Creating an estate plan is a big step, but signing the documents is not the final stage. Over time, families, assets, and laws can change, and the people you once chose to make decisions might not be the best fit years later. We often see clients who made their wills, trusts, powers of attorney, and health care documents long ago, thinking those papers would always work. Sometimes they do, but in other cases, an old estate plan can lead to results that no longer match what you want.
At Bernard Law P.C., we usually suggest clients in Suffolk County review their estate plans every three to five years, even if nothing major seems different. Reviewing your plan does not mean you have to rewrite every document. It is about making sure your plan still matches your current family, assets, beneficiaries, decision-makers, tax situation, and where you live. For New Yorkers who spend time in both New York and Florida, regular reviews are especially important because changes in where you live or own property can affect your estate plan.
A Three-To-Five-Year Review Is A Good Starting Point
No New York statute requires someone to update a will or trust every certain number of years. A properly executed will does not become invalid simply because it is old. New York Estates, Powers and Trusts Law § 3-2.1 establishes the formal execution requirements for wills, but the passage of time alone does not invalidate an otherwise valid document.
The real concern is whether an older document still reflects current intentions. A will signed fifteen years ago may still be legally effective while naming an executor who is no longer appropriate, dividing assets in a way that no longer makes sense, or referring to a family structure that has changed substantially.
That is why we prefer to think in terms of regular maintenance rather than expiration dates. Every three to five years provides a reasonable opportunity to examine the entire plan and determine whether changes are necessary. Significant life events, however, should trigger an immediate review rather than waiting for the next scheduled checkup.
Marriage, Divorce, Births, And Deaths Should Trigger An Immediate Review
Family changes are some of the biggest reasons to look at your estate plan again. Marriage, divorce, remarriage, having or adopting a child, welcoming grandchildren, or losing a beneficiary or decision-maker can all affect what you want your estate plan to do.
New York law does provide certain protections after divorce. Under New York Estates, Powers and Trusts Law § 5-1.4, divorce generally revokes various revocable dispositions, appointments, and fiduciary nominations benefiting a former spouse, subject to statutory exceptions and the language of the governing instrument. That can affect provisions in wills, certain beneficiary arrangements, revocable trusts, and appointments of a former spouse in fiduciary capacities.
We do not recommend relying solely on the statute to repair an outdated plan. A divorce may revoke provisions concerning a former spouse, but it does not necessarily answer the larger question of who should replace that person. The same problem can arise with powers of attorney. New York General Obligations Law § 5-1511 generally terminates a former spouse’s authority as an agent following divorce or annulment unless the document provides otherwise.
After a major family change, you should review your estate plan to make sure the people you have chosen as beneficiaries, executors, trustees, agents, and other decision-makers still match your current wishes.
Review The People Named To Make Decisions
Estate planning is not only about deciding who receives property. It also requires choosing people who may exercise substantial authority during life and after death.
A person selected as executor ten years ago may now live across the country, have serious health problems, or no longer have a close relationship with the family. A trustee who once appeared appropriate may no longer be the best person to manage assets for children or grandchildren. Similar concerns apply to agents under powers of attorney and health care proxies.
Under New York Public Health Law § 2981, a competent adult may appoint a health care agent through a properly executed health care proxy. That person may eventually be responsible for making highly personal medical decisions if the principal loses decision-making capacity.
During every estate plan review, we recommend asking whether the individuals currently named are still trusted, willing, available, and capable of performing their responsibilities. We also review successor appointments because having an appropriate backup can be just as important as selecting the first person.
Significant Changes In Assets Can Make An Old Plan Inadequate
If you made your estate plan when you only had a modest home and a retirement account, it might not fit your needs anymore after years of investment growth, business success, inheritance, or buying more real estate.
New York estate-tax exposure should also be reconsidered as wealth changes. For deaths occurring during 2026, New York’s basic estate-tax exclusion amount is $7.35 million. An individual or married couple whose estate has grown substantially may therefore need planning that was unnecessary when the original documents were prepared.
What you own matters, not just how much it is worth. Buying another home, selling a business, getting a large inheritance, changing retirement accounts, or acquiring major investments can all change how your estate will be handled.
We encourage clients to review both their documents and the assets those documents are meant to cover. Even a well-written estate plan can fail if your ownership and beneficiary choices do not match up with the plan.
Snowbirds Should Review Their Plans When New York And Florida Ties Change
For clients who spend substantial time in both New York and Florida, the estate plan deserves another review whenever residency or property ownership changes materially.
Moving from New York to Florida is not simply a matter of changing an address on a document. The two states have different estate, trust, homestead, and probate laws. A New Yorker who purchases a Florida residence, declares Florida domicile, or begins spending substantially more time there should have existing documents reviewed to determine whether they continue to function as intended.
Florida law also contains its own rules affecting estate planning documents following major life changes. Florida Statutes § 732.507 addresses the effect of divorce on provisions in a will, while Florida Statutes § 736.1105 addresses certain provisions benefiting a spouse in a revocable trust following dissolution of marriage. Florida Statutes § 709.2109 separately governs termination of powers of attorney and an agent’s authority.
For snowbirds, we want the New York and Florida components of a plan working together rather than creating competing or inconsistent results. A periodic review is one of the best ways to identify those problems before they affect the family.
An Estate Plan Review Is About Confirming That The Plan Still Works
We do not believe estate planning documents should be changed simply for the sake of changing them. Sometimes a review confirms that an existing plan continues to accomplish exactly what the client wants. That is a successful review.
The concern arises when people assume that a plan created years or decades ago still reflects their present life without checking it. Family relationships may have changed, assets may have grown, beneficiaries may have died, fiduciaries may no longer be suitable, and New York or Florida legal considerations may have shifted.
A periodic estate plan review allows us to compare the documents with the client’s life as it exists today. That is ultimately the standard that matters most.
Frequently Asked Questions About Reviewing A New York Estate Plan
How Often Should I Have My Estate Plan Reviewed?
We generally recommend a meaningful review every three to five years. That does not mean every document must be replaced on that schedule. The purpose is to confirm that the plan still reflects current wishes, family relationships, assets, fiduciaries, beneficiary designations, and tax circumstances. Major life changes should prompt a review sooner.
Does A New York Will Expire?
No. A New York will does not become invalid merely because it is old. If the will was properly executed and has not been revoked or replaced, it may remain effective many years later. The more important question is whether the old will still reflects what you want today. An outdated but legally valid will can sometimes be more problematic than having recently reviewed documents because it may faithfully carry out instructions you no longer want.
Should I Review My Estate Plan After A Divorce?
Yes. New York EPTL § 5-1.4 automatically affects many provisions benefiting or appointing a former spouse after divorce, but relying solely on the statutory result is rarely the best planning strategy. The estate plan should be reviewed to determine who should replace the former spouse as beneficiary, executor, trustee, or other fiduciary. Powers of attorney should also be examined because New York General Obligations Law § 5-1511 addresses termination of a former spouse’s authority as agent.
Should I Review Beneficiary Designations At The Same Time?
Absolutely. A complete estate plan review should extend beyond the will and trust. Retirement accounts, life insurance policies, transfer-on-death arrangements, and other beneficiary-designated assets may pass independently of the will. An old beneficiary designation can therefore defeat what someone believes a newer will accomplishes. We want these arrangements coordinated rather than reviewed in isolation.
Do I Need To Change My Estate Plan If My Assets Increase?
Possibly. Significant increases in wealth can create planning issues that did not exist when the documents were originally drafted. The composition of the estate matters as well. Acquiring a business, additional real estate, substantial investments, or property in another state may justify changes even when the overall estate value has not dramatically increased. Tax exposure should also be reconsidered as the estate grows.
Should Snowbirds Review Their Estate Plans More Frequently?
We encourage New York snowbirds to review their plans whenever there is a meaningful change in domicile, property ownership, or the amount of time spent in Florida. Buying or selling a Florida residence, becoming a Florida domiciliary, or changing where financial and personal affairs are centered can create legal and tax questions that deserve attention. Documents created exclusively around a New York lifestyle may need to be coordinated with Florida law.
Schedule A Free Estate Planning Consultation With Bernard Law P.C.
An estate plan should reflect the family, assets, responsibilities, and objectives that exist today, not simply the circumstances that existed when documents were signed years ago. At Bernard Law P.C., we help clients review existing wills, trusts, powers of attorney, health care documents, beneficiary arrangements, and related planning to determine whether those documents continue to accomplish their intended purpose.
We also work with New York snowbirds whose estate planning concerns extend into Florida. When homes, residency, family members, businesses, or financial interests cross state lines, reviewing how the entire plan works together becomes especially important.
If your estate plan has not been reviewed in several years, or if marriage, divorce, retirement, a death in the family, substantial asset growth, relocation, or the purchase of a Florida residence has changed your circumstances, now may be an appropriate time to examine it.
Bernard Law P.C. is located in Shoreham, New York, and serves individuals and families throughout Suffolk County. Call our Suffolk County estate planning lawyer at Bernard Law P.C. at (631) 378-2500 to schedule a free consultation.
