I often meet families cleaning up a mess. Not a financial mess, but a legal one. Their parents had a will, drafted years ago by a family friend who primarily handled real estate closings. Now, a single poorly worded clause has thrown the entire distribution into question, and the children are facing months—if not years—in Surrogate’s Court.
The attorney who created the problem was not a bad lawyer. They were simply the wrong lawyer. Choosing counsel for your estate is not like finding someone for a traffic ticket. You are not hiring for a transaction; you are selecting a steward for your legacy. The distinction is critical.
Beyond General Practice
Many attorneys can draft a simple will. The software is available, and the basic structure is not difficult to assemble. But a collection of documents is not a plan. An estate plan is a multi-generational strategy designed to function under the stress of loss, disability, and evolving family dynamics. It must anticipate contingencies, account for tax implications, and work within the procedures of the New York courts.
This is the work of a specialist. An attorney whose practice is dedicated to trusts and estates lives in this world. We see the consequences of boilerplate language. We witness how certain trust structures perform under pressure. We spend our time reading Surrogate’s Court decisions and changes to the tax code, not dividing our attention across a dozen different areas of law.
When you consider an attorney, the first question should be about focus. Ask directly: “What percentage of your practice is devoted to estate planning and administration?” If the answer isn’t the vast majority, you may be speaking with a generalist. They might be competent, but they are unlikely to have the depth of experience required for a family with a closely-held business, out-of-state property, or children from a prior marriage.
The Questions That Reveal True Counsel
Once you confirm you are speaking with a dedicated estate planning attorney, the inquiry must go deeper. The goal is to understand their philosophy and process. A productive consultation isn’t about getting free legal advice; it’s an interview where you are the hiring manager.
Here are the questions I believe matter most:
- Who, specifically, will design my plan and draft my documents? In many firms, you may meet with a senior partner, only to have the work delegated to a junior associate. This is a common practice, but you have a right to know who is ultimately responsible for the architecture of your plan.
- What is your process for updating plans as laws or my life changes? A static plan is a future liability. Tax laws are amended. Families evolve—marriages, divorces, births, and deaths all have profound legal consequences. Your counsel should have a deliberate process for periodic reviews. The relationship should not end when you sign your documents.
- What is your experience with the specific challenges my family faces? Do you own a business that needs a succession plan? Is there a child who requires a supplemental needs trust? Are you in a second marriage? A proficient attorney will have direct experience with these scenarios and can speak to the strategies they have implemented for other families in Manhattan and across New York.
The Standard of a Fiduciary
Ultimately, the person you choose must have an unshakable grasp of what it means to be a fiduciary. A fiduciary has a legal and ethical obligation to act in another person’s best interest. Your attorney is a fiduciary to you. The executor and trustees you name will be fiduciaries for your beneficiaries. Your plan must be built on this principle.
This is not merely a concept; it is codified in New York law. Your attorney must have a deep understanding of the Estates, Powers and Trusts Law (EPTL). This includes sections like EPTL § 11-1.7, which explicitly forbids a will from exonerating an executor from their duty to exercise reasonable care, diligence, and prudence. An attorney who doesn’t build a plan around these core duties is not preparing your estate—or your chosen fiduciaries—for the realities of administration.
Stewardship. That is the essence of this work. It’s about ensuring the people you choose to manage your affairs are empowered by clear, intentional, and legally sound instructions. The right counsel builds the framework that makes this possible.
Before you schedule a consultation with any firm, ours included, take thirty minutes to outline your family’s key assets and your primary goals for them. Is the objective asset protection? Providing for a disabled heir? Minimizing future tax burdens? Having this clarity will make your first conversation with any prospective counsel far more productive.
