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Commonly Asked Questions about New York Estate Planning

A trust can give you more control over how your assets are distributed among your beneficiaries. Using a living trust could help your family save time and money, while protecting your privacy.
Please note that fees can range between $1000 to $3000 for just a regular plan, and the regular plan includes will planning, using the power of attorney, and anything to do with health care benefits.
Without a will, New York intestate laws dictate how assets will be distributed to the heirs. The general rule of this framework is that assets are distributed to relatives ing to their relationship to the person who died.
New York law forbids residents from completely disinheriting a surviving spouse. If a person is legally married at the time of their death, their spouse will automatically inherit a percentage of their assetseven if the spouse has been intentionally excluded from the deceased persons will or trust.
The order of priority generally is a spouse and children, parents and brothers and sisters. However, these rules can be very complex and proof of kinship can be difficult.
Who Gets What in New York? If you die with:heres what happens: spouse but no descendants spouse inherits everything spouse and descendants spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else parents but no spouse or descendants parents inherit everything2 more rows
New York Estate Tax Exemption The New York estate tax threshold is $6.94 million in 2024 and $6.58 million in 2023. That number will keep going up annually with inflation. This means that if a persons estate is worth less than $6.94 million and they die in 2024, the estate owes nothing to the state of New York.