New York law will not wait for you. If you die without a will, intestacy under EPTL Article 4 decides who inherits — not you. If you become incapacitated without a durable Power of Attorney (GOL §5-1513) or a Health Care Proxy (NY Public Health Law Article 29-C), the people you trust cannot act on your behalf without a court order.
The Cost of Delay Is Not Abstract
A complete New York estate plan coordinates four instruments:
| Document | What It Controls | Key Law |
|---|---|---|
| Will | Who inherits; guardian for minor children | EPTL §3-2.1 |
| Trust(s) | Probate avoidance; tax reduction; Medicaid (5-yr look-back) | EPTL Article 7 |
| Power of Attorney | Financial decisions if incapacitated | GOL §5-1513 |
| Health Care Proxy | Medical decisions; end-of-life choices | NY Pub. Health L. Art. 29-C |
The 2026 Estate-Tax Cliff Cannot Be Ignored
New York’s 2026 estate-tax exclusion is $7,350,000. An estate exceeding the 105% cliff ($7,717,500) loses the entire exemption and is taxed from dollar one at rates up to 16%. Gifts made within three years of death are added back. An irrevocable trust — structured now — is often the only tool that moves assets outside your taxable estate before that window closes. More in our NY statewide planning guide.
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Morgan Legal Group serves clients across New York State — NYC boroughs, Long Island, Westchester, the Hudson Valley, and Upstate communities. Attorney Russel Morgan, Esq. will review your situation and outline a coordinated plan built for 2026 law.
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The plan you put off today may cost your family far more tomorrow.
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Further reading from Morgan Legal Group: .