Most people reach out to Morgan Legal Group not with a ready-made plan, but with a pressing question. Here are the ones we hear most — and honest answers grounded in New York law.
What Does a Complete NY Estate Plan Actually Include?
A coordinated NY estate plan has four core documents:
| Document | Governing Law | What It Does |
|---|---|---|
| Will | EPTL §3-2.1 | Directs asset distribution; requires two witnesses and testator signature at the end |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoids probate (revocable); reduces taxes or protects assets for Medicaid (irrevocable, 5-year look-back) |
| Durable Power of Attorney | GOL §5-1513 | Authorizes financial decisions; durable by default under the 2021 statutory form |
| Health Care Proxy | NY Public Health Law Article 29-C | Names an agent for medical decisions — entirely separate from the financial POA |
Dying without a will in New York means intestacy rules under EPTL Article 4 control who inherits — not your wishes.
Should I Worry About NY Estate Tax?
Yes, if your estate approaches $7,350,000 (the 2026 basic exclusion). New York’s cliff rule means an estate exceeding $7,717,500 (105% of the exclusion) loses the entire exemption and is taxed from dollar one at rates up to 16%. Gifts made within three years of death are added back to the taxable estate.
Explore your options on our NY Estate Tax Guide and Trusts pages.
How Do I Get Started?
Whether you are in New York City, Long Island, Westchester, the Hudson Valley, or Upstate, Russel Morgan, Esq. and the Morgan Legal Group team are ready to help. Review our estate planning overview, Wills, Power of Attorney, Healthcare Proxy, and our NY Statewide Guide — then schedule a consultation below.
Book a 30-Minute Consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: the New York estate planning guide.