A few years ago, a client came to my Manhattan office with her late father’s will. He was a successful business owner, and the will had been drafted by his corporate lawyer—an excellent attorney, but one who spent his days negotiating contracts, not planning legacies. The document looked professional, but it contained a critical flaw in how a trust for his grandchildren was structured. That single error would have triggered unnecessary taxes and, worse, a family dispute destined for Surrogate’s Court. The family came to us to fix what could be fixed, but the episode was a reminder: not all lawyers should write wills.
The Generalist vs. The Estate Planner
Many attorneys can produce a document that looks like a will. A real estate lawyer can do it. So can a family lawyer. But that is not the same as engaging in estate planning. A general practitioner sees a will as a static document—a set of instructions for distributing assets. An experienced estate planning attorney sees it as one component of a generational strategy.
The difference is in the questions we ask. A generalist might ask, “Who gets the house?” We ask, “What is the most prudent way to transfer the house to protect it from creditors, minimize tax liability, and ensure family harmony?” We discuss contingencies. What happens if your chosen executor passes away before you do? What if one of your children is financially irresponsible or in a difficult marriage? What provisions should be made for a child with special needs without jeopardizing their government benefits?
This is not about filling in a template. It is about foresight. It is about understanding the family dynamics and financial situations that define a life. The goal is not just to write a will—it is to build a plan that works when your family needs it most.
The Letter of the Law—and Its Spirit
New York’s laws governing wills and estates are precise. For a will to be valid, it must be executed in strict compliance with Estates, Powers and Trusts Law (EPTL) § 3-2.1. This statute requires the testator—the person making the will—to sign it at the end, in the presence of two witnesses, who must also sign their names within a 30-day period. I have seen wills declared invalid by a Surrogate’s Court judge because a well-meaning but inexperienced attorney overlooked one of these seemingly small formalities.
But technical compliance is the baseline. The real craft is in anticipating challenges. We draft wills knowing they may one day be read by a skeptical judge or a disgruntled heir looking for a reason to contest it. Every clause is deliberately chosen to be clear, unambiguous, and resilient under pressure.
This work is a heavy responsibility. An executor, or a trustee named in a will, has a fiduciary duty to act in the best interests of the beneficiaries. Our job is to create a document that makes their duties clear and defensible, providing a roadmap that guides them in the prudent stewardship of the assets you entrusted to them.
A Will Is a Conversation About Your Legacy
When a family sits down with us, we do not begin by listing assets. We begin by listening. We want to understand your values, your concerns for your children, and what you want your legacy to be. Is your priority to fund your grandchildren’s education? To support a charitable cause? To ensure a family business continues to the next generation?
Only after we understand the “why” do we design the “how.” The will becomes the instrument for your intentions. It might be a simple document, or it might work in concert with one or more trusts designed for asset protection, tax management, or other specific family goals.
The attorney you choose should be more than a scribe. They should be a counselor—someone who can speak plainly about difficult topics and help you make intentional decisions for the future. This is the work we have dedicated our practice to for decades.
If you have an existing will that was not drafted by an estate planning specialist—or if it has not been reviewed in the last five years—your plan may have gaps you are not aware of. The first step is to identify them. We invite you to schedule a meeting with our firm to conduct a thorough review of your current documents.
