A client sat across from me in my Manhattan office last week, the final signature on his trust documents still drying. He was preparing for a long-awaited trip abroad and wanted his affairs in order before he left. “Well, I hope my family won’t need this for a very long time,” he said, shaking my hand. As he walked out the door, I caught myself thinking, “Godspeed.”
The word felt old-fashioned, almost out of place. But it stayed with me. “Godspeed” is not just a theatrical farewell. It’s a contraction of a Middle English phrase, “God spede you,” meaning, “May God cause you to succeed.” It was a wish for a prosperous and safe journey, offered when any journey was fraught with peril. The sentiment behind that word—a profound wish for another’s successful passage through uncertainty—is the essence of my work in estate planning.
A Plan as a Final Wish
Creating an estate plan is not about death. It is about life—the lives of those we will eventually leave behind. The plan itself is a final expression of care. It is your last “godspeed” to your family, the map they will follow on their journey forward without you.
Without that map, the journey is difficult. An estate without a clear will or trust lands in Surrogate’s Court—a process that is slow, public, and expensive. The family faces legal limbo while a judge, a stranger, makes decisions about the assets you worked a lifetime to build. This is not a prosperous journey. It is a detour through a bureaucratic maze during a time of grief.
A deliberate plan does the opposite. It appoints a trustee you trust. It lays out your wishes clearly. It protects assets and provides for your children, your spouse, and others who depend on you. This is the ultimate act of stewardship, ensuring your family’s journey is one of stability, not crisis.
The Executor’s Journey
When you name an executor in your will, you entrust that person with a significant journey. They become a fiduciary—a legal custodian responsible for gathering assets, paying final debts, and distributing what remains according to your wishes. This is no simple task. It is a role with immense legal and ethical weight.
In New York, the Surrogate’s Court Procedure Act (SCPA) outlines the extensive responsibilities of a fiduciary. SCPA Article 7, for instance, details the powers and duties of trustees, who must act prudently and in the best interest of the beneficiaries. Your estate plan is their guide. A poorly written plan leaves them to guess at your intentions, potentially exposing them to liability and the estate to conflict.
A well-crafted plan, however, empowers your chosen fiduciary. It grants clear authority, anticipates challenges, and provides the tools to settle your affairs efficiently. You are not just naming a person; you are equipping them for their mission as the temporary steward of your legacy.
Stewardship.
That word connects the old farewell to modern estate planning. To wish someone a successful journey is to hope they have the resources and guidance to arrive safely. As attorneys, we do not just draft documents. We help clients create the framework for that successful journey for the next generation.
It is about more than transferring wealth. It is about preserving harmony, providing for futures, and ensuring the story of your family continues without interruption. It is the most practical and profound way to say to your loved ones, “May you succeed on the path ahead.”
The client who left my office for his trip did the prudent thing. He prepared for a contingency. By doing so, he has already provided the greatest gift he can—a clear path forward for his family, no matter what happens on his own journey.
If you have an existing will or trust, a periodic review is a critical part of maintaining your plan. We can start by conducting a 30-minute audit of your current documents to identify any gaps or outdated provisions that might hinder your family’s future journey.
