If you live anywhere in New York State — from Manhattan and Brooklyn to Long Island, Westchester, the Hudson Valley, or Upstate — these are the questions our clients ask most. The answers below reflect current New York statutes and the 2026 estate-tax figures. They are general information, not legal advice for your specific situation. For tailored guidance, schedule a consultation with Russel Morgan, Esq..
For a broader walkthrough, start with our Estate Planning Overview and our New York Statewide Guide.
The four documents at a glance
| Document | Governing NY Law | What it does |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs who inherits; names an executor and guardians for minor children |
| Trust (revocable or irrevocable) | EPTL Article 7 | Avoids probate, protects assets, plans for taxes and Medicaid |
| Durable Power of Attorney | GOL §5-1513 | Lets an agent handle your financial affairs |
| Health Care Proxy | Public Health Law Article 29-C | Lets an agent make your medical decisions |
A complete plan coordinates all four together. Learn more on our Wills, Trusts, Power of Attorney, and Health Care Proxy pages.
1. What does a comprehensive New York estate plan include?
A comprehensive plan is not a single document. For most New York families it combines a will, one or more trusts, a durable power of attorney, and a health care proxy, all drafted to work together. The will and trusts decide where your property goes; the power of attorney and health care proxy decide who acts for you if you become incapacitated during your lifetime. Coordinating them prevents gaps — for example, an asset titled in a trust passes outside the will, so the documents must be aligned.
2. What makes a will valid in New York?
Under EPTL §3-2.1, a New York will must be in writing and signed by the testator at the end of the document. The signing must be witnessed by two attesting witnesses, and the testator must “publish” the will — that is, declare to the witnesses that the document is their will. Skipping any of these formalities — signing in the wrong place, using only one witness, or failing to publish — can invalidate the will. Because these rules are strict, do-it-yourself wills are a frequent source of litigation. See our Wills page for details.
3. What happens if I die without a will in New York?
If you die without a valid will, you die “intestate,” and EPTL Article 4 decides who inherits — not you. The statute distributes your property by a fixed formula to your closest relatives. For example, a surviving spouse with children does not inherit everything; the estate is split between the spouse and the children under the statutory shares. If you want to control who receives your assets — or provide for an unmarried partner, stepchildren, or charity — you need a will or trust. Intestacy also leaves the choice of who raises minor children to the court rather than to you.
4. Should I use a revocable living trust or an irrevocable trust?
It depends on your goal. Both are governed by EPTL Article 7:
- A revocable living trust lets you keep control and amend the trust during your lifetime. Its main benefit is avoiding probate so assets pass privately and efficiently. It does not save estate taxes, because the assets remain part of your taxable estate.
- An irrevocable trust gives up your control in exchange for powerful benefits: estate-tax reduction, asset protection, and Medicaid planning. Assets transferred to a properly structured irrevocable trust can be removed from your taxable estate.
We compare both on our Trusts page.
5. How do trusts help with Medicaid in New York?
Long-term care is expensive, and Medicaid eligibility is means-tested. An irrevocable trust can hold assets so they no longer count against you — but New York applies a five-year look-back to transfers made for Medicaid purposes, meaning transfers within five years of applying can trigger a penalty period. Because of this look-back, Medicaid asset-protection planning works best when started years in advance. A separate tool, the Supplemental Needs Trust under EPTL 7-1.12, lets a person with disabilities keep needs-based government benefits while receiving support from the trust.
6. What is a durable power of attorney, and is mine still valid?
A power of attorney (POA) lets someone you trust — your “agent” — manage your financial matters: banking, bills, real estate, and investments. Under GOL §5-1513, a New York POA is durable by default, meaning it stays in effect even if you later become incapacitated (unless the document states otherwise). New York overhauled the statutory short form effective in 2021, simplifying execution and adding penalties when a third party wrongly refuses a valid POA. Older forms may still be honored, but many clients update to the current form to avoid pushback from banks. See our Power of Attorney page.
7. How is a health care proxy different from a power of attorney?
They cover different decisions. A health care proxy, governed by Public Health Law Article 29-C, appoints an agent to make your medical decisions if you cannot speak for yourself. A power of attorney under GOL §5-1513 covers financial decisions only. The two are separate documents naming separate authority — and a complete plan includes both, so that one trusted person (or two) can handle your health and your finances without going to court. Read more on our Health Care Proxy page.
8. How much can I leave before New York estate tax applies in 2026?
For deaths on or after January 1, 2026 through December 31, 2026, the New York basic exclusion amount is $7,350,000. Estates below that figure generally owe no New York estate tax. The rate is progressive, ranging from 3% to 16%. Note that New York has no separate gift tax — but gifts made within three years of death are added back to your taxable estate. Our NY Estate Tax Guide explains the calculation in depth.
9. What is the New York estate-tax “cliff,” and why does it matter so much?
New York’s exemption is not a simple deduction — it is a cliff. If your taxable estate exceeds 105% of the exclusion, the exemption disappears entirely and your whole estate is taxed from the first dollar.
| 2026 figure | Amount |
|---|---|
| Basic exclusion amount | $7,350,000 |
| Cliff threshold (105%) | $7,717,500 |
| Result above the cliff | Entire estate taxed — no exemption |
The “cliff zone” between $7,350,000 and $7,717,500 is dangerous: a relatively small overage can cost hundreds of thousands of dollars. Planning techniques — such as lifetime gifting (mindful of the three-year add-back) or charitable bequests — can keep an estate under the cliff. This is precisely the kind of situation where coordinated planning pays for itself.
10. When should I start, and how do I begin?
The best time is now — Medicaid’s five-year look-back and the three-year gift add-back both reward early planning, and an incapacity can strike at any age. Begin by taking stock of your assets, your family situation, and your goals, then sit down with an attorney to build a plan that fits New York law. Attorney Russel Morgan, Esq. and Morgan Legal Group serve clients statewide. Schedule your consultation here.
Sources & further reading: New York Senate / EPTL statutes, the New York State Department of Taxation and Finance, and the New York State Department of Health.
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Further reading from Morgan Legal Group: .