Starting an estate plan can feel overwhelming — especially when you are not sure where to begin or what the law actually requires. Estate Planning Essentials exists for exactly that reason: to give every New Yorker, whether you live in Manhattan, Long Island, Westchester, the Hudson Valley, or anywhere upstate, a clear and honest starting point.
Attorney Russel Morgan, Esq., and the team at Morgan Legal Group guide individuals and families through the four cornerstones of a sound New York estate plan — explaining each document in plain language before a single signature is collected.
Why “Essentials” Matters
Most people who delay estate planning do so because the process feels complicated. The good news: New York law is precise, and once you understand what each document does, the path forward becomes straightforward. Our job is to translate the legal framework into terms that make sense on a first read.
We serve clients across the entire state — no single courthouse or county defines our practice. Every plan, however, is built on the same four New York-law building blocks.
The Four Building Blocks of Every NY Estate Plan
| Document | What It Does | Governing Law |
|---|---|---|
| Will | Directs how your property passes at death; names an executor and guardians for minor children | EPTL §3-2.1 |
| Trust | Holds assets outside of probate; used for privacy, tax planning, asset protection, or Medicaid planning | EPTL Article 7 |
| Durable Power of Attorney | Appoints someone to handle your finances if you cannot; durable by default under the 2021 statutory short form | GOL §5-1513 |
| Health Care Proxy | Appoints an agent for medical decisions only — a separate document from the financial POA | NY Public Health Law Art. 29-C |
These four documents, coordinated together, form a comprehensive NY estate plan. Missing even one can leave a gap that forces your family into court or leaves a critical decision to a stranger.
A Note on What Happens Without a Plan
Dying without a valid will in New York means the state’s intestacy rules — found in EPTL Article 4 — decide who inherits. Those rules do not know your wishes, your relationships, or your circumstances. A simple, properly witnessed will (two attesting witnesses; testator signs at the end, per EPTL §3-2.1) changes that entirely.
New York Estate Tax: One Number to Know in 2026
New York imposes its own estate tax, separate from the federal system. For deaths in 2026, the basic exclusion is $7,350,000. Estates that exceed $7,717,500 — the “cliff” at 105% of the exclusion — lose the exemption entirely and are taxed from dollar one at rates up to 16%.
New York has no gift tax, but gifts made within three years of death are added back to the taxable estate. If your estate may approach this range, early trust planning and coordinated gifting strategy matter. See our NY estate tax guide for a full breakdown.
Ready to Take the First Step?
Whether you need a straightforward will, a revocable living trust to avoid probate, a power of attorney, or a health care proxy, the place to start is a conversation.
Schedule a free 30-minute consultation with Russel Morgan, Esq.
No jargon. No pressure. Just a clear look at where you stand and what your essentials should be.
Further reading from Morgan Legal Group: estate planning in New York.