Most people don’t put off estate planning because they don’t care — they put it off because they don’t know where to start. This page is built to fix exactly that. Instead of an abstract overview, it walks you through the concrete next steps to take, in order, to protect your family across New York State — from Manhattan, Brooklyn, and Queens to Long Island, Westchester, the Hudson Valley, and Upstate.
At Morgan Legal Group, attorney Russel Morgan, Esq., and our team build coordinated plans that hold up under New York law. Below is the practical roadmap we use with clients statewide.
Start Here: The 4 Documents Every NY Plan Needs
A comprehensive New York estate plan isn’t one document — it’s four, drafted to work together. Skip one and you leave a gap that a court, hospital, or the tax department will eventually fill for you.
| Document | What it does | Governing NY law |
|---|---|---|
| Last Will & Testament | Directs who inherits; names guardians and an executor | EPTL §3-2.1 |
| Trust (revocable or irrevocable) | Avoids probate; protects assets; Medicaid & tax planning | EPTL Article 7 |
| Durable Power of Attorney | Lets a trusted agent handle finances if you can’t | GOL §5-1513 |
| Health Care Proxy | Names an agent for medical decisions | Public Health Law Article 29-C |
If you have all four and they were coordinated by counsel, you’re ahead of most New Yorkers. If you’re missing any, the checklist below tells you what to do next. Start with our estate planning overview to see how the pieces fit.
The Step-by-Step Checklist
Step 1 — Take inventory of what you own and who you love
List your assets (home, accounts, retirement plans, business interests, life insurance) and the people who depend on you. This single list drives every decision that follows — who inherits, who decides, and whether tax planning is needed.
Step 2 — Write or update your Will
Under EPTL §3-2.1, a valid New York will must be signed by you at the end of the document, in the presence of two attesting witnesses, with publication (you declaring it to be your will). Get this wrong and the will can fail. If you die without one, intestacy under EPTL Article 4 decides who inherits — often not the way you would have chosen. Begin at our wills page.
Step 3 — Decide whether you need a trust
- A revocable living trust (EPTL Article 7) keeps assets out of probate, but offers no estate-tax savings.
- An irrevocable trust is the tool for tax reduction, asset protection, and Medicaid planning — note the 5-year look-back for Medicaid eligibility.
- A Supplemental Needs Trust (EPTL §7-1.12) lets a disabled beneficiary inherit without losing government benefits.
Not sure which applies? Our trusts page breaks down each option.
Step 4 — Sign a Durable Power of Attorney
Under GOL §5-1513, New York’s power of attorney is durable by default — it survives your incapacity. Use the 2021 statutory short form so banks and institutions honor it without a fight. Details on our power of attorney page.
Step 5 — Sign a Health Care Proxy
A Health Care Proxy under Public Health Law Article 29-C appoints an agent to make medical decisions if you can’t speak for yourself. It is separate from your financial POA — you need both. See our health care proxy page.
Step 6 — Run the estate-tax math (this is where New York surprises people)
New York taxes estates above a threshold, and the rule has a trap most plans miss. Don’t skip this step — see Step’s detail below and our NY estate tax guide.
Step 7 — Fund, store, and review
A trust that isn’t funded does nothing. Retitle assets into the trust, keep originals safe, tell your agents where everything is, and review every 3–5 years or after any major life change.
The New York Estate Tax Cliff: Don’t Get Caught
For deaths on or after January 1, 2026 through December 31, 2026, New York’s basic exclusion amount is $7,350,000. Here’s the trap: New York has a “cliff” at 105% of the exclusion — $7,717,500.
- An estate at or below $7,350,000 owes no New York estate tax.
- An estate over $7,717,500 loses the entire exemption and is taxed from the first dollar — at progressive rates of 3% to 16%.
A few thousand dollars over the cliff can cost hundreds of thousands in tax. New York has no gift tax, but gifts made within 3 years of death are added back into the taxable estate. Lifetime planning — done early — is how you stay under the cliff. We map this for you in the NY estate tax guide.
Why “Statewide” Matters
Probate and surrogate’s procedures vary by county, but New York’s estate-planning statutes apply uniformly across the State. Whether your family is in the Bronx, Nassau, Suffolk, Rockland, Dutchess, Albany, or Erie County, the same EPTL, GOL, and Public Health Law rules govern your documents. Morgan Legal Group serves clients across all of New York — see our statewide guide.
Frequently Asked Questions
Q: What’s the very first thing I should do?
A: Complete Step 1 — inventory your assets and the people who depend on you. Every other decision flows from that list. Then book a consultation to translate it into documents.
Q: I already have a will. Is that enough?
A: Usually not. A will alone still goes through probate, gives no one authority while you’re alive, and addresses none of your medical or tax needs. You also need a POA, a health care proxy, and likely a trust.
Q: Will a revocable living trust save my family estate taxes?
A: No. A revocable trust avoids probate but provides no estate-tax savings. Tax reduction comes from irrevocable trusts and lifetime gifting strategies — ideally started years before they’re needed.
Q: My estate is around $7.5 million. Should I be worried?
A: Yes — you may be in the cliff zone between $7,350,000 and $7,717,500. Above $7,717,500 you lose the entire exemption. This is exactly the situation where early planning pays for itself many times over.
Q: How often should I update my plan?
A: Every 3–5 years, and immediately after a marriage, divorce, birth, death, major asset change, or a move into or out of New York.
Ready for Step 1? Let’s Build Your Checklist Together
You don’t have to figure out the order alone. Russel Morgan, Esq., and the Morgan Legal Group team will walk you through each step, draft documents that satisfy New York law, and keep you on the right side of the 2026 estate-tax cliff.
Schedule your 30-minute consultation →
This page is general information about New York law, not legal advice. For guidance on your situation, speak with a licensed New York attorney.
Further reading from Morgan Legal Group: how trusts fit an estate plan.