Estate planning is not a checklist. It is a coordinated legal framework built to honor your intentions, protect the people who depend on you, and survive scrutiny under New York law — today and decades from now. At Morgan Legal Group, attorney Russel Morgan, Esq. applies the same duty of care to every plan that the law demands of a fiduciary: get it right, in writing, the first time.
We serve clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York. Wherever you are in the state, the statutes are the same and the stakes are identical.
What “Professional-Grade” Actually Means
Many New Yorkers hold a single document and call it an estate plan. A professionally constructed plan integrates four coordinated instruments — each governed by a distinct body of law:
| Instrument | Governing Law | Core Function |
|---|---|---|
| Last Will & Testament | EPTL §3-2.1 | Direct assets, name executor, appoint guardian |
| Revocable or Irrevocable Trust | EPTL Article 7 | Avoid probate, protect assets, qualify for Medicaid |
| Durable Power of Attorney | GOL §5-1513 | Authorize financial decisions if you are incapacitated |
| Health Care Proxy | NY Public Health Law Art. 29-C | Appoint an agent for medical decisions — separate from financial POA |
A gap in any one of these can unravel the others. Dying without a valid will subjects your estate to intestacy under EPTL Article 4, meaning New York — not you — decides who inherits.
Why Precision Matters: The NY Estate Tax Cliff
New York’s 2026 basic exclusion is $7,350,000. That sounds like a safe buffer — until you understand the cliff. An estate valued at more than 105% of the exclusion ($7,717,500) loses the entire exemption and is taxed from dollar one at progressive rates of 3%–16%. A $50,000 overage can trigger a six-figure tax bill.
New York imposes no gift tax, but gifts made within three years of death are added back to the taxable estate. Proper trust structure under EPTL Article 7 — combined with disciplined gifting strategy reviewed annually — is the standard professional response. Read our NY estate tax guide for a full breakdown of current thresholds and planning strategies.
Our Scope of Practice
Russel Morgan, Esq. drafts, reviews, and coordinates:
- Wills that satisfy every requirement of EPTL §3-2.1 — testator signature at the end, two attesting witnesses, proper publication
- Trusts — revocable (probate avoidance), irrevocable (tax and Medicaid planning under the 5-year look-back rule), and Special Needs Trusts under EPTL §7-1.12 that preserve public benefits
- Powers of Attorney using the 2021 statutory short form under GOL §5-1513, durable by default
- Health Care Proxies compliant with NY Public Health Law Article 29-C
See our estate planning overview for how these documents work together, or visit our statewide guide if you are outside the five boroughs.
Schedule a Professional Review
Whether you are starting from nothing or updating a plan that no longer reflects your life, the right time to act is before a crisis forces the issue.
Book a consultation with Russel Morgan, Esq.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .