If you have never worked with an estate planning attorney before, starting can feel overwhelming. This page explains what to expect, why a coordinated plan matters, and how to get on the calendar.
What a Complete New York Estate Plan Covers
A sound NY estate plan is not a single document — it is four coordinated pieces that work together:
| Document | Governing Law | Core Purpose |
|---|---|---|
| Will | EPTL §3-2.1 | Names beneficiaries, executor, and guardian; requires two witnesses |
| Trust(s) | EPTL Article 7 | Avoids probate; irrevocable forms reduce estate tax and protect Medicaid eligibility (5-year look-back) |
| Power of Attorney | GOL §5-1513 (2021 statutory form, durable by default) | Authorizes someone to manage your finances if you become incapacitated |
| Health Care Proxy | NY Public Health Law Article 29-C | Names an agent for medical decisions — legally distinct from the financial POA |
Dying without a will means New York’s intestacy rules under EPTL Article 4 decide who inherits — not you.
Why 2026 Is the Right Year to Plan
New York’s estate tax basic exclusion is $7,350,000 for 2026. Estates exceeding 105% of that threshold ($7,717,500) lose the entire exemption and are taxed from dollar one at rates up to 16%. New York imposes no gift tax, but gifts made within three years of death are added back to the taxable estate. Proper trust structuring — reviewed by a New York attorney — can help families on either side of that cliff. See our NY estate tax guide and our statewide service overview for more detail.
How to Get Started
Morgan Legal Group, led by Russel Morgan, Esq., serves clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.
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We also offer a full estate planning overview if you would like to read more before booking.
Further reading from Morgan Legal Group: why estate planning is so important.