A professionally executed estate plan is not a product — it is a coordinated legal framework with enforceable duties at every layer. At Morgan Legal Group, every consultation is structured around getting each document right, in the right order, with the right safeguards.
What a Complete New York Estate Plan Requires
New York law demands precision on the fundamentals. A fiduciary-grade plan addresses all four instruments together:
| Instrument | Governing Authority | Key Requirement |
|---|---|---|
| Will | EPTL §3-2.1 | Testator signs at the end; two attesting witnesses; publication — defects void the will |
| Revocable or Irrevocable Trust | EPTL Article 7 | Revocable trust avoids probate; irrevocable trust addresses Medicaid (5-year look-back), asset protection, and tax reduction |
| Durable Power of Attorney | GOL §5-1513 | 2021 statutory short form; durable by default — covers financial decisions |
| Health Care Proxy | NY Public Health Law Art. 29-C | Appoints an agent for medical decisions only — legally distinct from the financial POA |
Missing or mis-executed instruments expose your estate to intestacy under EPTL Article 4, forced probate, or a proxy your family cannot legally rely on.
The 2026 New York Estate Tax Risk
New York’s 2026 basic exclusion is $7,350,000. Estates exceeding the cliff at $7,717,500 lose the entire exemption — tax applies from dollar one at rates of 3%–16%. New York imposes no gift tax, but gifts made within three years of death are added back. Irrevocable trust structures must be planned with that three-year window in mind.
Why Professional Coordination Matters
An attorney who treats these four instruments in isolation — rather than as an integrated New York estate plan — creates gaps that surface at the worst possible moment. Russel Morgan, Esq. reviews each document against the others, confirms execution formalities, and ensures your fiduciaries have clear, lawful authority across every scenario.
We serve clients throughout New York State — NYC, Long Island, Westchester, the Hudson Valley, and Upstate.
Schedule a 30-minute consultation with Russel Morgan, Esq.
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