State law sets the framework
Wills, trusts, intestacy, and guardianship are mostly governed by state law, so the rules depend on where you live and, for real estate, where the property sits. In New York, estates are handled by the Surrogate's Court in each county, which oversees probate of wills and the administration of estates without one. A surviving spouse in New York generally has a right to claim a share of the estate even if the will says otherwise, which limits what a plan can do without a prenuptial agreement or a valid waiver. Children, by contrast, can generally be left out if the will makes that intention clear, though children born after a will is signed receive some protection. Formal signing requirements apply, and a will that was not properly executed can be challenged.
Two estate taxes, measured differently
The federal estate tax reaches only large estates, and federal legislation in 2025 kept the exemption at a high level instead of letting it drop as previously scheduled. New York has its own estate tax with a much lower threshold, and it is structured so that an estate slightly above the line can lose the benefit of the exemption altogether. New York does not impose a gift tax, but under a temporary rule that the legislature has repeatedly extended, certain gifts made within a period before death can be added back to the New York taxable estate. Portability, which lets a surviving spouse use the unused federal exemption of the spouse who died, generally requires filing a federal estate tax return even when no tax is owed, and New York does not offer the same feature. These differences shape whether trusts or lifetime gifts make sense.
Where documents and accounts meet
A large share of most people's wealth passes outside the will, through beneficiary designations, joint ownership, and accounts payable on death. Estate planning law treats these as separate transfers, so a will that leaves everything equally to three children has no effect on a retirement account that names one of them. A revocable trust can keep assets out of probate, but generally just the assets that are actually retitled into it or made payable to it. Powers of attorney and health care proxies cover decisions during life, and New York has its own statutory forms and execution rules for them. When we review a plan, we read every document and form together to see that they point in the same direction.
