of Attorney — without one, a court proceeding may be required if you become incapacitated
- [ ] Add a Health Care Proxy — the POA covers finances only
- [ ] Assess whether your estate approaches the 2026 New York estate tax threshold
Checklist 3 — Your Estate May Exceed the 2026 Exemption
New York’s basic exclusion is $7,350,000 for deaths occurring January 1 – December 31, 2026. The cliff sits at $7,717,500 (105% of the exclusion). An estate above the cliff loses the entire exemption and is taxed from dollar one at rates of 3%–16%.
- [ ] Calculate your gross estate including life insurance and retirement assets
- [ ] Note: New York has no gift tax, but gifts made within 3 years of death are added back to the taxable estate for NY purposes
- [ ] Evaluate irrevocable trust strategies for tax reduction or Medicaid planning (5-year look-back applies)
- [ ] Review beneficiary designations — they override your will
What Happens if You Do Nothing
Dying without a valid will in New York means intestacy rules under EPTL Article 4 control distribution — a spouse, children, and other relatives inherit in a fixed order that may not match your intentions. A will must be signed by the testator at the end and witnessed by two people under EPTL §3-2.1; informal documents do not qualify.
Your Next Step
Review the statewide NY guide to understand how Morgan Legal Group serves every region of New York, then schedule a 30-minute planning call with Russel Morgan, Esq. — no obligation, no jargon, just a clear picture of where your plan stands today.
External references: NY EPTL — nysenate.gov · NY Estate Tax — tax.ny.gov · Health Care Proxy — health.ny.gov
Further reading from Morgan Legal Group: estate planning in New York.