Most people don’t reach out to an estate planning attorney because they’re eager to think about death or incapacity. They do it because something has changed — a new child, a home purchase, a marriage, a parent’s declining health — and they realize that having a plan in place would mean one less thing for their family to worry about. That’s often where estate planning begins: not with urgency, but with a quiet recognition that it matters.
In New York, estate planning involves a specific set of legal tools and a legal framework — the Estates, Powers and Trusts Law (EPTL) — that shapes how documents are created, how property passes, and what role the courts play when someone dies. Working with an attorney who understands that framework can make a meaningful difference in how well a plan actually functions when it’s needed.
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
Alan D. Khalfin, Esq.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help — no matter what."
What documents are included in an Estate Plan?
Why New York's Legal Environment Shapes Estate Planning Decisions
Not all states approach estate planning the same way, and New York has a number of distinctive features that affect how families plan and what they need to consider.
New York Has Its Own Estate Tax
New York is one of relatively few states with a state-level estate tax separate from the federal one. The New York State Department of Taxation and Finance administers this tax, and the state’s exemption threshold differs from the federal exemption — meaning some estates that owe no federal tax may still owe New York estate tax. For families with larger estates or significant real property in the state, understanding how both layers of taxation interact is an important part of the planning conversation.
Surrogate’s Court Plays a Central Role
When a New York resident dies, their estate often comes under the jurisdiction of the Surrogate’s Court — a specialized court that exists in each of New York’s 62 counties and handles probate proceedings, administration of estates, and related matters. New York City’s five boroughs each have their own Surrogate’s Court, and upstate counties are similarly served through their county courthouses. Understanding how Surrogate’s Court fits into the process — and when it can be minimized through proactive planning — is a meaningful part of what a New York estate planning attorney brings to the table.
New York’s Execution Requirements Are Specific
New York law sets out particular requirements for how estate planning documents must be signed and witnessed to be legally valid. A will, for example, must be signed in the presence of at least two witnesses under NY EPTL Article 3. Trust execution requirements are addressed in NY EPTL § 7-1.17. Documents drafted informally — or signed without meeting these requirements — may not hold up when they’re needed most.
What a New York Estate Planning Attorney Helps With
The practical work of estate planning involves more than filling out forms. An attorney helps a client think through their situation, identify what they actually want to accomplish, and build a coordinated set of documents that reflects those goals within the boundaries of New York law.
Understanding What You Have and What You Want
The planning process typically begins with a conversation about your family, your assets, and your priorities. Are you most concerned about providing for a surviving spouse? Ensuring minor children have a guardian? Keeping real estate in the family? Minimizing delays for your heirs? The answers to those questions shape which tools are most appropriate.
Not every family needs every document. A single person with modest assets and a clear sense of who should inherit may need a straightforward will, a durable power of attorney, and a health care proxy — a document that designates someone to make medical decisions on your behalf, governed by NY Public Health Law Article 29-C. A family with a blended household, real estate holdings, or a member with special needs may benefit from a more comprehensive plan that includes a revocable living trust or other structures.
Coordinating Documents With Other Assets
One aspect of estate planning that is easy to overlook is that a will doesn’t control everything. Retirement accounts, life insurance policies, and jointly held property often pass by beneficiary designation or operation of law — outside of the probate process entirely, regardless of what a will says. A well-structured plan accounts for these assets alongside the formal documents, so that the overall picture is coherent.
An estate planning attorney can help identify gaps or conflicts — such as beneficiary designations that haven’t been updated after a divorce, or a trust that was created but never funded with the assets it was meant to hold.
Planning for Incapacity, Not Just Death
A complete New York estate plan addresses not only what happens when you die, but what happens if you become unable to manage your own affairs. A durable power of attorney authorizes a trusted person to handle financial matters on your behalf if you cannot. A health care proxy gives someone legal authority to communicate with doctors and make medical decisions. An advance directive — sometimes called a living will — documents your specific preferences for medical treatment in certain situations. Information on advance directives is available through New York Health.
Without these documents, family members who want to act on a loved one’s behalf may face court proceedings to establish guardianship or conservatorship — a process that is both time-consuming and emotionally difficult. Having clear documents in place eliminates most of that uncertainty.
What you can expect
from Vaksman Khalfin Estate Planning Attorneys
Free Consultation
Our goal is for each client to have an opportunity to secure their estate. That is why your Vaksman Khalfin journey begins with a no-obligation free confidential consultation. This free session provides an opportunity to understand your unique needs, discuss your concerns, and establish how we can assist you towards achieving your estate planning goals.
Flexible Pricing
We understand that everyone's financial situation is different. Moreover, everyone may have different estate planning needs. With this in mind, we offer flexible pricing structures to ensure our quality legal services are accessible to all. Our goal is to provide exceptional value, at a cost that makes sense for your personal circumstances.
Safe Access to Your Documents
Your estate planning documents are important and should be readily accessible when you need them. To ensure the security of these documents, we provide safe and easy access to your files at any time.
Personal Support
A dedicated attorney and case manager will be assigned to your case to ensures a personal and concerted approach to your legal matter. This focused support provides a direct point of contact, personalized attention to your case, and ensures the swift resolution of any concerns or issues that may arise.
Our Difference
“Simply stated, we have a process.”
Using our combined expertise, we will analyze your matter to design a strategy by using the broadest array of legal resources available, while continuously being mindful of costs.
We will provide original, innovative solutions, drawing upon our deep knowledge of advanced strategies in order to present a comprehensive plan for your needs, in a systematic, practical and client-friendly manner.
While designing a strategy calls on creative skills, plan implementation relies entirely on strong management. Each client is represented by a team of at least 2 attorneys and 2 staff members. Although it may seem like cost-savings for a client to work with an attorney 1-1; not only does it not cut costs, but it often results in critical errors or omissions in the representation. Through proper management and team-work, we aim to delivery exceptional and efficient legal services, while exceeding our clients’ expectations.
We are interested in creating lasting relationships with our clients, and our forward-thinking approach allows our team to fully understand your unique needs on an ongoing basis. Inquire about our Membership Plan for more information.
How it works
We will fight for your rights.
Complimentary consultation
Complimentary phone or Zoom meeting with our law firm to answer any questions and discuss our process.
Working with a Legal team
Work with us through an easy and secure process to design your custom plan.
Confirm and sign your documents
We draft your plan for your review. Once confirmed, we’ll provide you a binder with final documents for you to sign.
Who Benefits From Estate Planning in New York
Estate planning is often associated with older adults or people with significant wealth. In practice, it is useful at many different life stages and in many different circumstances.
Parents of minor children have a particularly important reason to plan: a will is the primary vehicle for naming a guardian — the person who would care for your children if both parents were to die or become incapacitated. Without a will, this decision is left to the courts.
Unmarried partners in New York do not have automatic inheritance rights under state law. The EPTL’s intestacy provisions — which determine who inherits when someone dies without a will — follow a formula based on legal family relationships. An unmarried partner, regardless of the length or nature of the relationship, does not inherit under that formula unless named in a will or other estate planning document.
Blended families often face complexity that a default legal outcome does not handle well. A surviving spouse may have different interests than children from a prior relationship, and planning in advance allows a family to define those arrangements deliberately rather than leaving them to a statutory formula.
People who own real property in New York — particularly in New York City, where property values may be significant — may benefit from planning that addresses how that property will be managed, transferred, or sold, and whether doing so through probate or a trust better serves the family’s goals.
Anyone who cares about who makes decisions for them in a medical emergency benefits from a health care proxy, regardless of age or asset level.
Key Planning Considerations for New York Families
The Role of Probate and When to Minimize It
Probate in New York is the court-supervised process through which a will is validated and an estate is formally administered. It takes place in the Surrogate’s Court and is governed by the Surrogate’s Court Procedure Act (SCPA). For some families, probate is a straightforward process. For others — particularly those with contested documents, out-of-state property, or a large number of beneficiaries — it can involve meaningful time and expense.
Tools like revocable living trusts, beneficiary designations, and joint ownership with right of survivorship can allow certain assets to pass outside of probate entirely. Whether those tools are appropriate depends on the family’s specific circumstances, assets, and goals.
Intestacy: What Happens Without a Plan
If a New York resident dies without a valid will, the EPTL’s intestacy provisions under NY EPTL Article 4 determine who inherits. The law follows a statutory formula based on family relationships — generally prioritizing a surviving spouse and children, then more distant relatives. This formula applies regardless of informal wishes, verbal understandings, or the nature of personal relationships.
For families whose circumstances don’t fit neatly into that formula — unmarried partners, close friends, chosen family, charitable causes — dying without a will means those relationships go unrecognized in the distribution of assets.
Federal and State Estate Tax Interaction
New York residents with larger estates may need to consider how both the federal estate tax (administered by the IRS) and the New York state estate tax interact in their planning. Because the two systems have different exemption thresholds and structures, strategies that address one may have implications for the other. This is an area where a New York estate planning attorney familiar with both layers of taxation can help families think through their options.
When to Revisit Your Estate Plan
Creating an estate plan is not a one-time task. Life changes, laws change, and a plan that worked well five years ago may not reflect your current situation or wishes. There is no fixed rule about how often to review a plan, but common triggers include:
- Marriage or divorce
- The birth or adoption of a child or grandchild
- The death of a named executor, trustee, or beneficiary
- A significant change in assets — including inheriting property or selling a business
- Moving to or from New York (documents valid in one state may not meet New York’s requirements)
- A change in your relationship with a named agent or guardian
- Significant changes to New York or federal estate tax law
Even without a triggering event, many families find it useful to review their plan periodically — every few years — to confirm that it still reflects what they want and that the people named in it are still appropriate choices.
How We Work With New York Families
Our New York estate planning attorneys work with families to create plans that are thoughtful, clearly documented, and appropriately tailored to their circumstances. We take the time to understand what matters most to each family — and then work to reflect those priorities in documents that meet New York’s legal requirements and hold up over time.
Our work in this area includes drafting wills, revocable living trusts, powers of attorney, and health care proxies; advising on how New York’s estate tax may affect a particular estate; and helping families revisit and update existing plans as their circumstances change. We also work closely with our trust administration team when an estate plan moves from planning into active administration following a death.
Whether you are creating an estate plan for the first time or revisiting one that has not been reviewed in some time, we are available to help. Learn more about our New York practice now.
Take the Next Step
Estate planning doesn’t have to be complicated to get started. A single consultation can help clarify what you need, what New York law requires, and what options make the most sense for your family. We’re here to make that conversation straightforward.
Schedule a free consultation or reach us through our contact page.
WHAT OUR CLIENTS SAY
"I was referred to Vaksman Khalfin for Estate Planning. After working together for a year (the delays were all mine), I can vouch that their team is fantastic to work with. They’re cost-effective, efficient, knowledgeable and always willing to answer questions, explore options and explain legal concepts."
"My wife and I had a very good experience working remotely with Vaksman Khalfin on our Living Trust, Will, Healthcare Directives, etc. done with a fixed fee package. The process was streamlined end-to-end. All of our questions were answered promptly by phone or email. I highly recommend this law firm!"
"Vaksman Khalfin deserves great reviews. They helped my family during a very difficult time and they did so with compassion and dedication. No matter how many questions I posed (sometimes the same one several times), I received quick and clear responses. Our documents were delivered on time and thoroughly explained."
Estate Planning Lawyer New York
Frequently Asked Questions
An estate planning attorney helps you identify your goals, understand how New York law applies to your situation, and create a coordinated set of legal documents — such as a will, trust, power of attorney, and health care proxy — that reflect your wishes. They also help ensure that your documents meet New York's specific execution requirements and that your overall plan accounts for assets like retirement accounts and life insurance that pass outside of a will.
New York does not require an attorney to draft a will, but the state's execution requirements — including witness signatures — are specific, and documents that don't meet them may not be valid. Beyond execution, a will that doesn't account for all of your assets, that names only primary beneficiaries without alternates, or that conflicts with existing beneficiary designations may not accomplish what you intend. An attorney can help identify and avoid those gaps.
There is no minimum age, but several life events make estate planning particularly relevant: becoming a parent, purchasing real property, getting married or divorced, starting a business, or becoming responsible for the care of an aging parent. Adults of any age who want to designate someone to make medical decisions for them should have at least a health care proxy in place.
A foundational New York estate plan typically includes a last will and testament, a durable power of attorney, and a health care proxy. Many families also include an advance directive documenting their preferences for medical treatment. Depending on a family's circumstances and goals, a revocable living trust may also be appropriate. The right combination varies based on assets, family structure, and priorities.
Not necessarily in full. Documents created in another state may not meet New York's specific execution requirements, and they may not reflect New York law on issues like intestacy, the elective share for surviving spouses, or Surrogate's Court procedure. If you have recently moved to New York — or if you spend significant time in New York and own property here — it is worth having your existing documents reviewed by a New York estate planning attorney.
For a straightforward plan — a will, power of attorney, and health care proxy — the process can often be completed within a few weeks from the initial consultation. More complex plans involving trusts, business interests, or detailed distribution arrangements may take longer, depending on the complexity of the decisions involved and how quickly documents can be finalized and executed.
