Common Estate Planning Mistakes to Avoid (Brooklyn Checklist)

Estate planning errors rarely show up while you are alive. They surface later, in Kings County Surrogate’s Court, while your family is grieving. Use this practical checklist to catch the mistakes Brooklyn families make most often.

1. Relying on no plan at all

If you die without a valid will, New York’s intestacy rules (EPTL Article 4) decide who inherits, not you. For many Brooklyn households, this means assets split between a spouse and children in fixed shares, even when that creates friction over a co-op or a family home in Bay Ridge or Flatbush. A simple will lets you choose instead of letting a statute choose for you.

2. A will that fails the formalities

New York is strict about execution. Under EPTL §3-2.1, your will must be signed at the end, witnessed by two people, and properly attested. DIY forms downloaded online frequently miss a step, and an improperly witnessed will can be rejected entirely. The cost of a do-over is paid by your heirs, not you.

3. Forgetting beneficiary designations

Retirement accounts, life insurance, and many bank accounts pass by beneficiary designation, not by your will. A Brooklyn resident who names an ex-spouse on a 401(k) from a decade ago will send that money to the ex, no matter what the will says. Review every designation, including the contingent beneficiary.

4. Assuming a revocable trust saves taxes

A revocable living trust (EPTL Article 7) avoids probate and keeps things private, but it does not reduce estate tax. Only irrevocable structures, used carefully, move assets out of your taxable estate. If you have been told a revocable trust will cut your tax bill, get a second opinion.

5. Ignoring the New York estate tax cliff

For 2026, the New York estate tax exclusion is $7,350,000. New York has a notorious “cliff”: estates valued above 105% of the exclusion (roughly $7,717,500) lose the exemption entirely and are taxed on the full estate. With Brooklyn brownstone and co-op values where they are, estates that feel modest on paper can drift toward that line. Plan before you cross it.

6. Naming the wrong people, or no backups

An executor who lives across the country, a healthcare agent who cannot be reached, an unfunded power of attorney, all create delay. Name a durable power of attorney (GOL §5-1513) and a health care proxy (PHL Article 29-C), and always name alternates in case your first choice cannot serve.

7. Leaving an inheritance unprotected

Handing a young or financially fragile heir a lump sum invites trouble. Trusts let you stagger distributions or appoint a trustee. For a disabled loved one, a supplemental needs trust (EPTL §7-1.12) preserves benefits that an outright gift would destroy.

8. Signing and forgetting

Marriage, divorce, a new child, a property sale, or a move out of Brooklyn can all break an old plan. Review your documents every few years and after any major life change.

Consult a New York attorney

Estate law in New York is technical, and small drafting or funding errors can undo good intentions. Before relying on any plan, speak with a licensed New York estate planning attorney familiar with Kings County Surrogate’s Court practice. This article is general information, not legal advice.