You should hire an estate planning attorney when you buy a home, have children, run a business, or want to avoid probate. An attorney drafts your will, trusts, and powers of attorney so your assets pass the way you want. In New York, early planning also helps you avoid the state estate tax cliff in 2026.
Table of Contents
- What Does an Estate Planning Attorney Do?
- What Life Events Mean It’s Time to Hire One?
- Do You Need an Attorney to Avoid Probate in New York?
- How Do New York’s 2026 Estate Tax Rules Affect You?
- What Documents Will an Estate Planning Attorney Draft?
- What Happens If You Wait Too Long?
- Protect Your Family with Schisano Law
At Schisano Law, attorney Richard Schisano has guided individuals and families across Orange County and the Hudson Valley since 1980. Estate planning is one of the firm’s core practice areas. This guide explains when to hire an estate planning attorney, what one does, and how a strong plan protects the people you love.
What Does an Estate Planning Attorney Do?
An estate planning attorney helps you decide who gets your assets and when. This lawyer drafts the legal instruments that carry out your wishes. The estate planning process starts with a simple conversation about your goals.
An estate planning attorney can:
- Draft your will and set up a trust
- Prepare powers of attorney and healthcare directives
- Build a strategy to minimize estate tax
- Name a guardian for minor children
- Plan for long-term care and disability
- Help your family avoid probate
Estate planning attorneys help you look past today. They map out how your estate passes to each beneficiary. Good counsel gives you an objective view of your options. The lawyer then tailors the plan to your life, not a template. The plan can also lower your family’s tax burden and cut the chance of a dispute later.
Every client is different. So every plan is different. That leads to the real question. When is the right time to call one?
What Life Events Mean It’s Time to Hire One?
Certain moments call for legal counsel. You should hire an estate planning attorney when you:
- Buy a home or other real estate
- Have a child or grandchild
- Get married or divorced
- Start, grow, or sell a business
- Receive an inheritance
- Get a serious diagnosis
- Reach retirement age
Each event changes how you want to distribute your assets. A revocable trust may fit a growing family. Irrevocable trusts may shield assets from long-term care costs. A special needs trust can support a child with a disability and still let them qualify for benefits.
Business owners have added concerns. A plan can handle succession and limit liability when you pass the company to the next generation. The goal stays the same. Your plan should match your life. When life changes, your estate plan should change too.
Do You Need an Attorney to Avoid Probate in New York?
Probate is the court process that settles an estate after death. The probate process can be slow. It can also be public and costly.
In New York, probate runs through the Surrogate’s Court in your county. The court validates your will and appoints an executor. Creditors get notice. Heirs get notice. The process can take months, and longer if someone objects.
A will alone does not avoid probate. A will still goes through the court. To avoid probate, many people use a revocable trust. You act as grantor and move assets into the trust. Those assets then pass to your beneficiaries without a court proceeding.
An estate planning attorney can:
- Set up a revocable trust and fund it correctly
- Title your financial assets the right way
- Name beneficiaries on your accounts
- Keep your affairs private
Handled well, this transfers wealth efficiently. Your loved ones save time and stress. Done wrong, a trust can fail and land your estate back in court. That is why skilled counsel matters. New York adds one more layer. The tax rules.
How Do New York’s 2026 Estate Tax Rules Affect You?
New York has its own estate tax. It is separate from the federal estate tax.
For 2026, the federal estate tax exemption is $15 million per person. A married couple can protect up to $30 million. Most estates fall below that line and owe no federal tax.
New York is far stricter. For deaths in 2026, the New York exemption is $7,350,000. The top New York rate reaches 16%.
New York also has a “cliff.” Go more than 5% over the exemption, and you lose it completely. Your whole estate gets taxed, not just the amount above the line. In 2026, that cliff hits at about $7,717,500. New York does not allow portability between spouses either.
Here is how the cliff bites. Say your estate is worth $7,350,000. You owe no New York estate tax. Now say it grows to $7,720,000. You cross the cliff. The state now taxes the full amount, not just the extra. That small gain can cost your heirs a large tax bill.
This is where planning pays off. An estate planning attorney can:
- Build trusts that use each spouse’s exemption
- Use charitable gifts to stay under the cliff
- Set up family limited partnerships to transfer wealth
- Minimize tax on the distribution of assets
The gap between the federal and state exemption is wide. Careful drafting keeps more of your estate with your family and less with the state.
What Documents Will an Estate Planning Attorney Draft?
A solid plan uses several documents. Each one has a job. Your attorney will outline which ones fit your situation.
Common estate planning documents include:
- Last will and testament. Names who inherits and who serves as executor.
- Revocable trust. Holds assets and helps avoid probate.
- Durable power of attorney. Lets someone manage your finances if you become incapacitated.
- Healthcare directive. States your medical wishes and names a decision-maker.
- Living wills. Spell out the care you do or do not want.
- Guardianship designation. Names who raises your minor children.
Your attorney confirms that each document meets New York law. A small error can void a document. Precision protects your plan and your beneficiaries.
These tools give you peace of mind. Your family knows your wishes. Your assets pass with less conflict and less delay.
What Happens If You Wait Too Long?
Delay is the biggest risk in estate planning. Life does not wait for a signed document.
Die without a will, and New York decides who inherits. State law follows a fixed order of descendants. Your preferences do not count. A partner, a friend, or a charity may receive nothing.
Waiting can also spark a dispute. Family members may contest the estate. Estate litigation is costly. It can divide a family for years. A clear plan, drafted by a litigator who knows how these fights start, lowers that risk.
Lose capacity without a durable power of attorney, and your family may need a court guardianship. That proceeding takes time and money. Early planning avoids it. The best time to plan is now, while you are healthy and able to choose.
Also read: Is It Worth Hiring a Bankruptcy Lawyer?
Start Your Estate Plan Today
Your estate plan is a gift to the people you love. It settles who gets what. It cuts tax. It keeps your family out of court.
Schisano Law handles estate planning matters for individuals and families across Newburgh, Orange County, and the Hudson Valley. Attorney Richard Schisano brings 45 years of experience to every plan. He is responsive, thorough, and focused on practical results for each client.
Call Schisano Law today at (845) 562-1515 for a free consultation. Let us build a plan that protects your assets and your loved ones