The Estate Planning Documents Every Brooklyn Adult Needs

You do not need a fortune to need an estate plan. Every adult in Brooklyn, from a recent graduate renting in Crown Heights to a retiree who owns a brownstone, benefits from a handful of core documents. They decide who inherits, who makes decisions if you cannot, and whether your family avoids unnecessary trips to Kings County Surrogate’s Court. Here is the essential checklist.

1. A Last Will and Testament

Your will names who inherits your property and who serves as executor. To be valid in New York it must meet the formalities of EPTL 3-2.1: you sign it, and two witnesses sign within a reasonable time. Without a will, the intestacy rules of EPTL Article 4 decide who inherits, which may not match your wishes at all. A will is also where parents name a guardian for minor children.

2. A Durable Power of Attorney

This document lets a trusted agent manage your finances, pay your bills, and handle accounts if you become incapacitated. New York overhauled its statutory form under GOL 5-1513, and using the current form correctly matters because banks reject outdated or improperly executed versions. Without it, your family may have to petition a court for guardianship, a slow and costly process.

3. A Health Care Proxy

Under Public Health Law Article 29-C, a health care proxy names the person who makes medical decisions for you when you cannot speak for yourself. Pair it with a living will that states your wishes about life-sustaining treatment. For unmarried adults especially, this document ensures the right person, not a default relative, is at the table in a Brooklyn hospital.

4. Updated Beneficiary Designations

Retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary designation, not by your will. These quietly control a large share of most people’s wealth. Review every form, name primary and contingent beneficiaries, and make sure they align with the rest of your plan.

Do You Also Need a Trust?

A trust is not part of the baseline for everyone. A revocable living trust under EPTL Article 7 can keep assets out of Surrogate’s Court probate and add privacy, though it provides no estate tax savings by itself. An irrevocable trust may help with estate tax or Medicaid planning, but be aware of the five-year look-back for nursing home Medicaid. A supplemental needs trust under EPTL 7-1.12 protects a loved one with disabilities without jeopardizing benefits.

Know the Tax Threshold

For 2026 the New York estate tax exclusion is $7,350,000. Watch the “cliff”: once a taxable estate exceeds about $7,717,500, the entire estate becomes taxable, not just the amount above the exclusion. Most Brooklyn families fall under the threshold, but rising real estate values can change that.

Your Quick Checklist

• Sign a valid will and name an executor.
• Execute a current New York power of attorney.
• Complete a health care proxy and living will.
• Update every beneficiary designation.
• Store originals safely and tell your agents where they are.

A Note Before You Proceed

These four documents are the foundation, but the right details depend on your family and assets. This is general information, not legal advice. A qualified New York estate planning attorney can prepare documents that are valid, current, and tailored to you.