3 Lessons from a NY Estate Lawyer: What Every NYC Resident Must Do in 2025
As a New York estate planning attorney with many years of experience, I have had the privilege of guiding over 1,000 families through their most difficult times. My name is Russel Morgan, and my firm, Morgan Legal Group, has built a reputation, backed by 900+ positive online reviews, for one reason: we build plans that *work* in the real world.
Clients often come to us with a “simple will” or a “DIY” plan, thinking they are protected. They are not. After seeing the same devastating, multi-million dollar mistakes over and over, I have distilled my experience into three essential lessons. These are the “secrets” that separate a useless piece of paper from a true legal fortress. In the 2025-2026 legal landscape, with two massive financial “time bombs” ticking, knowing these three things is not optional. It is critical.
Lesson 1: Your Will Is a One-Way Ticket to Probate Court
This is the most important lesson I can teach. It is the #1 myth in estate planning.
The Myth: “I have a Will, so my family will avoid court.”
The NY Reality: A Will does not avoid probate. A Will is a one-way ticket *to* probate court. It is a formal set of instructions *for the judge*. It has no legal power until a Surrogate’s Court judge validates it.
The New York City Probate Nightmare
In our 1,000+ cases, we know that probate in New York City is a disaster. Whether your estate is in Brooklyn, Queens, or Manhattan, the process is:
- 1. Public: Your will and a full inventory of your assets (your co-op value, your accounts) become a public record. This is a goldmine for scammers and nosy relatives.
- 2. Slow: A “simple” probate in NYC can take 1-2 *years*. Your assets are frozen. Your family cannot sell the home or access accounts.
- 3. Expensive: Your estate must pay executor commissions (on a $1M estate, this is $34,000) plus thousands in court costs and legal fees.
- 4. A Conflict Magnet: The court process *requires* all next-of-kin to be notified, giving any disgruntled relative a formal invitation to contest the will and sue your estate.
Case Study: The Brooklyn Brownstone Stuck in Court
We were hired by a family whose mother had a “simple will.” Her $2M brownstone and $500k in stocks were her only assets. But one of her three children was disinherited. That son filed a will contest. The result? The estate was frozen for three years. The $500k in cash was eaten by $200,000 in legal fees. The family was forced to sell the brownstone to pay the lawyers and was shattered by the conflict. This was 100% avoidable.
The “Gold Standard” Solution: The Revocable Living Trust
This is the first thing I teach all my clients. The *only* way to make life “easy” for your family is to avoid probate court entirely. A Revocable Living Trust is the tool to do it.
A trust is a private contract. You create it, you control it 100% (as the “Trustee”), and you “fund” it by transferring your assets (your home, co-op, accounts) into its name.
The Benefit: When you pass, your “Successor Trustee” (your child) takes over *instantly*.
- NO COURT: You avoid the Surrogate’s Court completely.
- NO DELAYS: Assets are not frozen.
- NO PUBLIC RECORD: Your legacy is 100% private.
- NO CONFLICT: It’s infinitely harder to challenge a private trust.
Lesson 1 Summary: A Will is a plan *for* probate. A Trust is a plan to *avoid* it.
Lesson 2: Incapacity is a Bigger (and More Expensive) Threat Than Death
The second lesson clients learn is that estate planning is not just about *death*. It is about *life*. What happens if you have a stroke, an accident, or dementia? You are alive, but you cannot make decisions. Your Will does nothing. Your assets are frozen. Your family is powerless.
The “Guardianship” Nightmare: The $20,000 Public Lawsuit
Without a plan, your family’s *only* option is to file for an Article 81 Guardianship. This is a public, expensive ($20,000+), and humiliating lawsuit where your family must go to court and prove to a judge that you are incompetent.
The judge—not your family—then decides who controls your life and your money. They may even appoint a “neutral” stranger to manage your finances, paid by the hour from your life savings. In our 1,000+ cases, we have seen this process destroy families. It is a total loss of dignity and control.
The “DIY” POA Trap: Why NY Banks Reject Online Forms
“But I have a Power of Attorney!” you say. This is the next trap. New York has one of the *strictest* and most *complex* POA forms in the country. Banks reject “DIY” or online forms *every single day* for tiny technical errors.
When a bank rejects your POA, you are back to square one. Your *only* option is the $20,000 guardianship proceeding. Your “easy” $99 form just cost your family $20,000.
The Real Solution: Your “Incapacity Fortress”
A true plan builds a fortress against guardianship. This is the second thing I teach every client. You need three “battle-tested” documents:
- NY Durable Power of Attorney: An expertly drafted, NY-specific POA that banks will *actually* accept.
- The Statutory Gifts Rider (SGR): The “engine” for the POA. This separate document is *required* for any elder law or tax planning if you are incapacitated.
- Health Care Proxy: Appoints a medical “Agent” to make decisions for you. Without it, your family is locked out by HIPAA laws.
Lesson 2 Summary: A Will is useless while you are alive. A Trust and a POA are the only things that protect you from a public guardianship.
Lesson 3: The Rules Are Changing (The “2025-2026 Urgency” Lesson)
The final lesson is the most urgent. An estate plan is not a “set it and forget it” document. The law changes. And in 2025-2026, the two biggest changes in a generation are hitting New York.
The Middle-Class Time Bomb: The 2025 Medicaid “Look-Back”
The Threat: Medicare does not pay for long-term care, which costs $20,000/month. Medicaid *does*, but it’s a poverty program. For years, NY had “no look-back” for home care. That era is over.
The New Rule: A new 30-month (2.5-year) look-back for home care is being implemented in 2025. This means any “gift” you made—like adding your child to your deed or giving them cash—is now a “transfer” that will disqualify you from care. You will be forced to sell your home to pay your bills.
The Solution: The Medicaid Asset Protection Trust (MAPT). This is an irrevocable trust you create *now* to start the look-back clock. After the 5-year/30-month period, your home is 100% protected. With the new rules, “crisis” planning is dead. Proactive planning is the only way to protect your home.
The High-Net-Worth Time Bomb: The 2026 Federal Tax “Sunset”
The Threat: The federal estate tax exemption ($13.61M) is being cut in half on Jan 1, 2026, to ~$7M.
The NY “Double Whammy”: NY already has its *own* $6.94M “cliff” tax. A $15M estate in NYC that owes $0 in 2025 could owe over $2.3 MILLION in 2026.
The Solution: The 2025 “Use It or Lose It” Strategy
2025 is your *last chance* to “use” your high exemption before you “lose” it. We use advanced, irrevocable trusts (like SLATs and ILITs) to make strategic gifts now. This is not something a “simple” plan can do. It is an expert strategy that can save your family millions.
Lesson 3 Summary: Your old plan is obsolete. The 2025-2026 rules require an immediate review to protect you from taxes and long-term care costs.
Conclusion: The Real Lesson is Peace of Mind
These are the three lessons I’ve learned from over 1,000 cases: A Will is a trap, incapacity is the real threat, and the rules are always changing.
The “benefits” of estate planning are not abstract. They are the answers to the “what ifs” that keep you up at night. A comprehensive plan—a Revocable Trust, a “battle-tested” Power of Attorney, a Health Care Proxy, and a review of your assets against the 2025/2026 tax and Medicaid threats—is the only fortress that works.
As our 900+ positive reviews (seen here on Google) show, our clients sleep better at night. They know they don’t have a “simple” piece of paper; they have a comprehensive fortress built by a firm with many years of experience.
Do not overlook these benefits. Schedule a consultation with Morgan Legal Group today and let us build your fortress.
For more information on New York’s probate process, you can visit the NY Courts NYC Surrogate’s Courts official website.
