Westchester County Elder Law Attorney Anthony J. Enea Advises New Yorkers to Plan Ahead to Minimize Estate Taxes
WESTCHESTER COUNTY, N.Y. / ACCESS Newswire / July 30, 2026 /Married New Yorkers may unknowingly forfeit valuable estate tax benefits if they rely on federal estate planning assumptions when developing their estate plans. According to elder law attorney Anthony J. Enea, managing partner of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y., understanding the differences between New York and federal estate tax laws is essential to preserving family wealth.
Although New York 's 2026 estate tax exemption is $7.35 million per person, unlike the federal exemption, it is not portable between spouses, making proactive estate tax planning especially important.
"Many people assume that if they 're married, any unused estate tax exemption automatically transfers to their spouse. While that 's true under federal law, it 's not the case in New York, " noted Mr. Enea, who has spent nearly 40 years protecting the rights of seniors, the disabled and their families. "Without proper planning, a married couple may lose the benefit of one spouse 's state exemption, increasing the portion of their estate subject to taxation. "
Unlike the federal estate tax exemption, New York 's exemption cannot be transferred from one spouse to another after death. As a result, spouses who hold most of these assets jointly or leave everything outright to a surviving spouse may unintentionally forfeit the first-to-die spouse 's New York estate tax exemption. In addition, New York 's "estate tax cliff " can create significant tax consequences if an estate 's value exceeds the exemption amount by more than five percent, causing the entire estate - not just the amount above the exemption - to become subject to New York estate tax.
According to Mr. Enea, several strategies may help minimize New York estate tax exposure, depending on an individual 's or couple 's circumstances. These may include properly dividing assets between spouses, incorporating credit shelter or disclaimer trusts into an estate plan, making lifetime gifts to reduce the taxable estate, owning certain property outside of New York State, or, in some circumstances, establishing residency in a state that does not impose its own estate tax.
"Once an individual 's or couple 's estate begins approaching New York 's exemption amount, it is important to consider estate tax planning strategies, " said Mr. Enea. "Even estates that fall below today 's exemption amount can eventually exceed it as assets appreciate. Taking action early is essential to help ensure an estate plan continues to meet a family 's goals over time. "
Mr. Enea 's practice areas include wills, trusts & estates, elder law, Medicaid asset protection planning, estate tax planning, Medicaid applications (home care and nursing home), special needs planning, and guardianships (Article 81 and 17-A). An "AV " Rated Preeminent Attorney (Martindale-Hubbell, since 2002), he has been listed in "Best Lawyers in America " for fifteen consecutive years, recognized as a Best Lawyers "Lawyer of the Year " in White Plains six times, and named one of Westchester County 's "Super Lawyers " annually since 2007, including being a Westchester Top 25 Super Lawyer on numerous occasions.
Enea, Scanlan & Sirignano, LLP is located at 245 Main Street, Suite 500 in White Plains and 339 Route 202, Suite 100 in Somers. For more information or to schedule a consultation, call 914-948-1500 or visit www.esslawfirm.com.
About Enea, Scanlan & Sirignano, LLP
Enea, Scanlan & Sirignano, LLP is an AV preeminent rated elder law firm with offices in White Plains and Somers, N.Y. The practice concentrates on Elder Law; Medicaid Planning; Nursing Home and Home Care Applications; Estate Tax Planning; Wills, Trusts and Estates; Guardianships; Estate Litigation; Supplemental Needs Trusts; and Special Needs Planning. Enea, Scanlan & Sirignano, LLP serves Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens and is committed to providing the highest quality legal services to seniors, the disabled and their families. Visit the firm online at www.esslawfirm.com.
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SOURCE:Enea, Scanlan & Sirignano, LLP
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