I often meet new clients after a crisis. A business partner in Manhattan passes away with only a simple will, leaving the surviving partner and the family to untangle ownership in Surrogate’s Court. A parent suffers a stroke, and their children discover there is no durable power of attorney, no healthcare proxy, and no access to the funds needed for their care. In these moments, families realize that what they thought of as “planning” was merely a single document, not a strategy for life’s contingencies.
The common perception is that an estate planning lawyer drafts wills. While true, that’s like saying an architect lays bricks. The real work is in the design—the thoughtful, deliberate structuring of a client’s legacy. It’s a process of asking the right questions, anticipating challenges, and building a framework that can withstand pressure.
Beyond the Document
Many people arrive at our firm with a clear idea of who should inherit their property. “Just write it down,” they say. But my job begins with the questions that follow. What if your chosen heir is not financially mature enough to handle a large inheritance? What if they are in a precarious marriage or a lawsuit-prone profession? What if one of your children has special needs that require lifelong support?
A simple will does not address these scenarios. It is a blunt instrument. It directs the distribution of assets, but it does so through the public, often lengthy, and sometimes contentious process of probate. Our work is to build a plan that operates with more precision and privacy. This often involves creating trusts—legal structures that hold and manage assets on behalf of your beneficiaries according to rules you establish.
This is not about finding loopholes. It is about using the tools the law provides to achieve specific family outcomes. It is about ensuring the wealth you built is a source of security for your family, not a source of conflict. Stewardship.
The Fiduciary Relationship
When you create an estate plan, you appoint fiduciaries—people with a legal duty to act in the best interests of others. You name an executor for your will, a trustee for your trust, a guardian for your minor children. These are among the most consequential decisions you will make.
Part of my role is to serve as counsel as you make these appointments. We discuss not just who you trust, but who has the temperament, the financial acumen, and the time to fulfill these duties. We also build in safeguards. A plan can include provisions for co-trustees, professional trust administration, and clear instructions that limit ambiguity and the potential for disputes.
The law itself imposes serious obligations. A trustee, for example, has a profound fiduciary duty to manage trust assets prudently. My work is to ensure my clients understand these duties, select the right people to carry them out, and create a structure that makes their jobs clear and manageable.
Building a Plan That Works in New York
New York law is specific and unforgiving. A plan drafted without a deep understanding of our state’s statutes can easily fail or produce unintended consequences. For example, many people assume they can disinherit a spouse in their will. But under New York’s Estates, Powers and Trusts Law (EPTL) § 5-1.1-A, a surviving spouse has a “right of election.” This statute gives them the right to claim a significant portion of the deceased spouse’s estate, regardless of what the will says.
A properly constructed plan anticipates this. It doesn’t try to ignore the law—it works with it, often using trusts or other instruments to provide for a spouse in a way that aligns with the client’s broader generational goals. This is just one of dozens of state-specific rules that can impact a family’s future.
From the rules governing the execution of a health care proxy to the procedures of the Surrogate’s Court in Brooklyn, a plan must be grounded in the practical realities of our legal system. My responsibility is to ensure the strategy we design on paper functions as intended in the real world.
Your legacy is not the sum of your assets. It is the continuation of your values and the security you provide for the people you love. The documents are merely the tools we use to give that legacy a durable form.
If you have existing documents—a will, a trust, or powers of attorney—the prudent first step is to review them. We can schedule a session to audit these documents against your current family structure and financial picture to identify any gaps or vulnerabilities.
