Estate planning Attorney near 11237

As seasoned New York estate planning attorneys with over three decades of experience, we at Morgan Legal Group understand that planning for your future – and the future of your loved ones – is one of the most significant decisions you will ever make. In the vibrant and complex landscape of New York, protecting your assets, ensuring your healthcare wishes are honored, and providing for your family requires more than just good intentions; it demands a meticulously crafted Estate Planning strategy tailored to New York State laws and your unique circumstances.

Far too many individuals believe estate planning is solely for the wealthy or the elderly. This is a profound misconception. Regardless of your age, wealth, or family structure, a comprehensive estate plan is a fundamental necessity for every New Yorker. It’s about more than just distributing assets after you’re gone; it’s about providing peace of mind, avoiding costly legal battles, minimizing tax burdens, and ensuring your legacy is preserved exactly as you intend, even in the face of unexpected illness or incapacity.

This comprehensive guide, meticulously prepared by the experts at Morgan Legal Group, is designed to demystify New York estate planning. We will walk you through the essential components, legal intricacies, and strategic considerations necessary to build a robust plan that reflects your values and protects what matters most. With the current date being 2026, all legal advice presented here reflects the most up-to-date New York State laws and tax thresholds, empowering you to make informed decisions for your family’s future.

Understanding Estate Planning: Beyond Just a Will

When most people hear the term “estate planning,” their minds often jump immediately to a Last Will and Testament. While a will is an undeniably critical document, it represents only one piece of a much larger, intricate puzzle. At Morgan Legal Group, we define estate planning as the proactive process of anticipating and arranging for the management and disposal of a person’s estate during their life and after death, while also addressing potential incapacity.

Think of estate planning as a comprehensive blueprint for your entire financial and personal life. It involves making deliberate decisions about who will inherit your assets, who will manage your financial affairs if you become unable to, who will make healthcare decisions on your behalf, and even who will care for your minor children. It’s about exercising control over your future, rather than leaving crucial decisions to the default rules of the state or the discretion of the courts.

Our firm specializes in crafting personalized estate plans that go far beyond a simple will. We consider every facet of your life: your family dynamics, your assets (both tangible and intangible), your charitable intentions, your business interests, and your long-term care goals. By taking a holistic approach, we ensure that your plan is not merely a collection of documents, but a cohesive strategy designed to achieve your specific objectives with maximum efficiency and minimal stress for your loved ones.

The Crucial Role of Estate Planning in New York (2026 Edition)

New York State has its own unique set of laws governing estates, trusts, and probate. Navigating these complexities without professional guidance can lead to unintended consequences, significant delays, and substantial costs for your beneficiaries. A well-constructed New York estate plan is your shield against these potential pitfalls, offering numerous advantages that extend far beyond asset distribution. Our firm, with its deep roots in New York law, stands ready to guide you through these intricacies.

In 2026, the imperative for robust estate planning is stronger than ever, given evolving economic landscapes and persistent state-specific legal nuances. We help New Yorkers safeguard their assets, articulate their wishes, and ensure a smooth transition for their families. Without a tailored plan, families often face protracted legal battles, significant tax liabilities, and the emotional toll of navigating probate without clear directives.

Avoiding the Perils of Intestacy in New York

Perhaps one of the most compelling reasons for an estate plan is to prevent dying “intestate” – meaning without a valid will. If you pass away in New York without a will, the state’s intestacy laws (specifically the Estates, Powers and Trusts Law, or EPTL) dictate how your assets will be distributed. This pre-determined hierarchy may not align with your wishes, leaving certain loved ones unprovided for, or distributing assets in proportions you wouldn’t have chosen. For example, if you are married with children, your spouse may not inherit everything, contrary to common belief.

Under EPTL § 4-1.1, if you die without a will in New York, your assets would be distributed as follows:

• If you have a spouse and no children: Your spouse inherits everything.
• If you have children but no spouse: Your children inherit everything, divided equally.
• If you have a spouse and children: Your spouse inherits the first $50,000, plus one-half of the remaining estate. Your children inherit the other half of the remaining estate, divided equally among them.
• If you have no spouse or children: Your parents inherit everything. If no parents, then your siblings inherit everything.

Furthermore, dying without a will almost guarantees a more complex and potentially lengthy probate process. The Surrogate’s Court will need to appoint an administrator, often requiring bond and ongoing court supervision, adding layers of expense and stress for your family during an already difficult time. With proper estate planning, you can dictate who receives what, ensure your chosen fiduciaries are in place, and often streamline or entirely bypass the Probate & Administration process.

Minimizing Tax Burdens for Your Heirs in 2026

New York is one of the few states that imposes its own estate tax, in addition to the federal estate tax. Without strategic planning, a significant portion of your estate could be lost to taxes, diminishing the legacy you intended to leave. Our attorneys are adept at employing sophisticated strategies, such as various types of trusts and gifting techniques, to legally reduce or even eliminate estate tax liability, ensuring more of your wealth passes to your beneficiaries.

As of 2026, the federal estate tax exemption is projected to be around $14 million per individual (adjusted annually for inflation from the 2024 baseline). This means an individual can transfer up to this amount without incurring federal estate tax. However, the New York State estate tax exemption is significantly lower, projected to be approximately $7.2 million in 2026, and is tied to the federal exclusion. It’s crucial to understand that New York does not have portability for its estate tax exemption, meaning a deceased spouse’s unused exemption cannot be transferred to the surviving spouse, unlike the federal system.

We also pay close attention to the infamous New York “estate tax cliff.” If a New York taxable estate exceeds the basic exclusion amount by more than 5% (i.e., it falls into the 100% to 105% cliff zone), the entire estate is subject to tax, not just the portion above the exclusion. This can result in a substantially higher tax bill. Our firm guides clients through these intricate tax landscapes, crafting plans that are not only compliant but also optimized for maximum asset preservation. This proactive tax planning is a cornerstone of responsible wealth management, particularly for New Yorkers.

Ensuring Care for Minor Children and Dependents

For parents of minor children, estate planning is not just about assets; it’s about ensuring their well-being. A will allows you to designate a guardian for your minor children, providing clarity and avoiding potential family disputes or court intervention during a time of grief. Without this crucial designation, the court will appoint a guardianship, which may not be the person you would have chosen.

The appointment of a guardian through your will carries significant weight, as it represents your direct wishes for the upbringing and care of your children. We help parents consider all aspects of this critical decision, from the proposed guardian’s values and financial stability to their geographic proximity and willingness to serve. This thoughtful planning helps mitigate conflict and provides stability for your children during an incredibly difficult period.

Similarly, if you have adult children or other dependents with special needs, a properly structured Special Needs Trust is essential. This trust allows you to provide for their financial future without jeopardizing their eligibility for crucial government benefits like Medicaid or Supplemental Security Income (SSI). This level of forethought ensures their continued care and quality of life, offering peace of mind that their unique needs will be met long after you are gone.

Planning for Incapacity: Protecting Yourself and Your Assets

Estate planning is not solely about what happens after you pass away; it’s equally about protecting you and your assets during your lifetime, especially if you become incapacitated. A sudden illness, accident, or cognitive decline can render you unable to make financial or healthcare decisions. Without appropriate legal documents in place, your loved ones may need to petition the court for guardianship, a process that is often public, expensive, time-consuming, and emotionally draining.

Documents like a Power of Attorney and a Health Care Proxy empower individuals you trust to manage your affairs and make medical decisions on your behalf, avoiding the necessity of a court-appointed guardianship. Our firm emphasizes the critical importance of these incapacity planning tools, recognizing that protecting your autonomy and well-being is as vital as protecting your financial legacy. This proactive approach ensures your wishes are respected, even when you cannot voice them yourself.

Core Pillars of a New York Estate Plan

A comprehensive New York estate plan is typically built upon several key legal documents, each serving a distinct and vital purpose. Understanding these components is the first step toward building a plan that truly works for you and your family. At Morgan Legal Group, we work closely with our clients to determine which of these tools are most appropriate for their unique circumstances and goals, integrating them into a cohesive strategy.

While the exact combination of documents will vary, the following are the cornerstones of effective estate planning in the Empire State. Our goal is to create a tailor-made solution that provides maximum protection, flexibility, and peace of mind. We empower our clients by explaining each document’s role, ensuring they understand the ‘why’ behind every recommendation and decision. This collaborative approach leads to a plan that truly reflects your intentions.

Wills: Your Testamentary Voice in New York

A Last Will and Testament remains the foundational document for most estate plans. In New York, a will is a legally binding document that outlines how your assets should be distributed upon your death and appoints fiduciaries to manage your estate. It is your opportunity to speak from beyond the grave, ensuring your wishes are honored and providing clear directives to your loved ones and the Surrogate’s Court.

Requirements for a Valid New York Will (EPTL § 3-2.1)

• In Writing: The will must be a physical document. Holographic wills (entirely in the testator’s handwriting) are generally not valid in New York unless created under very specific circumstances (e.g., by a mariner at sea or a soldier in military service).
• Signed by Testator: You, the person making the will (the testator), must sign it at the end. Your signature must be at the physical end of the will; anything written after your signature is invalid.
• Witnessed: Two individuals, who are at least 18 years old and competent, and who are not beneficiaries in your will, must witness your signing and then sign the will themselves within 30 days. They attest that you were of sound mind, understood you were signing a will, and signed voluntarily. The witnesses must sign in each other’s presence and in your presence.
• Publication: You must declare to the witnesses that the document you are signing is your Last Will and Testament.
• Capacity: You must be at least 18 years old and of sound mind, meaning you understand the nature of your assets, who your natural heirs are, and the effect of signing the will.

Our experienced wills and trusts attorneys ensure that your will strictly adheres to these New York legal requirements, preventing future challenges to its validity. A poorly drafted or improperly executed will can be deemed invalid, leading to your estate being distributed under intestacy laws, precisely what you sought to avoid. We can also assist with a “self-proving affidavit,” signed by you and the witnesses before a notary, which can streamline the probate process by eliminating the need for witnesses to appear in court.

What a New York Will Can Accomplish

• Asset Distribution: You designate specific beneficiaries for your property, real estate, bank accounts, and other assets that are solely in your name and do not have beneficiary designations. Without a will, state law dictates distribution.
• Appointing an Executor: You name a trusted individual or entity (your Executor) to manage your estate, pay debts, and distribute assets according to your will. This person plays a crucial role in the Probate & Administration process.
• Designating Guardians for Minors: If you have minor children, your will is the place to name guardians who will raise them if both parents pass away. This is arguably the most critical provision for young families.
• Bequests to Charities: You can leave specific gifts to your favorite charitable organizations.
• Funeral and Burial Wishes: While not legally binding in all respects (as they often aren’t read until after services), your will can express your preferences for funeral arrangements, cremation, or burial, providing guidance to your family.

Despite its importance, a will has limitations. It generally only covers assets held in your individual name that do not have a beneficiary designation (like a 401k, IRA, or life insurance policy). Assets held in joint tenancy with right of survivorship or within a trust are typically not governed by a will. Furthermore, assets passed via a will usually must go through the probate process in Surrogate’s Court, which can be time-consuming and public.

Trusts: A Versatile Tool for Asset Management and Protection

In New York estate planning, trusts are incredibly powerful and flexible instruments that can achieve objectives beyond the scope of a traditional will. A trust involves three key parties: the Grantor (you, who creates and funds the trust), the Trustee (the person or institution who manages the assets held in the trust), and the Beneficiary (the person or people who will eventually benefit from the trust assets).

The fundamental advantage of a trust is its ability to hold assets for the benefit of beneficiaries, often outside of the probate process. This means greater privacy, faster distribution, and reduced administrative costs. Trusts can also offer significant asset protection, tax planning advantages, and greater control over how and when your beneficiaries receive their inheritance. At Morgan Legal Group, we meticulously design trusts to align with your specific goals, ensuring optimal asset management and protection for generations.

Revocable vs. Irrevocable Trusts

The primary distinction between trusts lies in their revocability:

• Revocable Living Trust: Also known as an “inter vivos” trust, this type of trust can be changed, amended, or canceled by the Grantor at any time during their lifetime. You, as the Grantor, typically serve as the initial Trustee and Beneficiary, maintaining complete control over the assets. While it avoids probate for assets transferred into it, a revocable trust offers no asset protection from creditors during your lifetime and is included in your taxable estate for estate tax purposes. Its main benefits are probate avoidance, seamless management during incapacity, and privacy.
• Irrevocable Trust: Once created and funded, an irrevocable trust generally cannot be altered or revoked without the consent of the Trustee and all beneficiaries. This type of trust offers significant advantages, including asset protection from creditors (after a certain period, e.g., five years for Medicaid planning), potential eligibility for Medicaid benefits, and removal of assets from your taxable estate, thus reducing estate tax liability. However, you surrender control over the assets once they are placed into an irrevocable trust. This surrender of control is precisely what gives it its protective qualities.

Selecting the right type of trust depends entirely on your goals. Our firm guides you through this critical decision, explaining the trade-offs between flexibility, control, asset protection, and tax benefits. We design trusts that are perfectly aligned with your long-term objectives and address the unique challenges and opportunities presented by New York law, particularly concerning gift taxes and Medicaid look-back periods.

Specialized Trusts for Specific Needs in New York

Beyond revocable and irrevocable trusts, various specialized trusts serve specific purposes, providing tailored solutions for complex situations:

• Special Needs Trusts (Supplemental Needs Trusts): Crucial for individuals with disabilities, these trusts allow assets to be held for their benefit without disqualifying them from essential government benefits like Medicaid or SSI. New York recognizes both first-party (funded with the disabled individual’s own assets) and third-party (funded with someone else’s assets) special needs trusts, each with distinct rules.
• Medicaid Asset Protection Trusts (MAPTs): These are irrevocable trusts designed to protect assets from the costs of long-term care, such as nursing home expenses. By transferring assets into a MAPT, they can be excluded from Medicaid eligibility calculations after the statutory look-back period (currently 60 months for nursing home care). It is vital to plan well in advance due to these strict look-back rules.
• Credit Shelter Trusts (Bypass Trusts / AB Trusts): While less common for federal estate tax planning due to increased exemptions, these trusts remain invaluable for New York State estate tax planning. They allow married couples to fully utilize each spouse’s New York estate tax exemption, bypassing the non-portability of the state exemption and potentially saving millions in state estate taxes.
• Irrevocable Life Insurance Trusts (ILITs): An ILIT is an irrevocable trust that owns a life insurance policy. When properly structured, the death benefit from the policy is not included in your taxable estate, providing a liquidity source for your heirs free of estate taxes. This can be a powerful tool for large estates facing significant tax liabilities.
• Charitable Trusts: For philanthropically inclined individuals, trusts like Charitable Remainder Trusts (CRTs) or Charitable Lead Trusts (CLTs) allow you to support charities while potentially generating income for yourself or your heirs, and receiving significant tax benefits, including income, gift, and estate tax deductions.
• Pet Trusts: New York allows for the creation of statutory pet trusts, which ensure funds are available for the care of your beloved animals after your passing, designating a trustee to manage these funds and a caregiver for the pet.

The strategic deployment of these advanced trust instruments requires sophisticated legal expertise. Morgan Legal Group excels in designing and implementing these complex structures, ensuring they comply with current New York law and effectively achieve our clients’ intricate financial and familial objectives.

Incapacity Planning: Protecting Yourself While You’re Alive

While often grouped with estate planning, incapacity planning specifically addresses how your affairs will be managed if you become unable to make decisions for yourself. This critical facet of planning ensures your autonomy is preserved and your loved ones are spared the burden of a costly and public court proceeding for guardianship.

At Morgan Legal Group, we prioritize establishing robust incapacity plans tailored to the unique health and financial considerations of each client. These documents are a testament to proactive self-care, allowing you to appoint trusted individuals who will act in your best interests when you can no longer articulate them yourself.

Durable Power of Attorney (DPOA) in New York

A Power of Attorney (POA) is a legal document that allows you (the “Principal”) to appoint an agent (an “Attorney-in-Fact”) to make financial decisions on your behalf. A Durable Power of Attorney remains effective even if you become incapacitated, which is a crucial distinction from a general POA that terminates upon incapacity.

New York has a specific Statutory Short Form Power of Attorney (General Obligations Law § 5-1501B). This form grants broad powers to an agent, covering banking, real estate, investments, benefits, and more. It is essential to specifically initial the “Modifications” section if you wish to grant the agent the power to make gifts, create trusts, or change beneficiary designations, as these are considered “hot powers” under New York law and require extra scrutiny.

The DPOA is effective immediately upon signing unless you specify a springing power, which takes effect upon a certain event, typically certification of your incapacity by a physician. We counsel our clients carefully on selecting a trustworthy agent and clearly defining the scope of their authority, ensuring your financial welfare is in capable hands.

Health Care Proxy and Living Will

These documents address medical decision-making:

• Health Care Proxy: This document (Public Health Law Article 29-C) allows you to appoint an agent (and an alternate) to make any and all healthcare decisions on your behalf if you lose the capacity to do so. Your agent’s authority begins only when your attending physician determines that you lack decision-making capacity. This empowers your chosen individual to communicate with doctors, consent to or refuse medical treatments, and ensure your healthcare wishes are honored.
• Living Will: A Living Will (recognized by common law in New York) expresses your wishes regarding end-of-life medical treatment, specifically if you are terminally ill or in a permanent vegetative state. It instructs your physicians and health care agent about whether you want life-sustaining treatment withheld or withdrawn, allowing you to maintain control over deeply personal choices about your medical care.
• HIPAA Authorization: Often created alongside the Health Care Proxy, a HIPAA (Health Insurance Portability and Accountability Act) authorization grants specific individuals access to your protected health information, allowing them to communicate effectively with your medical providers. Without it, even your spouse or children may be denied critical information.

These documents are paramount for preserving your dignity and ensuring your medical care aligns with your values. Our team carefully explains the nuances of each, helping you articulate your specific preferences for medical treatment and appointing agents you implicitly trust.

The New York Probate and Estate Administration Process

When an individual passes away in New York, their estate typically enters a legal process to settle their affairs, known as probate (if there is a valid will) or administration (if there is no will). Navigating New York’s Surrogate’s Court can be complex, and our firm provides experienced guidance throughout every step of this process.

The goal of Probate & Administration is to legally transfer the deceased’s assets to their rightful heirs or beneficiaries, pay off any outstanding debts and taxes, and resolve any disputes. Without proper legal assistance, this process can be lengthy, costly, and emotionally taxing for grieving families.

Understanding Probate with a Will

If the decedent left a valid Last Will and Testament, the process is called probate. The Executor named in the will files a petition with the Surrogate’s Court in the county where the decedent resided. The court will:

• Verify the Will: The court ensures the will is legally valid and properly executed according to EPTL § 3-2.1.
• Appoint an Executor: If the will is valid, the court issues “Letters Testamentary” to the Executor named in the will, granting them the legal authority to act on behalf of the estate.
• Notice to Heirs: All statutory distributees (those who would inherit if there were no will) must be given notice of the probate proceeding, even if they are not named beneficiaries in the will. This allows them an opportunity to object to the will’s validity if they have grounds to do so.

The Executor’s duties are extensive, including gathering and inventorying assets, paying the decedent’s debts and final expenses, filing tax returns (income, estate, and fiduciary), and ultimately distributing the remaining assets to the beneficiaries as directed by the will. Our firm assists Executors in fulfilling these fiduciary duties diligently and efficiently, minimizing potential liabilities.

Estate Administration Without a Will (Intestacy)

If an individual dies without a valid will, their estate goes through an administration proceeding. In this scenario, the Surrogate’s Court appoints an Administrator instead of an Executor. The Administrator’s role is similar to an Executor’s, but the distribution of assets is strictly governed by New York’s intestacy laws (EPTL § 4-1.1), as discussed earlier.

The court typically gives preference for appointment as Administrator to the closest next of kin (e.g., spouse, children, parents, siblings). If there are multiple individuals with equal priority, they may need to agree on who will serve, or the court may make the decision. This process can be more complicated than probate, as there is no will to explicitly state the decedent’s wishes, often requiring a bond and greater court oversight.

Other Surrogate’s Court Proceedings

• Voluntary Administration (Small Estates): For estates with personal property valued below a certain threshold (currently $50,000, excluding real property), a simplified process called Voluntary Administration may be used, often without formal court appearances.
• Ancillary Probate/Administration: If a New York resident owns real estate in another state, or vice versa, an additional proceeding in that state (ancillary probate/administration) may be necessary to transfer that specific property.
• Wrongful Death Actions: While not part of the estate distribution, the Surrogate’s Court often supervises the distribution of proceeds from wrongful death lawsuits.

The complexities of Probate & Administration underscore the value of proactive estate planning. Our attorneys at Morgan Legal Group are adept at navigating these judicial processes, providing compassionate and effective representation to Executors, Administrators, and beneficiaries alike.

Navigating Guardianship in New York

Guardianship proceedings are a crucial aspect of New York law, designed to protect the interests of individuals who cannot make decisions for themselves, whether they are minors or incapacitated adults. Our firm has extensive experience in all facets of New York Guardianship law, representing petitioners, alleged incapacitated persons, and interested parties.

Understanding the different types of guardianship and their implications is vital for families facing these challenging situations. We provide empathetic guidance, ensuring the best interests of vulnerable individuals are always at the forefront.

Guardianship for Minors (Article 17 of the SCPA)

When parents pass away or are otherwise unable to care for their minor children, the Surrogate’s Court can appoint a guardian under Article 17 of the Surrogate’s Court Procedure Act (SCPA). This guardian is responsible for the child’s personal care, education, and potentially their property.

• Testamentary Guardianship: As discussed, a parent can nominate a guardian in their Last Will and Testament. While not automatically binding, the court gives strong deference to such nominations.
• Petition for Guardianship: If no testamentary guardian is named, or if circumstances change, an interested party can petition the court to appoint a guardian. The court’s primary consideration is always the “best interests of the child.”

The court will assess the proposed guardian’s capacity, financial stability, and relationship with the child. This process is distinct from foster care or child protective services, focusing on the child’s overall welfare and upbringing within a family structure. Our attorneys help families navigate these sensitive proceedings, striving to achieve outcomes that secure a stable and nurturing environment for minor children.

Guardianship for Incapacitated Adults (Article 81 of the Mental Hygiene Law)

Article 81 of the Mental Hygiene Law governs the appointment of a guardian for an adult who is deemed incapacitated and unable to manage their personal needs or property and financial affairs. This proceeding is typically initiated when an individual lacks a Durable Power of Attorney or Health Care Proxy, or when those documents are insufficient or being misused.

The court’s focus in an Article 81 proceeding is to appoint the least restrictive form of intervention necessary. This means a guardian’s powers are specifically tailored to the incapacitated person’s needs, rather than granting blanket authority. The court must determine:

• Whether the alleged incapacitated person (AIP) is indeed incapacitated.
• The scope of the incapacity (e.g., unable to manage finances, personal care, or both).
• Who is the most appropriate person to serve as guardian.

An attorney is appointed by the court to represent the AIP throughout the proceeding, ensuring their rights and preferences are heard. Guardianship is a significant deprivation of liberty, making these cases intensely scrutinized. Our firm provides diligent representation, whether advocating for the appointment of a guardian or protecting the rights of an alleged incapacitated person.

Guardianship for Individuals with Intellectual and Developmental Disabilities (Article 17-A of the SCPA)

New York offers a specialized guardianship process under Article 17-A of the SCPA for individuals who are intellectually disabled or developmentally disabled. This type of guardianship is typically sought by parents or family members when a child with such disabilities reaches the age of 18, as they are then considered adults and legal capacity can no longer be assumed by parents.

Unlike Article 81, Article 17-A guardianship can be more comprehensive, as it is based on a certified diagnosis of intellectual or developmental disability that existed before age 22. It allows for the appointment of a guardian of the person, a guardian of the property, or both. This often provides parents with the legal authority they need to continue making healthcare and financial decisions for their adult child, ensuring continuity of care and support. We assist families in navigating the medical certifications and court procedures required for this specialized guardianship, securing vital protections for their loved ones.

Elder Law: Protecting Our Seniors in New York (2026)

NYC Elder Law is a specialized area of practice that focuses on the legal issues affecting older adults and their families, encompassing everything from long-term care planning and Medicaid eligibility to elder abuse prevention. As the population ages, the demand for sophisticated elder law strategies continues to grow, particularly in New York where healthcare costs are substantial.

At Morgan Legal Group, we are dedicated to helping seniors and their families navigate the complex landscape of elder law, preserving assets, ensuring access to quality care, and protecting against exploitation. Our approach combines legal expertise with deep empathy for the unique challenges faced by older New Yorkers.

Medicaid Planning and Long-Term Care

The high cost of nursing home care and extensive home health services in New York makes Medicaid planning a critical component of elder law. Medicaid is a joint federal and state program that provides healthcare coverage for individuals with limited income and assets. However, qualifying for Medicaid, especially for long-term care, involves stringent rules.

Key considerations in 2026 for New York Medicaid planning include:

• Asset Limits: Individuals seeking Medicaid for long-term care must meet strict asset limits (e.g., typically $30,180 for an individual in 2023, subject to annual adjustments). Spousal impoverishment rules allow a healthy spouse to retain a certain amount of assets and income.
• Income Limits: For institutional care, most of an individual’s income goes towards their care, with a small personal needs allowance. For home care, there are income caps, but specific strategies like Miller Trusts (Pooled Income Trusts) can help individuals with income above the cap qualify.
• Look-Back Period: New York has a 60-month (5-year) look-back period for asset transfers when applying for nursing home Medicaid. Any uncompensated transfers made during this period can trigger a penalty period during which Medicaid will not pay for care. For community (home) care Medicaid, while a 30-month look-back for asset transfers was planned, its implementation has been repeatedly delayed and is not yet in effect as of 2026.

Our firm specializes in developing personalized Medicaid plans, often utilizing strategies like Medicaid Asset Protection Trusts, spousal refusal, and personal care agreements, to help clients qualify for benefits while preserving as much of their hard-earned assets as legally possible. Proactive planning is paramount to effectively navigate these rules.

Protecting Against Elder Abuse

Tragically, elder abuse is a growing concern, manifesting in financial exploitation, physical abuse, neglect, and emotional abuse. New York has laws in place to protect seniors, but vigilance and legal intervention are often necessary. Our firm is committed to fighting Elder Abuse and protecting vulnerable adults.

We assist clients and their families in identifying signs of abuse, reporting suspected cases, and pursuing legal remedies. This can involve challenging fraudulent transfers, revoking Powers of Attorney, seeking protective orders, or initiating Article 81 guardianship proceedings. Our goal is to recover assets, ensure the safety of the elder, and hold perpetrators accountable, providing a measure of justice and peace of mind.

Beyond the Basics: Advanced Estate Planning Strategies

For individuals with substantial assets, complex family structures, or unique charitable goals, basic wills and simple trusts may not be sufficient. Morgan Legal Group offers sophisticated estate planning strategies designed to address these advanced needs, often integrating multiple legal tools to achieve optimal outcomes.

These strategies require a deep understanding of New York and federal tax laws, charitable giving regulations, and family dynamics. We pride ourselves on crafting innovative, legally sound plans that maximize wealth transfer, minimize taxes, and protect family legacies.

Business Succession Planning

For business owners, integrating business succession planning into your overall estate plan is critical. Without a clear plan, the death or incapacity of a principal can throw a business into chaos, jeopardizing its future and the financial well-being of your family. We help business owners:

• Create Buy-Sell Agreements: These agreements dictate what happens to a deceased or incapacitated owner’s share of the business, often funded by life insurance, ensuring a smooth transition and fair value for the owner’s estate.
• Develop Contingency Plans: Identify key personnel and establish protocols for decision-making during an owner’s absence or incapacity.
• Integrate Business and Personal Goals: Ensure that the sale or transfer of a business aligns with your overall estate plan, including tax minimization and wealth distribution objectives.

Effective business succession planning safeguards your entrepreneurial legacy and provides financial security for your loved ones, preventing forced sales or disputes among partners. This complex planning requires a keen understanding of both corporate law and estate law, an area where Morgan Legal Group excels.

Digital Assets and Estate Planning

In our increasingly digital world, your online accounts, digital currencies, social media profiles, and electronic documents constitute a significant portion of your “digital estate.” New York’s Revised Fiduciary Access to Digital Assets Act (FADAA) allows fiduciaries (like Executors or agents under a Power of Attorney) to access, manage, or close digital accounts, but only if you provide explicit consent in your estate planning documents or directly through online tools.

Without specific instructions, your Executor may face significant hurdles accessing important financial information, treasured memories, or even shutting down accounts. We guide clients in inventorying their digital assets and incorporating specific provisions into their wills or trusts, or providing separate instructions, to ensure their digital legacy is managed according to their wishes.

Charitable Giving Strategies

Many New Yorkers wish to leave a lasting philanthropic mark. Strategic charitable giving can not only support causes you care about but also provide significant tax advantages. Beyond simple bequests in a will, we advise on advanced charitable strategies:

• Donor-Advised Funds (DAFs): Offer immediate tax deductions while allowing you to recommend grants to charities over time.
• Charitable Remainder Trusts (CRTs): Provide income to you or other beneficiaries for a period, with the remainder going to charity, generating an upfront income tax deduction.
• Charitable Lead Trusts (CLTs): Pay income to a charity for a period, with the remainder returning to your family, often used for estate tax reduction.

These tools can integrate seamlessly into your overall Estate Planning, allowing you to achieve both your financial and altruistic goals with maximum efficiency.

The Importance of Regular Estate Plan Review and Updates

An estate plan is not a static document; it is a living framework that requires periodic review and adjustment. Life circumstances change, laws evolve, and your wishes may shift over time. Neglecting to update your estate plan can render it ineffective, outdated, or even detrimental to your goals.

At Morgan Legal Group, we advise our clients to review their estate plans at least every three to five years, or sooner if significant life events occur. This proactive approach ensures your plan remains current, compliant, and reflective of your present intentions.

Key Life Events Warranting an Estate Plan Update:

• Marital Changes: Marriage, divorce, or remarriage significantly impacts beneficiary designations and spousal rights under New York law.
• Births or Deaths: The arrival of new children or grandchildren, or the passing of a beneficiary or fiduciary, necessitates adjustments.
• Significant Wealth Changes: A substantial increase or decrease in assets (e.g., inheritance, sale of a business, large lottery win, or significant losses) can alter tax planning needs.
• Relocation: Moving to or from New York State requires a review to ensure your plan complies with the laws of your new domicile.
• Changes in Health: A diagnosis of a serious illness may prompt a review of incapacity planning documents and long-term care strategies.
• Changes in Laws: New York and federal estate, gift, and tax laws can change, impacting the effectiveness of your existing plan.

Our firm partners with clients throughout their lives, providing ongoing counsel and ensuring their estate plans evolve with them. This continuous vigilance is essential for maintaining a truly robust and effective estate plan that stands the test of time and change.

Choosing the Right New York Estate Planning Attorney

Embarking on the journey of Estate planning requires a trusted legal partner. With over 30 years of experience serving New Yorkers, Morgan Legal Group has built a reputation for professionalism, expertise, and compassionate client service. Choosing the right attorney is a decision that impacts your legacy and your family’s future, making it one you should approach with careful consideration.

When selecting an estate planning attorney in New York, look for:

• Specialized Expertise: Ensure the attorney focuses on Estate Planning, Probate, Guardianship, and Elder Law, and possesses a deep understanding of current New York State laws and tax regulations.
• Experience: Decades of practice in the field means they have navigated countless scenarios and can anticipate potential challenges.
• Client-Centered Approach: The firm should prioritize understanding your unique family dynamics, financial situation, and personal goals to craft a truly bespoke plan.
• Clear Communication: An attorney should explain complex legal concepts in an understandable way, empowering you to make informed decisions.
• Reputation and Trust: Seek a firm with a strong reputation for integrity and ethical practice.

At Morgan Legal Group, we are committed to providing unparalleled legal services in estate planning. We believe in building long-term relationships with our clients, becoming trusted advisors for life’s most important decisions. Our comprehensive services also extend to Family Law matters that often intersect with estate planning, providing holistic support.

Take Control of Your Legacy: Contact Us Today

Proactive estate planning is a gift you give to yourself and your loved ones – a gift of clarity, security, and peace of mind. It ensures your wishes are honored, your assets are protected, and your family is cared for, no matter what the future holds. Don’t leave your legacy to chance or the default rules of the state.

The expert team at Morgan Legal Group is ready to help you craft a comprehensive and personalized estate planning strategy that aligns with your values and objectives. Whether you’re just starting to consider your options or need to update an existing plan, we provide the seasoned legal counsel you deserve. Contact Us today to schedule a confidential consultation and take the crucial first step toward securing your future and protecting what matters most.

Visit our Home page to learn more about our commitment to serving New York families. Explore our dedicated pages for Estate Planning, Probate & Administration, Wills and Trusts, NYC Elder Law, Power of Attorney, Guardianship, and Elder Abuse for more detailed information on specific areas of our practice.