Most people come to us not with a plan, but with questions. What happens if I die without a will? Does a trust really help me avoid probate? What is the “cliff” on the New York estate tax — and could it cost my family hundreds of thousands of dollars? At Morgan Legal Group, led by Russel Morgan, Esq., we have guided New Yorkers through these exact concerns for years, serving clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.
This page answers the questions we hear most often — because an informed client makes better decisions for the people they love.
The Four Documents Every New York Estate Plan Needs
A complete New York estate plan is not a single document. It is a coordinated set of four instruments, each doing a job the others cannot:
| Document | What It Does | Governing Law |
|---|---|---|
| Will | Directs asset distribution; names guardians for minor children | EPTL §3-2.1 |
| Revocable Living Trust | Avoids probate; controls asset timing and conditions | EPTL Article 7 |
| Durable Power of Attorney | Appoints someone to manage your finances if you are incapacitated | GOL §5-1513 |
| Health Care Proxy | Appoints an agent for medical decisions only | NY Public Health Law Art. 29-C |
These documents must work together. A trust without a coordinating pour-over will leaves assets outside the trust vulnerable to probate. A health care proxy addresses medical decisions; it cannot touch your bank account — that is the role of your power of attorney.
“Do I Really Need a Trust If I Have a Will?”
This is the question we answer most often. A revocable living trust bypasses the New York Surrogate’s Court probate process entirely, which can save your family months of delay and legal expense. However, a revocable trust provides no estate-tax savings — the assets inside it remain part of your taxable estate.
If reducing taxes or protecting assets from Medicaid’s five-year look-back rule is a priority, an irrevocable trust may be appropriate. For a family member with a disability, a Supplemental Needs Trust under EPTL §7-1.12 preserves eligibility for government benefits while still providing support.
The New York Estate Tax Cliff — and Why It Matters More Than the Rate
For 2026, New York’s basic exclusion is $7,350,000. The tax is progressive, ranging from 3% to 16%. That sounds manageable — until you understand the cliff.
If your estate exceeds 105% of the exclusion ($7,717,500), New York taxes the entire estate from dollar one, not just the amount above the threshold. A $200,000 difference in estate value can trigger a tax bill measured in hundreds of thousands of dollars. New York also adds back gifts made within three years of death to the taxable estate.
Strategic planning around the cliff is one of the most consequential things an NY estate tax guide can address — and one of the clearest reasons to begin planning well before it becomes urgent.
Serving All of New York State
Our clients live in Manhattan and in the Adirondacks, in Nassau County and in the Capital Region. Estate planning law in New York is statewide — the statutes that govern your will, trust, and power of attorney apply whether you are in Brooklyn or Buffalo. Learn more about how we serve clients throughout the state on our New York statewide guide or explore our estate planning overview.
Ready to get your questions answered directly? Schedule a consultation with Russel Morgan, Esq. — no obligation, just clarity.
Further reading from Morgan Legal Group: estate planning in New York.