Together for 50 Years, Legally Strangers: NYC Estate Attorney Lists Common Estate Plan Gaps

From unmarried partners to the family pet, the Law Offices of Vlad Portnoy says the biggest gaps are the ones people never think to ask about

New York, United States, 27th Oct 2026 - A couple can live together for 50 years in New York and the surviving partner can still inherit nothing. It is one of several gaps the Law Offices of Vlad Portnoy, a Manhattan estate planning, probate and elder law firm, sees regularly, and one that families often discover only after a death.

The firm identified five things New Yorkers most often leave out of their plans:

1. An unmarried partner. New York does not recognize common-law marriage, so a long-term partner is not a legal spouse. The firm has handled a case involving a couple together for 50 years. "They're always shocked," says attorney Vlad Portnoy. Without a will naming the partner, the law does not treat them as family.

2. The family pet. Many owners assume a will takes care of their pet, but probate in New York can take months, and a pet needs food and shelter the same day. Without a plan, no one may even know there is an animal in the apartment. The firm uses pet trust provisions, along with naming someone to be notified, so the animal is looked after right away.

3. Digital assets, including crypto. Digital assets should be addressed in a will, but never with account names or passwords. A will is private only until death. According to the New York State court system, "Once the Will is admitted to probate or a small estate, it becomes a public document that anyone can see and read."

4. Beneficiaries that are out of date. Beneficiaries named in a will, and on accounts and policies that pass outside it, should be reviewed at least once a year and after any major life change. The consequences of skipping this can be serious and, as the firm puts it, keep "backfiring long after" the person has died.

5. Do-it-yourself documents. "DIY is rarely a good thing in anything," says Portnoy. A trust can affect taxes, asset protection and public benefits such as SSI and Medicaid, and a document can fail over a missing formality, as small as one overlooked requirement. The firm has seen wills, trusts and powers of attorney fail this way. In Medicaid planning, Portnoy says, a poorly done DIY plan can cost hundreds of thousands of dollars.

New Yorkers who want to check their plan can find more information at our estate planning and Medicaid planning pages.

About the Law Offices of Vlad Portnoy, P.C.The firm is an estate planning, probate and elder law practice with offices in Manhattan, New York, and Hackensack, New Jersey, serving families across all five New York boroughs and Bergen County. Services are offered in English, Russian and Spanish. Its work includes wills, trusts, special needs planning, Medicaid planning, guardianship and estate administration.

Contact Details

Organization: Law Offices of Vlad Portnoy

Contact Person: Vlad Portnoy

Website: https://nywillsandestates.com/

Email: Send Email [https://dashboard.kingnewswire.com/release-contact/50176]

Contact Number: +12129206371

Address: 450 7th Ave #1500 New York, NY 10123

City: New York

State: New York

Country: United States

Release Id: 27102650176

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