New York Estate Planning Lawyer

Thinking about creating or updating your estate plan? Contact the Law & Mediation Office of Bracha Etengoff to get started. Consultations are available by video or at our Manhattan office. Home visits may also be possible.

Estate planning isn’t just for people with significant assets — it’s a valuable tool no matter your age or net worth. A well-drafted, enforceable plan benefits nearly everyone. As you begin, we’ll discuss your specific needs and which documents will protect you and your family. That might mean naming a guardian for your children in case something happens to you, or arranging for a friend or relative to care for a pet.

A good estate plan also protects you while you’re still living. You can appoint someone to manage your finances if you become incapacitated, and let your doctors know your wishes for medical treatment and end-of-life care.

At the Law & Mediation Office of Bracha Etengoff, you’ll get personalized attention from your first conversation with us. We walk you through every option so you can make an informed decision about the plan that’s right for you, and we make sure you understand each step along the way.

Call us today at (347) 640-0993 to schedule your estate planning consultation.

Common Documents in an Estate Plan

Whether you’re building a new plan or updating an existing one, four documents typically form the foundation:

• Will – Outlines your final wishes, names a guardian for minor children, and directs how your assets are distributed.
• Power of Attorney – Appoints someone to handle your financial and legal affairs, which can help you avoid a court proceeding if you become incapacitated.
• Healthcare Proxy – Authorizes someone to make medical decisions on your behalf if you’re unable to make them yourself.
• Living Will – Spells out the care you’d want if you can’t speak for yourself — for instance, guiding your medical team’s decisions if an accident leaves you in a coma.

We’ll walk you through each of these options, explain the tradeoffs, and help you understand every document before you sign. We’re also glad to coordinate with your financial advisor to streamline paperwork, and we’ll advise you on keeping your documents current down the road.

Understanding the Elements of Estate Planning

Each document in your plan serves a distinct purpose and should be tailored to your specific circumstances.

Will

The person creating a will (the testator) names beneficiaries to receive their assets, and appoints an executor to carry out the will’s instructions through the probate process. Assets can include:

• Personal items, such as jewelry
• Real estate
• Motor vehicles
• Bank accounts and cryptocurrency
• Stocks and bonds
• Artwork
• Copyrights

A will can also name a guardian for minor children, and may include a trust with an appointed trustee to manage assets on their behalf — whether that’s the same person as the guardian or someone else, depending on what fits your family. The trustee can release funds for a child’s education and other needs, with the remainder typically passing to the child in stages as they get older.

If you’ve remarried and have children from a prior marriage, a spousal trust is often built into the will — providing for your spouse during their lifetime while ensuring your own children ultimately inherit the remaining assets.

For special needs trusts, life insurance trusts designed to reduce estate taxes, and other advanced strategies, see our Advanced Estate Planning page.

Power of Attorney

A power of attorney gives someone the authority to manage your financial and legal affairs, potentially sparing you a guardianship proceeding if you’re incapacitated. We’ll help you decide what powers to grant and what limits to set.

If your existing power of attorney is older, it’s worth updating — New York’s statutory form changed in 2010 and again in 2021, so an outdated version may not be recognized quickly by financial institutions.

Healthcare Proxy

A healthcare proxy names someone to make medical decisions for you if you can’t make them yourself. Choose an agent who can navigate the healthcare system, advocate effectively on your behalf, and honor your personal or religious wishes around treatment.

Living Will

A living will documents your preferences for care in specific situations — a traumatic injury, coma, cognitive illness, or terminal diagnosis. It’s a strong option if you’d rather leave detailed written instructions than rely on your healthcare agent’s judgment alone.

Unlike a last will and testament, a living will takes effect while you’re still alive but unable to communicate your wishes; a medical provider must first determine that you’re incapacitated or unable to speak for yourself.

Frequently Asked Questions

Do I need an estate plan if I don’t have many assets?
Yes. Estate planning isn’t only about distributing wealth — it’s about making sure the right people can make decisions for you and your family if something unexpected happens. Even a modest estate benefits from a will, a power of attorney, and a healthcare proxy.

What’s the difference between a will and a power of attorney?
A will takes effect after you pass away and directs how your assets are distributed. A power of attorney takes effect while you’re alive and lets someone you trust manage your financial and legal affairs if you’re unable to.

Do I need a lawyer to create a will in New York?
New York doesn’t require an attorney to draft a will, but a vague, contradictory, or improperly executed will may be challenged in court. Working with an experienced estate planning lawyer helps ensure your documents are valid, enforceable, and reflect your actual wishes.

How often should I update my estate plan?
Review your plan after major life events — marriage, divorce, the birth of a child, a significant change in assets, or the death of a named executor, guardian, or agent – and every 5 years. It’s also worth revisiting your power of attorney periodically, since New York’s statutory form has changed over time and older versions may not be recognized quickly by financial institutions.

Can I name a guardian for my pets in my estate plan?
Yes. Many people include provisions naming a caregiver for a pet and setting aside funds for their care.

What happens if I die without a will in New York?
Your assets are distributed according to New York’s intestate succession laws, which follow a fixed order of priority among relatives — not necessarily what you would have chosen. Having a will lets you control that outcome instead.

Do I need both a healthcare proxy and a living will?
They serve different purposes. A healthcare proxy names a person to make medical decisions for you, while a living will spells out your specific wishes in situations like a coma or terminal illness. Many clients choose to have both, so their agent has clear guidance and legal authority.

Contact a New York Estate Planning Lawyer Today

Creating your estate plan is a decision worth entrusting to an experienced attorney. At the Law & Mediation Office of Bracha Etengoff, you’ll be guided through every step, with a plan built around your goals and your family’s future.

Call us at (347) 640-0993 to schedule a consultation and create or update your estate plan. We can meet by video, in our Manhattan office, or in your home or office.