Most people don’t have an estate-planning problem — they have an estate-planning gap. They signed a will a decade ago but never funded a trust. They named a health care agent but never executed a financial power of attorney. They moved assets but never updated beneficiaries. Each piece exists in isolation, and the gaps between them are exactly where families get hurt.
At Morgan Legal Group, attorney Russel Morgan, Esq. built this practice around a simple idea: a New York estate plan should be total. Not a single document, but a coordinated system — a will, the right trust(s), a durable power of attorney, and a health care proxy — all drafted to work together, reviewed as one plan, and kept current as your life changes. We serve clients across all of New York State: New York City, Long Island, Westchester, the Hudson Valley, and Upstate.
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What “Total” Estate Planning Actually Means in New York
A comprehensive New York estate plan is not one document — it is four instruments, each governed by its own law, working as a unit. Here is how the pieces fit, and what each one does:
| Instrument | Governing NY Law | What It Covers | What Happens Without It |
|---|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Directs who inherits; names your executor and guardians for minor children | Intestacy under EPTL Article 4 decides for you |
| Revocable Living Trust | EPTL Article 7 | Avoids probate; private, seamless transfer at death | Assets pass through court-supervised probate |
| Irrevocable Trust | EPTL Article 7 | Tax reduction, asset protection, Medicaid planning (5-year look-back) | No protection from estate tax, creditors, or nursing-home costs |
| Durable Power of Attorney | GOL §5-1513 | A trusted agent manages your finances if you can’t | Family must seek a court guardianship |
| Health Care Proxy | Public Health Law Art. 29-C | An agent makes your medical decisions | No clear voice for your care; family conflict |
Notice that the financial power of attorney and the health care proxy are two separate documents — one for money, one for medicine. A total plan includes both, plus a supplemental needs trust under EPTL 7-1.12 when a beneficiary relies on government benefits.
See our full estate-planning overview and our New York statewide guide for how these pieces are tailored to where you live.
The Foundation: A Properly Executed New York Will
Under EPTL §3-2.1, a valid New York will requires real formalities: the testator must sign at the end of the document, the signing must be witnessed by two attesting witnesses, and the testator must declare (“publish”) to those witnesses that the document is their will. Miss a step and the entire instrument can fail.
Die without a will, and EPTL Article 4 controls — New York’s intestacy statute distributes your property by a fixed formula that may bear no resemblance to your wishes. A surviving spouse and children, for example, split the estate in proportions the legislature chose, not you. A properly drafted will is the spine of the plan; everything else attaches to it.
Trusts: Avoiding Probate vs. Reducing Tax
Trusts (EPTL Article 7) are where a total plan earns its keep — but only if you use the right one:
- A revocable living trust avoids probate and keeps your affairs private. Important caveat: it provides no estate-tax savings — the assets remain fully yours and fully taxable.
- An irrevocable trust is the tool for tax reduction, asset protection, and Medicaid planning. Because you give up control, the assets can move outside your taxable estate — but transfers are subject to Medicaid’s 5-year look-back, so timing is everything.
- A supplemental needs trust (EPTL 7-1.12) lets a disabled loved one inherit without losing means-tested public benefits.
Learn more on our trusts page.
Powers of Attorney and the Health Care Proxy: Protecting You While You’re Alive
Estate planning isn’t only about death — it’s about incapacity. Under GOL §5-1513, a New York power of attorney is durable by default, meaning it survives your incapacity, and the 2021 statutory short form modernized the rules and the agent’s gifting authority. This is the document that lets a trusted person pay your bills and manage your assets if you cannot. See our power of attorney page.
Separately, a health care proxy under Public Health Law Article 29-C appoints an agent to make medical decisions on your behalf — a different person, a different power, a different document. Our health care proxy page explains how to choose and instruct your agent.
New York Estate Tax in 2026: Mind the Cliff
For New Yorkers with larger estates, the 2026 numbers matter enormously:
- Basic exclusion: $7,350,000 for deaths on or after January 1, 2026 through December 31, 2026.
- The cliff: at 105% of the exclusion — $7,717,500 — you lose the entire exemption. An estate just over the cliff is taxed from the first dollar, not just on the excess.
- Rates: progressive, 3% to 16%.
- No gift tax in New York — but gifts made within 3 years of death are added back to the taxable estate.
The cliff is brutal and unforgiving: a few thousand dollars over the line can cost hundreds of thousands in tax. This is precisely why a total plan coordinates lifetime gifting, irrevocable trusts, and timing — see our New York estate tax guide. For the official figures, consult tax.ny.gov and the statutes at nysenate.gov.
Why an All-in-One Plan Beats a Stack of Documents
When a will, trust, POA, and proxy are drafted separately — or by different people, or years apart — they contradict each other. Beneficiary designations override the will. The trust never gets funded. The POA’s gifting power conflicts with the tax strategy. A total plan is built as a single, internally consistent system, then reviewed periodically so it stays that way.
Book your 30-minute consultation with Russel Morgan, Esq. →
Frequently Asked Questions
Do I need a trust if I already have a will?
Often, yes. A will alone sends your assets through probate and offers no incapacity protection. Under EPTL Article 7, a revocable trust avoids probate, while an irrevocable trust can reduce estate tax and protect assets — goals a will simply cannot accomplish.
Is my power of attorney still valid if I become incapacitated?
Yes. Under GOL §5-1513, a New York power of attorney is durable by default, so it remains effective if you lose capacity. The 2021 statutory short form is the current standard; older forms should be reviewed and updated.
My estate is around $7 million — am I safe from New York estate tax?
Be careful. The 2026 basic exclusion is $7,350,000, but the cliff at $7,717,500 means an estate over that line loses the entire exemption and is taxed from the first dollar. Planning matters most when you’re near the threshold.
Does gifting assets before death reduce my New York estate tax?
It can, because New York has no gift tax — but gifts made within 3 years of death are added back to the taxable estate. Lifetime gifting works only when it’s done early enough and coordinated with the rest of your plan.
Do you serve clients outside New York City?
Yes. We plan estates for clients statewide — Long Island, Westchester, the Hudson Valley, and Upstate New York — applying the same NY statutes everywhere in the state. See our statewide guide.
Morgan Legal Group · Attorney Russel Morgan, Esq. · Comprehensive estate planning across New York State. Schedule a consultation.
Further reading from Morgan Legal Group: how trusts fit an estate plan.