Estate Planning for Individuals in New York

Estate planning is often framed as something families do. But the single most important version of the plan is the one built around you — one person, one set of wishes, one clear set of instructions about who decides and who inherits when you no longer can. If you are unmarried, recently divorced, widowed, child-free, or simply the only person responsible for your own affairs, the State of New York already has a plan for you. It is called intestacy, and it almost never matches what you would have chosen.

At Morgan Legal Group, attorney Russel Morgan, Esq. builds individual-focused estate plans for clients across the entire state — New York City, Long Island, Westchester, the Hudson Valley, and Upstate. This page explains the four documents every New York individual should have, how they work together, and how the 2026 estate tax rules affect you. When you are ready, you can book a consultation.

Why an individual needs a plan more, not less

When a married person becomes incapacitated, a spouse is often the obvious decision-maker. When a single person becomes incapacitated without documents, no one has automatic legal authority — not a sibling, not a best friend, not a partner you never married. Someone has to petition a court to be appointed. The result is delay, cost, and a stranger potentially deciding your medical and financial life.

A coordinated estate plan removes that uncertainty. A complete New York plan is not one document — it is four documents that work as a system: a will, one or more trusts, a durable power of attorney, and a health care proxy.

Document	NY Authority	What it controls	Why an individual needs it
Last Will & Testament	EPTL §3-2.1	Who inherits; who serves as executor; guardians	Replaces intestacy (EPTL Article 4) with your choices
Revocable Living Trust	EPTL Article 7	Avoids probate; private transfer of assets	No spouse to streamline probate — a trust keeps it simple
Durable Power of Attorney	GOL §5-1513	Finances if you can’t act	A trusted agent acts without a court proceeding
Health Care Proxy	Public Health Law Art. 29-C	Medical decisions if you can’t speak	Names your medical agent — not a default relative

Your will: the foundation (EPTL §3-2.1)

A New York will must be executed with strict formality. Under EPTL §3-2.1, the testator signs at the end of the document, in the presence of two attesting witnesses, and declares (publishes) to those witnesses that the document is their will. Skipping any of these steps can invalidate the entire instrument.

If you die without a valid will, you die intestate, and EPTL Article 4 controls who inherits. For an individual, this can be devastating: assets may pass to distant relatives you barely know, while a long-term unmarried partner, a stepchild, a close friend, or a chosen charity receives nothing. Your will is what overrides that default. Learn more on our Wills page.

Trusts: privacy and protection (EPTL Article 7)

Trusts under EPTL Article 7 serve different goals, and choosing the right one is where individual planning matters most:

• A revocable living trust lets you avoid the probate court process entirely. Assets titled in the trust pass privately and immediately to your beneficiaries. Note: a revocable trust offers no estate-tax savings — it is about control, privacy, and avoiding probate.
• An irrevocable trust is the tool for tax reduction, asset protection, and Medicaid planning. Because Medicaid imposes a five-year look-back, an individual planning for long-term care should act early.
• A Supplemental Needs Trust (EPTL §7-1.12) lets you provide for a loved one with a disability without disqualifying them from public benefits.

Explore your options on our Trusts page.

Powers of attorney and the health care proxy

These two documents protect you while you are alive.

The durable power of attorney under GOL §5-1513 authorizes an agent to handle your finances — banking, bills, property, taxes. It is durable by default, meaning it survives your incapacity, which is exactly when you need it. New York uses the 2021 statutory short form, and getting the execution right is essential. See our Power of Attorney page.

The health care proxy under Public Health Law Article 29-C appoints an agent to make medical decisions when you cannot communicate them yourself. This is separate from your financial POA — different document, different authority. For an individual with no spouse, naming your own medical agent is one of the most important decisions you will make. Read our Healthcare Proxy page.

New York estate tax in 2026 — and the cliff

For deaths on or after January 1, 2026 through December 31, 2026, the New York basic exclusion amount is $7,350,000. New York taxes estates above that threshold at progressive rates of 3% to 16%.

But New York has a feature that catches individuals off guard: the estate tax cliff.

• The cliff sits at 105% of the exclusion = $7,717,500.
• If your taxable estate exceeds the cliff, you lose the entire exemption — your estate is taxed from the first dollar, not just the amount over the threshold.
• An estate just over the cliff can owe hundreds of thousands of dollars that careful planning would have avoided.

Two more points individuals often miss: New York has no gift tax, but gifts made within three years of death are added back to your taxable estate. Lifetime giving and trust planning must therefore be timed and structured deliberately. Our NY Estate Tax Guide covers this in depth.

Frequently asked questions

Do I really need an estate plan if I’m single with no children?
Yes — arguably more. Without documents, no one has automatic authority over your finances or medical care, and intestacy (EPTL Article 4) decides who inherits. A plan puts those decisions in your hands.

Will a living trust lower my estate tax?
No. A revocable living trust avoids probate and protects privacy, but offers no estate-tax savings. Tax reduction comes from irrevocable trusts and lifetime planning under EPTL Article 7.

What happens if my estate is just over $7,717,500?
You hit the New York cliff. An estate over 105% of the exclusion loses the entire exemption and is taxed from dollar one. Planning to stay under the cliff can save very large sums.

Is my power of attorney the same as my health care proxy?
No. The POA (GOL §5-1513) covers finances; the health care proxy (Public Health Law Article 29-C) covers medical decisions. They are separate documents and you need both.

Can I do this myself with online forms?
New York’s execution rules are strict — EPTL §3-2.1 requires the right witnesses, signature placement, and publication. Small errors invalidate documents. An attorney ensures your plan actually works when it matters.

Start your individual plan

Your plan should reflect your life — not New York’s defaults. Review our Estate Planning Overview and our Statewide Guide, then schedule a consultation with Russel Morgan, Esq..

Authoritative references: N.Y. Estate, Powers & Trusts Law (nysenate.gov), New York Estate Tax (tax.ny.gov), Health Care Proxy (health.ny.gov).