New Yorkers contact Morgan Legal Group with the same core concerns, session after session: Do I really need a will if I have a bank account? Will my family lose half the estate to taxes? Who makes medical decisions for me if I cannot? Attorney Russel Morgan, Esq. built this practice around answering those questions honestly — and then building a plan that reflects the answers.
We serve clients statewide: New York City, Long Island, Westchester County, the Hudson Valley, and communities across Upstate New York. No matter which courthouse or county clerk’s office governs your estate, the underlying New York law is the same, and so is our approach.
What New Yorkers Ask Us Most — and What the Law Actually Says
“Isn’t a will enough?”
A will (EPTL §3-2.1) must be signed at the end by the testator in the presence of two attesting witnesses who understand they are witnessing a will. That formality matters — but a will alone is rarely a complete plan. Without coordination across every document, gaps appear the moment they are most costly.
A comprehensive New York estate plan coordinates four instruments:
| Document | Governing Law | Core Function |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs assets; names guardian for minors |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoids probate; protects assets; Medicaid planning |
| Durable Power of Attorney | GOL §5-1513 | Authorizes a financial agent while you are living |
| Health Care Proxy | NY Public Health Law Art. 29-C | Appoints an agent for medical decisions only |
The power of attorney and health care proxy answer two distinct questions about incapacity. They are not interchangeable.
“What about the New York estate tax? I’ve heard it’s brutal.”
It can be. For deaths occurring in 2026, New York’s basic exclusion is $7,350,000. Estates modestly above that threshold face a cliff provision: once the gross estate exceeds $7,717,500 (105% of the exclusion), the entire exemption is lost and the estate is taxed from the first dollar at rates from 3% to 16%.
New York also has no gift tax — but gifts made within three years of death are added back into the taxable estate when calculating the cliff. The details are at tax.ny.gov. Our NY estate tax guide walks through planning strategies in full.
“Can a trust really help with Medicaid?”
An irrevocable trust (EPTL Article 7) can remove assets from your countable estate for Medicaid purposes — but New York’s five-year look-back period means early planning is essential. A revocable living trust, by contrast, avoids probate and streamlines administration but does not reduce estate taxes or affect Medicaid eligibility. The right tool depends on your goals. A special needs trust (EPTL §7-1.12) can preserve public benefits for a disabled beneficiary.
Start With a Conversation
Every estate plan begins with your questions. Schedule a 30-minute consultation with Russel Morgan, Esq. and bring the questions that have been on your mind. We serve clients across New York State and are ready to help.
Explore our practice: Estate Planning Overview · Wills · Trusts · Power of Attorney · Health Care Proxy · NY Statewide Guide
Further reading from Morgan Legal Group: estate planning in New York.