New York’s estate-planning rules are distinct from those of every other state — from the exact signing formalities required by EPTL §3-2.1 to a state estate-tax cliff that can erase a multi-million-dollar exemption in an instant. A single appointment with Russel Morgan, Esq. gives you a clear picture of where you stand under 2026 New York law and what a coordinated plan will accomplish.
What a Complete NY Estate Plan Covers
A properly built New York estate plan coordinates four instruments — not one or two:
| Instrument | Governing Law | Primary Purpose |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Direct assets; two attesting witnesses required |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoid probate; tax & Medicaid planning (5-year look-back) |
| Durable Power of Attorney | GOL §5-1513 (2021 form) | Financial decisions if you are incapacitated |
| Health Care Proxy | NY Public Health Law Art. 29-C | Medical decisions — separate from financial POA |
The 2026 New York Estate-Tax Cliff
New York’s basic exclusion is $7,350,000 for deaths in calendar year 2026. Estates exceeding $7,717,500 (105% of the exclusion) lose the entire exemption and are taxed from dollar one at rates up to 16%. New York also recaptures gifts made within three years of death. See the NY estate-tax guide and ny.gov/tax for rate schedules.
Dying without a will subjects your estate to EPTL Article 4 intestacy — a rigid statutory formula that ignores your actual wishes.
Serving All of New York State
Morgan Legal Group advises families across NYC, Long Island, Westchester, the Hudson Valley, and Upstate New York. View our statewide service overview for regional considerations, or explore the full estate planning overview.
Your consultation is confidential and obligation-free.
Schedule Your 30-Minute Appointment →
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .