If you’ve never made a will, signed a power of attorney, or thought about what happens to your money when you die, you’re not alone — and you’re in exactly the right place. This site exists to make New York estate planning understandable for everyone, from young families in Queens to retirees on Long Island to business owners in the Hudson Valley.
Morgan Legal Group, led by attorney Russel Morgan, Esq., serves clients across New York State and built this resource on one conviction: you should understand your plan before you sign it.
What Is Estate Planning? (The Short Answer)
Estate planning is the process of deciding — in advance, in writing, and in legally valid documents — what happens to your assets, your healthcare, and your family if you become incapacitated or die.
A complete New York estate plan is not one document. It is four coordinated pieces working together:
| Document | What It Controls | Governing Law |
|---|---|---|
| Will | Who inherits your assets after probate | EPTL §3-2.1 |
| Trust(s) | Assets transferred outside probate, or held for protection | EPTL Article 7 |
| Durable Power of Attorney | Financial & legal decisions if you are incapacitated | GOL §5-1513 |
| Health Care Proxy | Medical decisions if you cannot speak for yourself | NY Public Health Law Art. 29-C |
Each document fills a gap the others cannot. A will does nothing while you are alive. A health care proxy covers medical choices only — your bank account is a separate matter governed by your power of attorney. That coordination is what separates a real plan from a stack of unrelated forms.
Why “Without a Plan” Is Still a Plan — Just Not Yours
If you die without a will in New York, the state distributes your estate for you under intestacy rules set out in EPTL Article 4. Those rules follow a fixed formula. They do not know that you wanted your niece to have the house, or that you are estranged from a sibling. Dying without a will means the state decides — not you.
The same logic applies to incapacity. Without a health care proxy, family members may disagree about your treatment, and a court may need to appoint a guardian. Without a durable power of attorney (which is durable by default under GOL §5-1513), no one has authority to pay your mortgage or manage your investments while you recover.
One Number Worth Knowing: $7,350,000
New York imposes its own estate tax — separate from federal — with a 2026 basic exclusion of $7,350,000. Estates modestly above that amount face a brutal “cliff”: once a taxable estate crosses 105% of the exclusion ($7,717,500), the entire exemption is lost and the tax applies from dollar one, at rates from 3% to 16%. New York also has no gift tax, but gifts made within three years of death are added back into the taxable estate. If your estate is anywhere near that range, see our NY estate tax guide — planning now is far less expensive than the cliff.
Ready to Go Beyond the Basics?
This site walks you through every component. Explore the estate planning overview, dive into wills, trusts, or read our New York statewide guide if you want the full picture first.
When you’re ready to build your plan with an attorney who knows New York law, schedule a consultation with Russel Morgan, Esq. — no jargon, no pressure, just clarity.
Further reading from Morgan Legal Group: estate planning in New York.