An estate plan isn’t a one-time purchase — it’s a living document. I think of three Manhattan clients: Elena, who just married; James, newly divorced after fifteen years; and the Okafors, who welcomed their first child in a Harlem hospital last month. Each assumed their old documents still worked. Each was partly wrong.
After Marriage: Don’t Rely on the Defaults
When Elena married, New York gave her new spouse automatic protections — most notably the right of election under EPTL, which lets a surviving spouse claim a statutory share (generally the greater of $50,000 or one-third of the estate) even if the will leaves them less. But that’s a floor, not a plan. Elena’s pre-marriage will still names her sister as sole beneficiary and executor. She needs a new will under EPTL §3-2.1 reflecting her marriage, and she must update beneficiary forms on her 401(k) and life insurance, which pass outside the will and still list her sister.
After Divorce: New York Helps, But Not Completely
Here’s the good news for James: under New York law, divorce automatically revokes provisions in his will that favor his ex-spouse and nullifies her appointment as executor — the law treats her as having predeceased him. But the protection has gaps. Beneficiary designations on retirement accounts and life insurance may not be automatically updated, so his ex could still collect a six-figure 401(k) if he never changes the form. His durable power of attorney under GOL §5-1513 and health care proxy under PHL Article 29-C naming her as agent should be revoked and re-executed immediately — most people don’t want an ex deciding their medical care.
After a New Child: Guardianship Comes First
For the Okafors, the single most important addition is naming a guardian for their newborn in their wills — the only place New York lets parents nominate who raises their child if both die. Without it, a Surrogate’s Court judge decides among relatives. They should also avoid leaving assets outright to a minor; instead, a trust (often a revocable trust under EPTL Article 7) or a testamentary trust holds funds with a trustee until the child is mature. New York also protects “after-born” children not mentioned in an existing will, but relying on that statute is far riskier than simply updating the document.
The Special Needs Exception
If a new child or family member has a disability, leaving assets directly can disqualify them from government benefits. A supplemental needs trust under EPTL §7-1.12 lets you provide for them without jeopardizing Medicaid or SSI — a structure that should be built deliberately, not improvised.
A Simple Review Trigger
My rule for NYC clients: revisit your plan after any marriage, divorce, birth, death of a named person, major asset change, or move — and at least every three to five years regardless. Also confirm your numbers against New York’s 2026 estate tax exclusion of $7,350,000 and the cliff near $7,717,500, since growing assets can quietly cross that line.
Talk to a New York Attorney
Life changes faster than paperwork, and the gaps the law doesn’t fill automatically are exactly where families get hurt. After any major life event, consult a licensed New York estate planning attorney to bring your will, trusts, and beneficiary designations back in sync.
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