Starting an estate plan can feel overwhelming. EstatelawEssentials.com exists to remove that friction. We work with New Yorkers across the state — New York City, Long Island, Westchester, the Hudson Valley, and Upstate — guiding first-timers and families who simply want clear answers and a solid legal foundation.
Morgan Legal Group, led by Russel Morgan, Esq., has spent years translating dense New York statutes into plain language and practical documents that actually protect people.
The Four Essentials Every New Yorker Needs
A complete New York estate plan is not a single document — it is four coordinated instruments working together. Think of them as the legs of a table: remove one and everything becomes unstable.
| Document | What It Does | Governing Law |
|---|---|---|
| Will | Directs how your assets pass at death; names an executor and, if applicable, a guardian for minor children | EPTL §3-2.1 — two attesting witnesses required; testator signs at the end |
| Revocable Living Trust | Holds assets during your lifetime and transfers them at death outside of probate court | EPTL Article 7 — note: a revocable trust does not reduce NY estate taxes |
| Durable Power of Attorney | Authorizes someone to manage your finances and legal affairs if you cannot | GOL §5-1513 — 2021 statutory short form; durable by default |
| Health Care Proxy | Appoints an agent for medical decisions — separate from the financial POA | NY Public Health Law Article 29-C |
Dying without a will in New York means the state’s intestacy rules — EPTL Article 4 — decide who inherits, often in ways that do not reflect your actual wishes.
Why New York’s Estate Tax Makes Planning Urgent
New York imposes its own estate tax independent of the federal system, and the math is unforgiving in 2026.
- Basic exclusion: $7,350,000 (for deaths on or after January 1, 2026 through December 31, 2026)
- The cliff: If an estate exceeds 105% of the exclusion — $7,717,500 — the entire exclusion is lost and the estate is taxed from dollar one at rates from 3% to 16%
- Gifts within 3 years of death are added back to the taxable estate (New York has no gift tax, but that add-back rule bites hard)
- Strategic use of an irrevocable trust can remove assets from your taxable estate for Medicaid planning (subject to the five-year look-back) and asset protection
See our NY Estate Tax Guide for year-by-year thresholds and planning strategies. For Medicaid-specific structures, review our Trusts overview.
Statewide Service — One Firm, All of New York
Whether you are in Brooklyn, Buffalo, or Beacon, the same New York statutes apply. Our statewide guide explains how planning works across all regions, and our individual service pages — Wills, Trusts, Power of Attorney, Health Care Proxy, and Estate Planning Overview — walk you through each essential step.
Ready to Start?
A 30-minute conversation with Russel Morgan, Esq. is all it takes to understand where you stand and what you need.
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Have a question about your estate?
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Further reading from Morgan Legal Group: .