A client came to us from Manhattan a few months ago. Her mother, a successful physician, had her will drafted by a solo practitioner who had since retired. The will was technically valid, but it was a simple document that failed to account for nearly twenty years of asset growth, the birth of three grandchildren, and the near-tenfold increase in the federal estate tax exemption. The family was left with a costly and public process in Surrogate’s Court—a situation that could have been entirely avoided.
This happens more often than people think. Choosing an attorney to plan your estate is not a one-time transaction. You are selecting a steward for your family’s future. The right counsel provides guidance that lasts for generations—the wrong one leaves behind a stack of papers that may create more problems than they solve.
Over my career, I’ve seen what distinguishes effective counsel from the rest. It comes down to a few key areas that are rarely discussed in online guides.
Beyond General Practice
Many lawyers can draft a will. It’s a standard service. But very few dedicate their entire practice to the deliberate work of estate planning and asset protection. A general practitioner who handles real estate closings, divorces, and the occasional will simply does not have the same depth of knowledge as an attorney whose practice is dedicated exclusively to this work.
The difference becomes apparent when your needs become more specific. Does your plan require a Special Needs Trust for a disabled child? Are you looking to establish a generation-skipping trust to minimize tax exposure? Do you need to protect assets from future creditors? These are not questions for a generalist. An attorney focused on estates will be fluent in the New York Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA).
When you interview a potential attorney, ask what percentage of their practice is dedicated to estate planning. The answer will tell you if you’re speaking with a true specialist or someone who merely offers it as a service.
The Question of Continuity
Stewardship is a long-term commitment. One of the most overlooked aspects of choosing counsel is the question of continuity. What happens if your lawyer retires, becomes incapacitated, or passes away?
If you work with a solo practitioner, your family may be left in the lurch, trying to find your files and make sense of a plan without its architect. This is why the structure of the law firm itself is critical. Does the attorney have partners? Is there a team of associates and paralegals who are familiar with your family’s situation? Is there a clear succession plan for the firm itself?
A well-run firm is built to outlast any single individual. When we create a plan for a family, we are not just thinking about the client—we are thinking about their children and grandchildren. The firm you choose should be built with the same generational perspective.
An Adherence to Fiduciary Duty
At its core, estate planning is an exercise in fiduciary responsibility. You appoint trustees, executors, and guardians who are legally bound to act in the best interests of your beneficiaries. The attorney you choose should embody that same principle.
This isn’t just about avoiding conflicts of interest. It’s about a mindset. A fiduciary-minded lawyer prioritizes your legacy over their own convenience. They will ask difficult questions and advise you on the prudent course of action, even if it’s not the easiest. Their loyalty is to the integrity of the plan and the well-being of your family.
New York law is clear on the duties of a fiduciary. For example, EPTL § 11-A, the Prudent Investor Act, sets a high standard for how a trustee must manage assets. Your attorney should be able to explain these duties clearly and help you select fiduciaries who are capable of upholding them. But more importantly, the attorney’s own conduct and advice should reflect that same high standard.
Before you engage any attorney, I suggest you prepare a one-page summary of your family’s assets and your primary goals for the next generation. This document will focus your first conversation—and reveal a great deal about the attorney’s approach to their own profound responsibility.
