Most people intend to get their estate plan done — eventually. But in New York, delay has real legal and financial consequences. Morgan Legal Group was built on a single conviction: the right time to plan is now, before a medical crisis, a death in the family, or a change in tax law forces a rushed decision or no decision at all.
Attorney Russel Morgan, Esq. leads a practice that serves families, business owners, and individuals across the entire state — New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York. Wherever you live in New York, the same statutes govern your estate, and the same urgency applies.
What a Complete New York Estate Plan Looks Like
A comprehensive plan is not a single document — it is four coordinated instruments working together:
| Document | Governing Law | What It Does |
|---|---|---|
| Will | EPTL §3-2.1 | Directs asset distribution; requires two attesting witnesses and testator signature at the end |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoids probate (revocable); reduces taxes or protects assets for Medicaid (irrevocable, 5-year look-back) |
| Durable Power of Attorney | GOL §5-1513 | Authorizes a trusted agent to handle financial matters; durable by default under the 2021 statutory form |
| Health Care Proxy | NY Public Health Law Art. 29-C | Appoints an agent for medical decisions — a separate, distinct document from the financial POA |
Leaving any one of these out creates a gap. A will without a trust may send your estate through probate. A trust without a health care proxy leaves doctors without legal direction if you cannot speak for yourself. We build these instruments as a single, coordinated strategy — not a checklist of isolated forms.
Explore each document in depth: wills, trusts, power of attorney, healthcare proxy.
The 2026 New York Estate Tax: A Cliff You Cannot Ignore
New York imposes its own estate tax entirely separate from federal law — and its “cliff” penalty is one of the most unforgiving provisions in the country.
- 2026 basic exclusion: $7,350,000 (for deaths January 1 through December 31, 2026)
- The cliff at 105%: any estate exceeding $7,717,500 loses the entire exemption and is taxed from dollar one at rates of 3% to 16%
- Gifts within 3 years of death are added back to the taxable estate — meaning last-minute gifting does not remove assets from the calculation
- New York has no gift tax, making lifetime giving a legitimate planning tool when structured early
Waiting until your estate approaches the threshold before planning is waiting too long. Irrevocable trusts, strategic gifting, and coordinated asset titling all require years of lead time to be effective. See our full breakdown in the NY Estate Tax Guide.
Serving All of New York — Without Delay
Whether your family is in Manhattan, Suffolk County, Yonkers, the Catskills, or Rochester, New York’s estate laws apply uniformly statewide. Morgan Legal Group serves clients across every region. Learn how the rules apply to your county in our statewide guide, or begin with an estate planning overview.
The cost of a plan today is a fraction of the legal fees, family conflict, and tax exposure that an unplanned estate creates. There is no better moment than the one in front of you.
Schedule a 30-minute consultation with Russel Morgan, Esq.
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