Most people do not come to estate planning excited about statutes. They come because something worries them — a probate that dragged on for a relative, a parent slipping toward needing long-term care, a business with no succession plan, or simply the gnawing question of what happens to my family if I am not here. At Morgan Legal Group, attorney Russel Morgan, Esq. and our team approach New York estate planning the way you actually experience it: as a set of problems that need solutions. This page walks through the most common problems New Yorkers face and the specific legal tools that fix them — accurately, and without the jargon.
We serve clients across all of New York State — from New York City and Long Island to Westchester, the Hudson Valley, and Upstate. Wherever you live, the same core toolkit applies, coordinated to work together rather than as four disconnected documents.
The Four Documents That Solve Most Problems
A comprehensive New York estate plan is not a single will. It is four instruments designed to work together: a will, one or more trusts, a durable power of attorney, and a health care proxy. Each solves a distinct problem.
| Your Problem | The Solution | NY Authority |
|---|---|---|
| “Who inherits, and on my terms — not the state’s?” | A properly executed will | EPTL §3-2.1 (two witnesses, signature at the end, publication) |
| “I want to spare my family probate and protect assets” | A revocable or irrevocable trust | EPTL Article 7 |
| “Someone needs to handle my finances if I can’t” | A durable power of attorney | GOL §5-1513 (2021 statutory short form) |
| “Someone needs to make medical calls for me” | A health care proxy | Public Health Law Article 29-C |
| “My estate may owe NY estate tax” | Planning around the 2026 exclusion & cliff | See NY Estate Tax Guide |
When these pieces are drafted in isolation, they conflict. When they are coordinated — the heart of our estate planning overview — they close the gaps that cause family fights, court delays, and avoidable taxes.
Problem 1: “I don’t have a will” (or it’s outdated)
If you die without a valid will, you have not avoided the question of who inherits — you have simply handed the answer to New York. Intestacy under EPTL Article 4 distributes your estate by a fixed formula that rarely matches what people actually want. Unmarried partners, stepchildren, and favorite charities receive nothing.
The solution: a will that complies with EPTL §3-2.1 — signed by you at the end of the document, witnessed by two attesting witnesses, with proper publication. The execution formalities are unforgiving; a homemade will that gets the signing wrong can fail entirely. Learn more on our wills page.
Problem 2: “I don’t want my family stuck in probate”
Probate is the court process of proving a will. It takes time, becomes public record, and can stall the very assets your family needs.
The solution: a revocable living trust under EPTL Article 7. Assets you transfer into the trust during your life pass to your beneficiaries without probate at death. One honest caveat we always give clients: a revocable trust avoids probate, but it does not by itself save estate tax — those are two different problems with two different tools. See our trusts page.
Problem 3: “I’m worried about long-term care costs”
Nursing care can consume a lifetime of savings, and Medicaid’s eligibility rules are strict.
The solution: an irrevocable trust, used for tax reduction, asset protection, and Medicaid planning. Because Medicaid imposes a five-year look-back on transfers, timing is everything — irrevocable planning works best done early, not in a crisis. For a beneficiary with disabilities, a supplemental needs trust under EPTL 7-1.12 holds assets without disqualifying them from means-tested public benefits.
Problem 4: “What if I can’t manage things myself?”
Incapacity — not death — is the contingency most plans ignore. Without the right documents, your family may have to petition a court for guardianship just to pay your bills or speak with your doctor.
Two solutions, two domains:
- A durable power of attorney (GOL §5-1513) appoints an agent for your financial affairs and, being durable by default, stays valid if you become incapacitated. New York’s 2021 statutory short form modernized this instrument. See power of attorney.
- A health care proxy (Public Health Law Article 29-C) appoints an agent for your medical decisions. It is distinct from the financial POA — one cannot do the other’s job. See healthcare proxy.
Problem 5: “Will my estate owe New York estate tax?”
New York has its own estate tax, separate from the federal one — and it contains a famous trap.
- 2026 basic exclusion amount: $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 — the exemption vanishes entirely. An estate over the cliff is taxed from the first dollar, not just on the excess. The difference between landing just under and just over can be enormous.
- Rates: progressive, 3% to 16%.
- Gifts: New York has no gift tax — but any gift made within three years of death is added back to the taxable estate.
The solution: proactive, numbers-aware planning that keeps an estate below the cliff where possible, uses trusts and lifetime gifting strategically, and times transfers correctly. Walk through it on our NY estate tax guide.
How We Work — One Plan, Statewide
Whether you are in Brooklyn, Buffalo, or the Catskills, the New York statutes above govern your plan. Our statewide guide explains how we serve clients across the state. The goal is never a pile of documents — it is a coordinated plan where the will, trusts, POA, and proxy reinforce one another and your tax exposure is handled before it becomes a problem.
Ready to turn worry into a plan? Schedule a 30-minute consultation with Russel Morgan, Esq.
Frequently Asked Questions
Q: Do I really need a trust if I already have a will?
A will alone passes through probate and only takes effect at death. A trust can avoid probate, manage assets during incapacity, and — when irrevocable — provide tax and Medicaid protection. Most comprehensive New York plans use both, coordinated.
Q: Will a revocable living trust lower my New York estate tax?
No. A revocable trust solves the probate problem, not the tax problem. Estate-tax reduction generally requires an irrevocable trust or lifetime gifting strategies under EPTL Article 7.
Q: My estate is around $7.5 million — is that a problem?
Possibly a serious one. The 2026 NY exclusion is $7,350,000 and the cliff sits at $7,717,500. An estate just over that cliff loses the entire exemption and is taxed from dollar one. This is exactly the scenario where planning pays for itself.
Q: What is the difference between a power of attorney and a health care proxy?
The durable power of attorney (GOL §5-1513) covers financial decisions; the health care proxy (Public Health Law Article 29-C) covers medical decisions. They are separate documents appointing separate authority — most plans need both.
Q: Can I write my own will in New York?
You can, but EPTL §3-2.1 requires two attesting witnesses, your signature at the end, and publication. Small execution errors can void the entire will, which is why DIY wills so often fail at exactly the wrong moment.
Authoritative sources: New York Estate Powers & Trusts Law and General Obligations Law via the New York State Senate, New York estate tax information from the NYS Department of Taxation and Finance, and health care proxy guidance from the NYS Department of Health.
Further reading from Morgan Legal Group: how trusts fit an estate plan.