Most estate plans that fail in New York were not undone by bad luck — they were undone by a document that was almost right. A will witnessed by one person instead of two. A power of attorney signed on an outdated form. An irrevocable trust funded a few months too late to clear the Medicaid look-back. As estate planning specialists, our entire premise is that these instruments only protect you if they are built correctly the first time, because the moment they are tested, you are no longer here to fix them.
The questions below are the ones we answer most often for clients across the state — from Manhattan and Brooklyn to Long Island, Westchester, the Hudson Valley, and Upstate. They reflect current New York law as it stands in 2026. For a full overview of how the pieces fit together, start with our estate planning overview.
The four documents every New York plan needs
A comprehensive plan is not a single will. It is four coordinated instruments, each governing a different moment:
| Document | Governing law | What it controls |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Who inherits after death; names executor and guardians |
| Revocable / Irrevocable Trust(s) | EPTL Article 7 | Avoids probate; tax, asset-protection, and Medicaid planning |
| Durable Power of Attorney | GOL §5-1513 | Financial and legal decisions while you are alive |
| Health Care Proxy | Public Health Law Art. 29-C | Medical decisions if you cannot speak for yourself |
When these four are drafted to work together, there are no gaps. When they are bought piecemeal — a will from one source, a POA from another — the seams are where plans break.
Wills and probate
What makes a will valid in New York?
Under EPTL §3-2.1, a New York will requires two attesting witnesses, the testator’s signature at the end of the document, and publication — meaning you must declare to the witnesses that the document is your will. Specialists treat the signing ceremony itself as a legal event, not a formality. A correctly drafted will signed improperly is still an invalid will. See our wills page for the full execution requirements.
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 your closest relatives in a fixed order, which often surprises blended families and unmarried partners (who receive nothing under intestacy). A specialist’s view: intestacy is the default plan the State wrote for you, and it almost never matches what you actually want.
Does a will avoid probate?
No. A will is the instrument that goes through probate — the court process that proves the will and authorizes your executor. To avoid probate, assets must pass outside the will, typically through a properly funded trust.
Trusts
What is the difference between a revocable and an irrevocable trust?
A revocable living trust (EPTL Article 7) lets you avoid probate while keeping full control and the right to change it — but it offers no estate-tax savings, because the assets are still legally yours. An irrevocable trust removes assets from your taxable estate and is the tool for tax reduction, asset protection, and Medicaid planning, subject to a five-year look-back. The trade-off is control, and choosing correctly the first time is exactly where specialist judgment matters. Compare them on our trusts page.
Can a trust protect a disabled beneficiary’s benefits?
Yes. A Supplemental Needs Trust (EPTL 7-1.12) holds assets for a beneficiary with disabilities without disqualifying them from Medicaid or SSI. Drafted incorrectly, the trust itself becomes a countable resource — the opposite of its purpose.
Power of attorney and health care proxy
Is my old power of attorney still good?
It may be unenforceable. New York adopted a 2021 statutory short form power of attorney with revised execution rules under GOL §5-1513. A POA is durable by default in New York, meaning it survives your incapacity — but banks routinely reject forms that do not match the current statute. We re-examine every POA against the 2021 standard on our power of attorney page.
Isn’t a health care proxy the same as a power of attorney?
No — and conflating them is a common, costly error. A health care proxy under Public Health Law Article 29-C appoints an agent for medical decisions only. A power of attorney covers financial and legal matters. They are separate documents naming (often) separate agents. You need both. See our health care proxy page.
The New York estate tax and the cliff
How much can I leave before New York taxes my estate in 2026?
For deaths on or after January 1, 2026 through December 31, 2026, the basic exclusion amount is $7,350,000. Estates below that pay no New York estate tax.
What is the “cliff,” and why do specialists obsess over it?
New York’s estate tax does not simply tax the amount over the exemption. Once your taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — you lose the entire exemption and are taxed from the first dollar. The rate is progressive, 3% to 16%.
| Taxable estate | New York estate tax result (2026) |
|---|---|
| $7,350,000 or less | No NY estate tax |
| Just over $7,350,000 | Tax only on the excess |
| Over $7,717,500 (the cliff) | Entire estate taxed from dollar one |
This is why a few hundred thousand dollars in the wrong place can cost hundreds of thousands in tax. Specialists plan around the cliff deliberately — often with lifetime gifts or charitable bequests — rather than discovering it after death. Our NY estate tax guide walks through the math.
Does New York have a gift tax?
No. New York imposes no gift tax. However, any gifts made within three years of death are added back to your taxable estate. So a deathbed gift to dodge the cliff usually does not work — the planning has to happen with time to spare, which again rewards getting it right early.
Working with a specialist
Why does “specialist” matter for something everyone says they do?
Because estate planning is one of the few areas of law where the client is absent when the work is tested. A litigation mistake can be appealed; an estate planning mistake is discovered at the worst possible moment, by the people you were trying to protect. Doing it correctly the first time is not a slogan — it is the only standard that means anything here. For how we coordinate all of this statewide, see our New York statewide guide.
Ready to build a plan that holds? Attorney Russel Morgan, Esq. and the team at Morgan Legal Group work with clients throughout New York State. Schedule your 30-minute consultation.
Further reading from Morgan Legal Group: why estate planning is so important.