Most people don’t put off estate planning because they don’t care. They put it off because they have questions and no one to ask. What happens to my home if I die without a will? Will my family lose everything to taxes? Do I really need a trust, or is that just for the wealthy? At Morgan Legal Group, led by Russel Morgan, Esq., we hear these questions every day from clients across New York — in New York City, on Long Island, in Westchester, throughout the Hudson Valley, and Upstate.
This page is built differently from a typical law-firm homepage. Instead of listing services, it answers the questions New Yorkers actually ask, with accurate references to New York law. By the end, you’ll understand what a complete estate plan looks like and why each piece matters. When you’re ready for personalized guidance, you can schedule a consultation.
“What does a complete New York estate plan actually include?”
A real estate plan is not a single document — it’s a coordinated set of four. Skip one and the whole structure can fail at the worst possible moment.
| Document | What it does | Governing NY law |
|---|---|---|
| Last Will and Testament | Directs who inherits your property and names a guardian for minor children | EPTL §3-2.1 |
| Trust (revocable or irrevocable) | Avoids probate, protects assets, or reduces estate tax | EPTL Article 7 |
| Durable Power of Attorney | Lets a trusted agent manage your finances if you can’t | GOL §5-1513 |
| Health Care Proxy | Appoints someone to make medical decisions for you | Public Health Law Article 29-C |
These four work together. Your will handles what happens after death; your power of attorney and health care proxy handle what happens if you’re alive but incapacitated; and trusts can do both — controlling assets during life and after. Learn more on our estate planning overview.
“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 state’s formula may not match your wishes at all. A surviving spouse does not automatically receive everything; children, and in some cases more distant relatives, take a share by statute. Unmarried partners and stepchildren you never legally adopted receive nothing under intestacy.
A valid New York will under EPTL §3-2.1 requires that you sign at the end of the document, in the presence of two attesting witnesses, and that you publish the document — meaning you declare to the witnesses that it is your will. Small mistakes here can invalidate the entire document. Our wills page explains the signing requirements in detail.
“Do I need a trust, or is a will enough?”
This is the question we hear most. The honest answer: it depends on your goals.
A revocable living trust (EPTL Article 7) lets your estate avoid probate — the court process of proving your will — so your heirs can receive assets faster and more privately. Important caveat: a revocable trust does not save estate tax, because you still control the assets.
An irrevocable trust is the tool when your goals are tax reduction, asset protection, or Medicaid eligibility. Because you give up control, the assets can be removed from your taxable estate. For Medicaid in particular, New York applies a five-year look-back — transfers into an irrevocable trust must generally be made well before you need long-term care.
A Supplemental Needs Trust (EPTL 7-1.12) lets you provide for a loved one with disabilities without disqualifying them from government benefits. Explore your options on our trusts page.
“Who controls my money and medical care if I’m incapacitated?”
Two separate documents answer this, and people often confuse them.
The durable Power of Attorney under GOL §5-1513 appoints an agent to handle your financial affairs — paying bills, managing accounts, dealing with property. New York uses a 2021 statutory short form, and “durable” means it stays in effect even after you lose capacity. Without one, your family may have to petition a court to manage your finances. See our power of attorney guide.
The Health Care Proxy under Public Health Law Article 29-C appoints a different agent to make medical decisions if you can’t speak for yourself. It is entirely separate from the financial POA. Read more on our health care proxy page.
“Will my family owe New York estate tax?”
This is where New York surprises people — and where good planning pays for itself.
For deaths in 2026 (on or after January 1, 2026 through December 31, 2026), the New York basic exclusion amount is $7,350,000. Estates below that owe no New York estate tax.
The danger is the “cliff.” If your estate exceeds 105% of the exclusion — $7,717,500 in 2026 — you lose the ENTIRE exemption and are taxed from the very first dollar, at progressive rates of 3% to 16%. An estate just over the cliff can owe hundreds of thousands of dollars that careful planning could have avoided.
Two more facts every New Yorker should know:
- New York has no gift tax — you can give assets away during life without a state gift tax.
- However, gifts made within 3 years of death are added back to your taxable estate, so deathbed gifting doesn’t escape the cliff.
Our NY estate tax guide walks through cliff-planning strategies in plain English.
Quick facts to remember
- A will alone does not avoid probate — only a properly funded trust does.
- A revocable trust saves no taxes; an irrevocable trust can.
- The estate-tax cliff is unforgiving — being $1 over can cost the entire exemption.
- Medicaid’s 5-year look-back means planning early, not in a crisis.
- Your financial POA and medical proxy are two different documents — you need both.
Frequently Asked Questions
Q: How often should I update my New York estate plan?
A: Review it every three to five years, and immediately after major life events — marriage, divorce, a new child or grandchild, a death in the family, a significant change in assets, or a move into or out of New York. Tax thresholds also change yearly, so a plan that was tax-efficient years ago may need adjusting against the 2026 numbers.
Q: Can I write my own will using an online form?
A: You can, but New York’s execution rules under EPTL §3-2.1 are strict — signing at the end, two witnesses, and publication. Online forms frequently fail these requirements or ignore the estate-tax cliff and Medicaid look-back, leaving families with avoidable court battles and tax bills.
Q: I’m not wealthy. Do I still need an estate plan?
A: Yes. Even modest estates benefit from avoiding probate delays, naming guardians for children, and ensuring someone you trust can act for you if you’re incapacitated. Intestacy under EPTL Article 4 — not your wishes — controls when there’s no plan.
Q: Does a revocable living trust protect my assets from Medicaid spend-down?
A: No. Because you keep control of a revocable trust, those assets still count for Medicaid. Asset protection for long-term care requires an irrevocable trust, established before the five-year look-back period.
Q: Do you serve clients outside New York City?
A: Yes. Morgan Legal Group serves clients statewide — Long Island, Westchester, the Hudson Valley, and Upstate. See our statewide guide for details.
Ready to get your questions answered?
You don’t have to navigate New York’s estate-tax cliff, probate rules, and Medicaid timelines alone. Russel Morgan, Esq. and the team at Morgan Legal Group build coordinated plans tailored to your family and your goals. Schedule your consultation today.
This page is for general information about New York law and is not legal advice. For guidance on your situation, consult a qualified New York estate planning attorney. Authoritative sources: NY Senate (EPTL & GOL), NY Department of Taxation and Finance, and the NY Department of Health.
Further reading from Morgan Legal Group: how trusts fit an estate plan.