Most people come to Morgan Legal Group with a single question — “Do I need a will?” — and leave understanding that a will is only one instrument in a coordinated set of documents. A complete New York estate plan is a portfolio of legal instruments that work together: a will, one or more trusts, a durable power of attorney, and a health care proxy, all drafted to fit each other and to fit New York law.
This page answers the questions we hear most often, organized around the documents and services we prepare for clients across the entire state — New York City, Long Island, Westchester, the Hudson Valley, and Upstate. For deeper detail on any single instrument, follow the links to our estate planning overview and the individual service pages.
The Core Documents at a Glance
| Document | Governing NY Law | What It Does |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs who inherits; names an executor and guardians |
| Revocable Living Trust | EPTL Article 7 | Avoids probate; manages assets during life and after death |
| Irrevocable Trust | EPTL Article 7 | Tax reduction, asset protection, Medicaid planning |
| Durable Power of Attorney | GOL §5-1513 | Authorizes an agent to handle finances |
| Health Care Proxy | Public Health Law Art. 29-C | Authorizes an agent for medical decisions |
Frequently Asked Questions
What documents make up a “complete” New York estate plan?
A comprehensive plan coordinates four instruments: a will, one or more trusts, a durable power of attorney, and a health care proxy. The will and trusts direct where your property goes; the power of attorney and health care proxy decide who acts for you while you are alive but unable to act for yourself. Drafting them in isolation is where plans fail — for example, a trust does nothing if assets are never retitled into it. We prepare them as a single, coordinated package. See our estate planning overview for how the pieces fit.
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, signed in the presence of (or acknowledged to) two attesting witnesses, and the testator must declare to those witnesses that the document is their will (this declaration is called publication). Witnesses generally sign within thirty days of one another. Because the signing formalities are strict and a defective execution can void the entire document, we supervise will signings rather than leave them to chance. Learn more on our wills page.
What happens if I die without a will in New York?
You die intestate, and EPTL Article 4 decides who inherits — not you. The statute distributes your estate to a fixed order of relatives. A surviving spouse with children, for example, receives the first $50,000 plus half the balance, with the remainder to the children; without a spouse or children, the law reaches to more distant relatives. Intestacy also leaves the choice of guardian for minor children to a court. A properly drafted will replaces these defaults with your own decisions.
Should I use a will or a living trust?
They serve different functions, and many clients use both. A will takes effect at death and passes through probate, the court process that proves the will. A revocable living trust (EPTL Article 7) lets your assets pass to beneficiaries without probate, which can save time and preserve privacy. Note an important limit: a revocable trust avoids probate but offers no estate-tax savings on its own — the assets remain part of your taxable estate. Compare options on our trusts page.
When is an irrevocable trust the right tool?
An irrevocable trust (EPTL Article 7) is used when the goals are tax reduction, asset protection, or Medicaid eligibility. Because you give up control over the assets, they can be removed from your taxable estate and shielded from certain creditors. For Medicaid planning, be mindful of the five-year look-back: transfers into the trust must generally be made at least five years before applying for nursing-home Medicaid. A Supplemental Needs Trust (EPTL 7-1.12) is a specialized irrevocable trust that preserves a disabled beneficiary’s eligibility for government benefits.
What is a durable power of attorney, and why does the 2021 form matter?
A power of attorney authorizes an agent to manage your financial and legal affairs. Under GOL §5-1513, New York powers of attorney are durable by default, meaning they survive your incapacity — which is exactly when you most need one. New York adopted a statutory short form in 2021 that simplified execution and added penalties for third parties who wrongly refuse to honor a valid POA. Using the current statutory form helps ensure banks and institutions accept it. See our power of attorney page.
How is a health care proxy different from a power of attorney?
They cover separate domains. A health care proxy, governed by Public Health Law Article 29-C, appoints an agent to make medical decisions if you cannot communicate them yourself. A durable power of attorney covers financial and legal matters. One does not substitute for the other — you need both, naming agents you trust for each role. Details are on our health care proxy page.
Will my estate owe New York estate tax in 2026?
New York imposes its own estate tax, separate from the federal one. For deaths on or after January 1, 2026 through December 31, 2026, the basic exclusion amount is $7,350,000. The danger is New York’s notorious “cliff.”
- An estate at or below $7,350,000 owes no New York estate tax.
- The cliff sits at 105% of the exclusion — $7,717,500.
- An estate over the cliff loses the entire exemption and is taxed from the first dollar, at progressive rates from 3% to 16%.
Falling just over the cliff can cost far more in tax than the amount by which you exceeded it, which is why planning near these thresholds is so valuable. Our NY estate tax guide walks through the math.
Does New York have a gift tax I should worry about?
New York has no gift tax, so lifetime gifts are not taxed at the time you make them. However, there is a three-year add-back: any gift made within three years of death is pulled back into your taxable estate for New York estate-tax purposes. This rule can quietly push an estate over the cliff, so deathbed gifting is rarely the bargain it appears to be. We model gifting strategies as part of tax-focused planning.
Do you serve clients outside New York City?
Yes. Morgan Legal Group prepares estate planning documents for clients statewide — across the five boroughs, Long Island, Westchester, the Hudson Valley, and Upstate New York. The instruments described here are creatures of New York State law and apply throughout the state. Our statewide guide explains how we work with clients wherever they live in New York.
Ready to Build Your Plan?
The right combination of documents depends on your family, your assets, and your goals. Attorney Russel Morgan, Esq. and the team at Morgan Legal Group prepare each instrument to work as part of a coordinated whole.
Schedule a 30-minute consultation with Russel Morgan, Esq.
This page is general legal information, not legal advice. New York estate, tax, and Medicaid rules change; confirm current figures with the New York State Legislature, the NYS Department of Taxation and Finance, and the NYS Department of Health.
Further reading from Morgan Legal Group: why estate planning is so important.