Most families discover the gaps in their estate plan only after something goes wrong — a will that fails to meet New York’s execution requirements, a power of attorney that a bank refuses to honor, or an estate that loses its entire state exemption because no one explained the cliff. At Morgan Legal Group, Russel Morgan, Esq. and our team exist for one purpose: to build plans that hold up, in every county in New York State, from the first moment they are needed.
What “Specialist” Actually Means in New York Estate Planning
A generalist drafts documents. A specialist coordinates them. New York law requires that each instrument in your plan be independently valid — and that together they leave no gap an administrator, a bank, or a probate court can exploit.
A complete New York estate plan under our standard of care covers four coordinated instruments:
| Instrument | Governing Law | Core Function |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs asset distribution; names executor and guardian |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoids probate; manages assets during incapacity or after death |
| Durable Power of Attorney | GOL §5-1513 | Authorizes a financial agent if you become incapacitated |
| Health Care Proxy | NY Public Health Law Art. 29-C | Appoints an agent for medical decisions — separate from financial authority |
Each instrument has its own technical requirements. A will that is not signed at the end of the document, or that lacks two attesting witnesses who understand they are witnessing a will, is void under EPTL §3-2.1. A power of attorney that does not follow the 2021 statutory short form under GOL §5-1513 will be rejected by most financial institutions. Getting each instrument right — individually and as a system — is the specialist’s job.
The New York Tax Dimension Specialists Cannot Ignore
New York imposes its own estate tax, entirely separate from federal law. For deaths occurring in 2026, the basic exclusion is $7,350,000. But New York’s “cliff” rule creates a trap most families never see coming: if an estate exceeds 105% of the exclusion ($7,717,500), the exemption disappears entirely, and the estate is taxed from the first dollar at rates up to 16%.
New York also has no gift tax — but gifts made within three years of death are pulled back into the taxable estate. Proper planning using irrevocable trusts under EPTL Article 7 and coordinated lifetime transfers can position an estate below the cliff. See our NY Estate Tax Guide for the full 2026 rate schedule from the New York State Department of Taxation and Finance.
We Serve All of New York State
Our statewide practice covers every region of New York — New York City’s five boroughs, Long Island, Westchester, the Hudson Valley, and Upstate communities. New York’s estate and probate laws are uniform across the state; what varies is execution strategy. Whether your estate involves a Manhattan cooperative, a Long Island family home, or an Upstate business interest, the planning framework we apply is the same: comprehensive, statute-compliant, and built to work the first time.
Explore the full plan: estate planning overview | wills | trusts | power of attorney | health care proxy.
Ready to build a plan that holds? Schedule a consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: estate planning in New York.