Answers To Frequently Asked Questions About Estate Planning In New York

Last updated on May 12, 2026

What are the differences between revocable and irrevocable trusts in New York?

The primary differences between these two types of trusts have to do with flexibility and control. If you create a revocable trust and name yourself as the trustee, you can choose to alter or revoke the trust at any time prior to death or incapacity. A revocable trust allows you to maintain control over the assets and make changes as your circumstances or preferences change. However, the assets in a revocable trust are still legally part of your estate. Therefore, they may not be shielded from creditors and they won’t lower the overall value of the estate for tax purposes.

By contrast, when you transfer assets into an irrevocable trust, you essentially remove them from your personal ownership, which can offer creditor protection and reduce the taxable estate. The tradeoff, however, is less control. An irrevocable trust cannot be easily changed or terminated once it has been established. This type of trust is often used for specific purposes, such as Medicaid planning or protecting assets for beneficiaries.

Is an estate planning attorney really necessary?

While you can find resources and templates online, an estate planning attorney is invaluable for ensuring that your estate plan is comprehensive and legally sound. Estate planning involves complex laws and regulations, and an attorney can help tailor your plan to fit your unique situation and goals. They can also help you avoid common pitfalls and ensure that your documents are properly executed and aligned with your wishes.

Your estate plan will speak for you when you are no longer around to speak for yourself. It must be clear, thorough and carefully constructed. Otherwise, the costs of fixing potential problems could easily outweigh the savings of taking a do-it-yourself approach to estate planning.

What type of documents should I have in my estate plan?

A complete estate plan typically includes several key documents:

• A will provides instructions on how your assets will be distributed after your death. It also allows you to name guardians for minor children.
• By designating durable power of attorney, you can choose a trusted individual to manage your finances and other important matters if you become unable to make or communicate these decisions for yourself.
• A living will and designated health care proxy provide guidance on medical decisions and end-of-life care.
• One or more trusts can also be included to manage assets and potentially reduce taxes.

Your plan can and should be customized to your needs and goals. It’s also important to review and update these documents regularly to reflect any changes in your life or wishes.

What do I need to know about funeral planning?

Funeral planning is an important part of the estate planning process. You can specify your preferences for burial or cremation, the type of service you want, and any other specific requests you may have. It’s helpful to communicate these wishes to your family and document them in your estate plan to ensure they are honored.

Additionally, prepaying for funeral expenses or setting aside funds can relieve your loved ones of financial burdens during a difficult time.

What should I bring to my estate planning meeting?

When meeting with your estate planning attorney, please bring all relevant information to ensure a productive session. This includes a list of your assets and liabilities, copies of any existing estate planning documents, and details about your beneficiaries and any specific wishes you have for them.

It’s also helpful to have contact information for your chosen executor, trustees and health care proxies. Being prepared with this information allows your attorney to provide the best advice and create a plan that meets your needs.

Does New York have an estate tax “cliff”?

Yes. New York has what is commonly referred to as an estate tax “cliff.” In general terms, if a New York taxable estate exceeds the New York estate tax exemption by more than a small margin, the estate can lose the benefit of the exemption and New York estate tax may be assessed on a much larger portion of the estate. This is very different from a gradual “phase-in” of tax. Because of the cliff, an estate that is only modestly above the exemption amount can potentially face a significantly higher New York estate tax bill than many people expect.

If you are close to the New York exemption amount, it is especially important to review your plan with an experienced estate planning attorney. With proper planning, it may be possible to structure gifts and other strategies to help reduce exposure to New York estate tax while still ensuring your assets pass according to your wishes.

Why do I need a will in my 20s or 30s?

Many people assume wills are only for older adults or those with substantial wealth, but that isn’t the case. A will is the document that tells the court who should receive your assets when you die. Without a will, New York’s intestacy laws control who inherits, and your wishes may not be reflected. Having a will in your 20s or 30s can be especially important if you have a spouse or partner, young children or assets you want to direct to specific people.

Even if your estate is modest, you may still have bank accounts, retirement benefits, a vehicle or personal property that you want distributed in a certain way. A will also lets you name an executor to handle your estate and, if applicable, nominate a guardian for minor children. Putting these choices in writing now can provide peace of mind, and your plan can be updated as your career, family and finances grow.

What is the difference between a Health Care Proxy and a Power of Attorney in New York?

A Health Care Proxy allows you to appoint someone you trust (your “agent”) to make medical decisions for you if you become unable to make or communicate those decisions yourself. This can include choices about doctors, treatment options and health care facilities, based on what your agent believes you would want.

A Power of Attorney, by contrast, authorizes an agent to handle financial and legal matters on your behalf. Depending on how it is drafted, a Power of Attorney may allow your agent to pay bills, manage bank accounts, handle real estate transactions, deal with insurance or retirement benefits and take other actions to protect your finances if you are unavailable or incapacitated. Because these documents address different areas of your life – medical decisions versus financial and legal decisions – many people need both as part of a comprehensive New York estate plan.

What are “Article 81” and “17A” Guardianships?

In New York, “Article 81” guardianship refers to a guardianship proceeding under Article 81 of the Mental Hygiene Law. It is generally used for adults who are unable to manage personal needs and/or property management because of incapacity. An Article 81 case is tailored to the individual – meaning the court can grant a guardian only the specific powers that are necessary – after reviewing evidence and considering what is in the person’s best interests.

A “17A” guardianship refers to a guardianship proceeding under Article 17-A of the Surrogate’s Court Procedure Act. It is most commonly used for individuals with an intellectual or developmental disability. The process and standards differ from Article 81, and the authority granted can be broader. Because choosing the right type of guardianship can have significant legal and practical consequences for the person and their family, it is important to speak with an experienced New York guardianship attorney about which option fits your situation.

How can I protect my assets from the high cost of nursing home care?

Planning for long-term care is one of the most important reasons people turn to elder law counsel. Depending on your goals, your health, your timeline and the types of assets you own, there may be several strategies to help protect your savings and your home from being depleted by nursing home costs. Common planning options can include structuring assets to qualify for Medicaid benefits, using appropriate trusts (such as an irrevocable Medicaid asset protection trust), and coordinating beneficiary designations and estate planning documents so your plan works together.

Because Medicaid eligibility rules and “look-back” periods can be complicated – and because the wrong move can create delays in eligibility or unintended tax and estate consequences – it is critical to get advice tailored to your specific situation. An experienced New York elder law attorney can help you evaluate your options, implement a lawful plan and adjust it over time as your needs change.

Get Answers To Your Estate Planning Questions – Contact Us Today

Enea, Scanlan & Sirignano, LLP, serves clients in Westchester County and surrounding areas of New from offices in White Plains and Somers. To discuss your estate planning needs with an experienced attorney, call us at 914-269-2367 or reach out online.