After years of watching New York City families navigate Surrogate’s Court, the same avoidable mistakes surface again and again. A plan on paper means little if it fails when it is tested. Here are the errors that most often derail estate plans in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — and how to sidestep them.
Mistake 1: Having No Plan at All
Die without a valid will in New York and your assets pass under intestacy rules in EPTL Article 4. That formula may split your estate between a spouse and children in ways you never intended, and it gives you no say over who raises your minor children. For unmarried partners — common across NYC — intestacy provides nothing at all.
Mistake 2: A Will That Fails the Formalities
New York enforces strict execution rules under EPTL §3-2.1: two witnesses, proper signatures, and the right sequence. Handwritten or online wills frequently miss these steps. A will that cannot be admitted in Surrogate’s Court is no better than no will, and contesting one is expensive and slow.
Mistake 3: Creating a Trust but Never Funding It
A revocable living trust under EPTL Article 7 only avoids probate for the assets actually titled in its name. The single most common trust mistake is signing the document and leaving the brownstone, the brokerage account, or the co-op shares in your own name. An unfunded trust sends those assets straight back to Surrogate’s Court.
Mistake 4: Expecting a Revocable Trust to Cut Taxes
Many New Yorkers assume any trust shields them from estate tax. A revocable trust does not — it remains part of your taxable estate. Tax and Medicaid planning generally require an irrevocable trust, and Medicaid carries a five-year look-back, so transfers must be made well before care is needed.
Mistake 5: Ignoring the New York Estate Tax Cliff
The 2026 New York estate tax exclusion is $7,350,000. The trap is the cliff: once an estate exceeds about $7,717,500 (105% of the exclusion), the exclusion vanishes and the entire estate is taxed. NYC real estate appreciation pushes more families over this line than they realize, so monitor your net worth.
Mistake 6: Using an Outdated Power of Attorney
New York’s statutory power of attorney was modernized under GOL §5-1513. Banks across the city routinely reject old forms. If your agent cannot use the document when you are incapacitated, your family may need a costly guardianship proceeding.
Mistake 7: Forgetting Health Care Decisions
A health care proxy under PHL Article 29-C is easy to overlook until a hospital asks who decides. Without one, no one is clearly authorized to direct your care.
Mistake 8: Letting Beneficiary Forms Go Stale
Beneficiary designations on retirement and insurance accounts override your will. Naming an ex-spouse or a deceased relative and never updating it is one of the costliest oversights we see.
Talk to a New York Attorney
Every one of these mistakes is preventable with a properly drafted, maintained plan. This is general information, not legal advice. Consult a licensed New York estate planning attorney to review your documents and close these gaps.
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