You have worked hard, loved deeply, and built a life worth protecting. Estate planning is not really about lawyers, statutes, or paperwork — it is about you and the people who depend on you. Done well, a New York estate plan answers a few quiet but important questions: Who will care for your children? Who can speak for you if you cannot speak for yourself? And how do you pass on what you have built without leaving your family lost in a courthouse during the hardest week of their lives?
At Morgan Legal Group, attorney Russel Morgan, Esq. and our team help families across all of New York — New York City and the five boroughs, Long Island, Westchester, the Hudson Valley, and Upstate — put a plan in place that fits your life, not a template. This page walks you, gently and clearly, through what a real plan looks like in New York in 2026.
What “A Plan” Actually Means for You
A comprehensive New York estate plan is not one document. It is a coordinated set of four tools that work together — each protecting a different part of your life and the people in it:
| The Tool | What It Does For You | NY Authority |
|---|---|---|
| Last Will & Testament | Names who inherits, names a guardian for minor children, and names the executor you trust to carry out your wishes | EPTL §3-2.1 |
| Trust(s) | Lets your family avoid probate, and (with the right trust) protects assets and qualifies you for Medicaid | EPTL Article 7 |
| Durable Power of Attorney | Lets someone you choose handle your finances if you become unable to | GOL §5-1513 |
| Health Care Proxy | Lets someone you choose make your medical decisions if you cannot | NY Public Health Law Art. 29-C |
When these four are drafted together — coordinated, consistent, and signed correctly — they form a safety net under your entire life. When they are missing or mismatched, the state’s default rules step in, and those rules rarely match what you would have wanted. Start with our estate planning overview to see how the pieces fit.
Your Will: The Voice That Speaks for You
Your will is where your wishes become legally binding. Under EPTL §3-2.1, a valid New York will requires real formality, and these rules protect you:
- You must sign at the END of the document.
- Two attesting witnesses must sign.
- You must publish the will — declare to the witnesses that this document is your will.
These are not bureaucratic hurdles; they are the law’s way of making sure the document truly reflects you. Skip a step, and a probate court can refuse the whole thing.
And if you have no will? New York decides for you. Intestacy under EPTL Article 4 hands your property to relatives in a fixed order — which may mean a distant cousin inherits, or an unmarried partner inherits nothing, no matter how you actually felt. A will keeps that decision in your hands. Learn more on our wills page.
Your Trust: Sparing Your Family the Courthouse
For many New York families, the most loving thing a will cannot do is avoid probate — the public, often slow court process of validating a will. A trust, governed by EPTL Article 7, can.
- A revocable living trust lets assets pass to your loved ones without probate, privately and quickly. (Note: it does not save estate tax — its gift to you is privacy and speed.)
- An irrevocable trust is the tool for tax reduction, asset protection, and Medicaid planning — though Medicaid carries a 5-year look-back, so timing matters.
- A Supplemental Needs Trust (SNT) under EPTL §7-1.12 lets you provide for a loved one with disabilities without costing them their government benefits.
Choosing the right trust is personal — it depends on your assets, your health, and your family. We help you match the tool to your situation. See our trusts page.
If You Cannot Speak: POA and Health Care Proxy
Estate planning is not only about death — it is about the times you are still here but cannot act. Two documents protect you while you are alive:
Your Durable Power of Attorney (GOL §5-1513) is durable by default, meaning it stays effective even if you become incapacitated. New York’s 2021 statutory short form lets a person you trust pay your bills, manage accounts, and handle financial matters when you cannot. Details on our power of attorney page.
Your Health Care Proxy (NY Public Health Law Article 29-C) is separate and just as vital — it appoints an agent for your medical decisions. The POA handles money; the proxy handles medicine. You need both. See our health care proxy page.
The 2026 New York Estate Tax — In Plain Numbers
If your estate is substantial, New York’s estate tax deserves your attention now, while planning still helps:
- Basic exclusion (2026): $7,350,000 for deaths on or after January 1, 2026 through December 31, 2026.
- The “cliff”: at 105% of the exclusion — $7,717,500 — an estate goes over the edge and loses the ENTIRE exemption, taxed from the first dollar.
- Rates: progressive, 3% to 16%.
- Gifts: New York has no gift tax, but gifts made within 3 years of death are added back to your taxable estate.
That cliff is unforgiving — an estate just over $7,717,500 can owe far more than one just under it. Careful planning can keep your family on the right side of the line. Our NY estate tax guide explains your options.
Common Questions From Families Like Yours
Do I really need a trust, or is a will enough for me?
It depends on your goals. A will alone still goes through probate. If keeping your affairs private, avoiding court delay, planning for Medicaid, or reducing estate tax matters to you, a trust under EPTL Article 7 may be the better fit. We help you decide.
What happens to my family if I die without any plan in New York?
Intestacy under EPTL Article 4 applies — the state distributes your property by a fixed formula, a court appoints an administrator, and decisions about your children and assets leave your hands entirely.
Is my financial power of attorney the same as my health care proxy?
No. The durable POA (GOL §5-1513) covers finances; the health care proxy (Public Health Law Article 29-C) covers medical decisions. They are separate documents, and you should have both.
My estate is close to $7.7 million — should I be worried?
Yes, because of the 2026 cliff at $7,717,500. Going over it forfeits the entire $7,350,000 exclusion. Proactive planning can preserve your exemption.
Does it matter where in New York I live?
We serve families statewide — NYC, Long Island, Westchester, the Hudson Valley, and Upstate. The same New York statutes apply across the state. See our NY statewide guide.
Let’s Build Your Plan — Together
Your family deserves a plan made for them, not pulled off a shelf. Russel Morgan, Esq. and the team at Morgan Legal Group are ready to listen first and draft second.
Schedule your confidential consultation →
This page is general legal information for New York residents, not legal advice for your specific situation. Statutes and exclusion amounts cited are current for 2026.
Further reading from Morgan Legal Group: how trusts fit an estate plan.