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A Practice of [Jacobs Counsel LLC](https://jacobscounsellaw.com) Serving NY · NJ · OH — Vol. 2026 

[Legacy  Counsel ](/)

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1.  [Home](/)
2.  [Journal](/blog)
3.  HOW TO Choose AN Estate Planning Attorney 

[← Legacy Journal](/blog)Estate Planning · Getting Started 

# How to Choose an Estate Planning Attorney

Nine questions that separate a real planning engagement from a document-assembly transaction.

May 19, 2026 6 min read By Drew Jacobs, Esq. 

The short answer

Choose an estate planning attorney by asking nine things: who actually drafts the documents, whether trust funding is included, whether the attorney is licensed in every state where you own real estate, how fees are set, what future questions cost, how your specific complexity is handled, who administers the plan at death, how state estate and inheritance tax exposure will be addressed, and what they would advise you against. Warning signs include a quote before any asset review, a trust recommended before titling is examined, guaranteed asset protection claims, and no mention of funding.

Estate planning is one of the few purchases where you never see the product perform. The documents are tested after you are gone. That makes the selection process the quality control.

## The nine questions

1.  **Who drafts my documents?** A senior attorney, or a paralegal working from software?
2.  **Is funding included?** Deeds, retitling, and beneficiary designation cleanup — or just paper?
3.  **Are you licensed where my property is?** Out-of-state real estate is a licensing question, not a preference.
4.  **How do you charge?** A fixed fee scoped up front, or hourly with a range?
5.  **What happens in three years when I have a question?**
6.  **How do you handle my specific complexity?** Concentrated stock, an operating business, NIL or creator income, a blended family.
7.  **Who administers the plan when it matters?** The same firm, or a referral out?
8.  **How will state tax exposure be addressed?** New York's cliff and New Jersey inheritance tax are not generic issues.
9.  **What will you tell me not to do?** An advisor who only agrees is selling, not advising.

## Warning signs

A quote before any discussion of what you own. A trust recommended before your titling has been reviewed. Guaranteed asset protection. Pressure to buy an insurance product in the same meeting. No mention of funding at all.

## What we do differently

Senior attorney attention, a fixed fee quoted after scoping, funding included, and admission in New York, New Jersey, and Ohio. [See how we work](/how-we-work).

Educational information only, not legal advice. Prior results do not guarantee a similar outcome.

Frequently asked

## Questions we hear most

Does the attorney need to be licensed in my state?

Yes for your domicile, and generally for any state where you own real estate, because that state's law governs the property.

Is a specialist better than a general practitioner?

For anything beyond a basic will, yes. Estate tax thresholds, trust drafting, and fiduciary administration are their own discipline.

Should I use the attorney my financial advisor recommends?

Often a good starting point, but confirm independence. Your attorney should be able to disagree with a proposed product recommendation.

How much of the meeting should be about my assets?

Most of it. A plan built without reviewing titling and beneficiary designations is a document, not a plan.

Can everything be done remotely?

Most of it, yes. Execution formalities vary by state and we handle signing logistics as part of the engagement.

Free Download 

### The Estate Planning Checklist

A practical checklist covering documents, titling, beneficiary designations, and the funding steps most plans skip. Written for NY, NJ, and OH families.

Send it to me

Educational material only — not legal advice. Requesting the guide does not create an attorney-client relationship. We do not sell or share your email.

Estate Planning Assessment 

### Not sure what you need yet?

A short, private assessment maps your situation to the documents and structures worth discussing — wills, revocable trusts, irrevocable planning, or administration support.

[Take the 2-minute assessment →](/quiz/estate-planning)

Educational only. Completing the assessment does not create an attorney-client relationship.

Keep reading

-   [Small Estate Shortcuts in New Jersey, New York, and Ohio Estate Planning · Probate ](/blog/small-estate-shortcuts-nj-ny-oh)
-   [How to Put Your House in a Trust (NJ, NY, and OH) Estate Planning · Trusts ](/blog/how-to-put-your-house-in-a-trust)
-   [New Jersey Inheritance Tax: Who Pays, Who Is Exempt, and How Planning Changes the Math Estate Planning · New Jersey ](/blog/new-jersey-inheritance-tax-explained)

[← More from the Legacy Journal](/blog)[Start Your Estate Plan](/get-started)

Estate Planning &  Legacy Counsel

Legacy Counsel by Jacobs Counsel. Fixed-fee estate planning, trusts, wills, and generational wealth strategy for high-net-worth families.

[← Visit jacobscounsellaw.com](https://jacobscounsellaw.com)

[(646) 343-7227](tel:+16463437227)[intake@jacobscounsellaw.com](mailto:intake@jacobscounsellaw.com)

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Hoboken, NJ 07030

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-   [State Guides](/resources/state-guides)

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-   [Contact](/contact)
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-   [Client Questionnaire](/client-questionnaire)

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-   [Privacy Policy](/legal/privacy-policy)
-   [Legal Disclaimer](/legal/disclaimer)
-   [Attorney Advertising](/legal/attorney-advertising)

© 2026 Legacy Counsel by Jacobs Counsel. All rights reserved.

Attorney Advertising. Prior results do not guarantee a similar outcome.

**Jurisdiction.** Drew Jacobs is licensed to practice law in New York, New Jersey, and Ohio . Estate planning is highly state-specific — laws governing wills, trusts, probate, estate and inheritance tax, and asset protection vary materially by jurisdiction. We represent clients whose residence, primary assets, or business interests are situated in NY, NJ, or OH. For matters involving other states, we coordinate with qualified local counsel. Nothing on this site constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.