I often meet families in Brooklyn who believe a simple will is all they need. They’ve worked their entire lives, built a business, or carefully maintained a family brownstone, and they assume that signing a last will and testament settles the matter. Then, the unexpected happens. A parent passes, and the adult children discover that a will is not a magic key—it is a ticket to Surrogate’s Court. The next nine to twelve months of their lives are spent in a public, often frustrating, and expensive process called probate.
This is a common misconception. A will is an essential document, but it is fundamentally a set of instructions for a judge. It does not, by itself, avoid the court system. Real planning is about building a framework to protect your family and preserve your legacy—not just directing where assets go after you are gone.
Beyond the Will: Planning for Incapacity
A well-drafted plan accounts for the possibility of incapacity, not just death. What happens if you have a stroke or an accident and can no longer manage your own financial affairs or make medical decisions? Without a plan, your family’s only recourse is to petition the court to have a guardian appointed. This is a conservatorship proceeding—a costly, time-consuming, and deeply personal process that strips you of your autonomy.
We work to prevent this by establishing two critical documents: a durable power of attorney and a health care proxy. A power of attorney grants a trusted individual—your agent—the authority to handle your financial matters. This person can pay your bills, manage your investments, and deal with your property, but only under the strict fiduciary duty to act in your best interest.
The health care proxy is equally important. This document, governed by New York Public Health Law Article 29-C, appoints an agent to make medical decisions on your behalf if you are unable to do so. You get to decide who speaks for you, not a court. Paired with a living will, which outlines your wishes regarding end-of-life care, it ensures your values are respected. This is not about paperwork. It’s about maintaining control and dignity, even when you cannot advocate for yourself.
The Trust as the Cornerstone of Stewardship
For many families I represent, especially those with significant assets like real estate, a revocable living trust is the cornerstone of their plan. Unlike a will, a properly funded trust completely bypasses probate. Assets held in the trust are managed by a trustee you appoint—first yourself, and then a successor trustee when you pass away or become incapacitated.
Think of a trust as a private set of rules for your assets. You create the rulebook. While you are alive and well, you control everything just as you did before. If you become incapacitated, your chosen successor trustee steps in to manage things for your benefit, without any court intervention. When you pass, that same trustee distributes the assets to your beneficiaries according to your exact instructions. The entire process is private, efficient, and shielded from the public record of Surrogate’s Court.
This is what I mean by stewardship. You are not just passing on wealth; you are creating a deliberate, intentional structure for its management and preservation. A trust can be designed to protect assets for a spendthrift child, provide for a loved one with special needs, or manage a family business across generations. It is the single most powerful tool for ensuring your legacy unfolds the way you envision it.
Is a Trust Always Necessary?
Not every situation requires a trust. For a young person with few assets, a will, power of attorney, and health care proxy might be perfectly sufficient. But as your life grows—you buy property, start a family, build a business—your planning must evolve with it. The goal is to match the legal structure to the reality of your life and the needs of your family.
The work we do is about providing clarity. It’s about designing a plan that functions in the real world, reducing the burden on your loved ones. A proper estate plan is one of the greatest gifts you can give them, because it allows them to grieve and heal without the added stress of a court battle or financial uncertainty.
An estate plan is a living document. It should be reviewed every few years and after any major life event—a marriage, a birth, a divorce, or a significant change in your financial picture. The plan you create today is a deliberate act of care for the people who matter most to you tomorrow.
The first step is often an inventory. Before seeking legal counsel, I recommend that you list your primary assets, identify your key family members, and think about who you would trust to act as your executor, trustee, and agent. This simple exercise will prepare you for a more productive and focused conversation about your legacy.
