Estate Planning — New York State

What Documents Belong in a Complete New York Estate Plan?

Thu, 18 Jun 2026 23:31:52 +0000

A complete New York estate plan is built on four coordinated, professionally drafted instruments: a Last Will and Testament, one or more trusts, a durable power of attorney, and a health care proxy. Together these documents decide who inherits your property, who manages your finances if you cannot, and who makes your medical decisions when […]

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New York Estate Tax 2026: The $7.35M Exemption and the Cliff

Thu, 18 Jun 2026 23:31:52 +0000

For deaths occurring on or after January 1, 2026 through December 31, 2026, New York’s basic exclusion amount is $7,350,000. An estate valued at or below that figure owes no New York estate tax. The catastrophe — and the reason this article exists — is the New York estate tax “cliff.” Once a taxable estate […]

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Medicaid Planning and Your New York Estate (5-Year Look-Back)

Thu, 18 Jun 2026 23:31:51 +0000

Medicaid planning is the disciplined, advance structuring of your assets so that long-term care — a nursing home, an assisted-living facility, or in-home aides — does not consume your life savings before government benefits step in. In New York, the single most important rule to understand is the five-year look-back: when you apply for institutional […]

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Including Digital Assets in Your New York Estate Plan

Thu, 18 Jun 2026 23:31:51 +0000

To include digital assets in your New York estate plan, you must do three things in a coordinated, professional manner: take a complete inventory of every digital asset and account, grant your fiduciaries clear legal authority to access them, and integrate that authority into the four core instruments of a comprehensive New York plan — […]

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How to Avoid Probate in New York

Thu, 18 Jun 2026 23:31:51 +0000

To avoid probate in New York, you transfer assets out of your individual name during your lifetime — most reliably through a properly funded revocable living trust under EPTL Article 7 — and you layer in beneficiary designations, payable-on-death registrations, and coordinated titling so that assets pass by operation of law rather than through the […]

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Do I Need a Trust or Just a Will in New York?

Thu, 18 Jun 2026 23:31:51 +0000

For most New Yorkers, the honest answer is: you need a will, and you may also need a trust — but neither one alone is a complete plan. A will directs who receives your property and names the people responsible for carrying out your wishes, while a trust controls how and when assets pass and […]

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Estate Planning With a Non-Citizen Spouse in New York

Fri, 22 May 2026 15:52:00 +0000

How New York estate planning works when your spouse is a non-citizen, including QDOT trusts, the marital deduction gap, and when to call an immigration attorney.

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