New York Estate Planning Attorney for Families, Founders, and High Earners.
Fixed-fee wills, revocable and irrevocable trusts, powers of attorney, and healthcare proxies — built around New York's EPTL formalities and estate tax.
Drew Jacobs — Admitted in NY, NJ, OH
Why New York estate planning is different.
New York imposes its own estate tax with a punishing "cliff," runs probate through a public Surrogate's Court, and enforces a statutory power-of-attorney form banks reject if not executed correctly.
Add co-op boards, rent-stabilized interests, and concentrated equity, and a generic template plan doesn't survive contact with reality.
Wills, trusts & New York directives.
A coordinated document set drafted under New York law. Explore our trusts library.
Last Will & Testament
Names beneficiaries, executors, and guardians under New York's EPTL.
Revocable Living Trust
Keeps assets out of Surrogate's Court and preserves privacy.
Statutory Durable Power of Attorney
The statutory short form, executed so banks actually honor it.
Healthcare Proxy
Names who speaks for you on medical decisions.
Living Will
Documents end-of-life treatment preferences in writing.
HIPAA Authorization & Disposition Instructions
Medical-information releases and final-arrangement instructions.
The New York estate tax cliff.
New York's unusual feature is the cliff: estates that exceed the exemption by more than about 5% lose it entirely and pay tax on the full estate — not just the excess.
For households near the threshold, we model lifetime gifting, credit-shelter planning, and trust strategies in plain English. We design structures; you decide.
Probate avoidance & privacy.
New York Surrogate's Court probate is public, slow, and discloses asset detail — the wrong default for many New Yorkers.
A properly funded revocable living trust keeps qualifying assets out of Surrogate's Court and off the public record. We handle funding end-to-end, including co-op board coordination.
Apartments, investment property, businesses & concentrated stock.
Co-op shares need board-aware transfer strategies; condos and brownstones need deed work; investment property needs careful titling.
For business owners, we coordinate operating agreements and buy-sells. For executives with RSUs and concentrated stock, we design structures balancing tax, liquidity, and control. We also plan for digital assets.
Founder & executive estate planning.
Founder equity, QSBS, carried interests, and a coming liquidity event can reshape the family picture overnight. Pre-exit is the window where estate planning has its largest impact.
We coordinate business succession with the estate plan, structuring trusts before a liquidity event where appropriate.
A fixed-fee planning model.
Every engagement is a fixed fee after a scoping call — no hourly meters, no surprise invoices.
See the pricing overview for how engagements are scoped, or start your intake to begin a private conversation.
The process.
A clear path from first conversation to a funded plan, typically 30–60 days.
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STEP 01
Confidential Intake
Secure online intake on assets, family, and goals.
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STEP 02
Strategy Call
A working session with Drew mapping options under NY law.
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STEP 03
Fixed-Fee Proposal
A written scope and flat fee before we begin.
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STEP 04
Design, Sign & Fund
We draft, execute, and guide retitling assets into your plan.
Will or trust in New York?
Both plans direct who receives what. The difference is how much of the work happens in court, in public, and on someone else's timeline. A trust only delivers these results once it is actually funded.
| Issue | Will alone | Funded revocable trust |
|---|---|---|
| Court process | Surrogate's Court probate with citations, waivers, and fees that scale with estate value. | No probate for assets titled in the trust. |
| Privacy | The will and asset schedule become public. | Terms and asset detail stay private. |
| Incapacity | No effect during life; relies on a power of attorney. | Successor trustee steps in without court involvement. |
| Commissions | Statutory executor commissions on assets received and paid out. | Trustee compensation set by the instrument. |
| Co-ops and condos | Transfer waits on board consent and court timing together. | Board consent still applies, but on the trustee's timeline. |
| State estate tax | No effect by itself. | No effect by itself; the structure used for threshold planning. |
What actually drives the tax in each state.
| State | What drives the tax | What planning addresses |
|---|---|---|
| New Jersey | Inheritance tax based on the beneficiary's relationship to you. No state estate tax. | Beneficiary class, lifetime giving, and life insurance ownership. |
| New York | State estate tax with a cliff once the threshold is exceeded. No inheritance tax. | Threshold management, credit shelter design, and gifting strategy. |
| Ohio | No state estate or inheritance tax. Probate is court-supervised. | Probate avoidance, TOD coordination, and trust administration. |
Thresholds and rates change, and the federal exclusion is scheduled to move. This is a general orientation, not tax advice — we coordinate with your CPA rather than substituting for one.
Will or Trust? A Side-by-Side Comparison
The honest comparison — court involvement, privacy, incapacity, out-of-state property, and cost over time — plus when a will alone is genuinely enough in New York, New Jersey, and Ohio.
Educational material only — not legal advice. Requesting the guide does not create an attorney-client relationship. We do not sell or share your email.
New York estate planning FAQs.
What is the New York estate tax cliff?
New York taxes on top of the federal regime, and estates exceeding the exemption by more than 5% lose it entirely — taxed on the full value, not just the excess.
Do I need a revocable trust if I live in New York?
Often, yes — NY Surrogate's Court probate is public, slow, and costly. A funded revocable trust avoids it for qualifying assets.
Does New York recognize my out-of-state will or trust?
Generally yes, but execution formalities and power-of-attorney rules differ. We recommend a NY review if you've moved here or acquired NY property.
How does Legacy Counsel charge for New York estate planning?
Every engagement is fixed-fee, quoted in writing after a scoping call.
Can you coordinate with my financial advisor and CPA?
Yes — we routinely work alongside CPAs, RIAs, and wealth managers.
Build your New York plan with counsel that knows the state.
Initial consultations are private and conducted directly by Drew Jacobs — no sales floor, no junior intake.
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is for general informational purposes and is not legal, tax, or investment advice. Discussion of tax topics is illustrative; we do not guarantee any tax outcome. Drew Jacobs is licensed to practice law in New York, New Jersey, and Ohio. Estate planning is highly state-specific; we represent clients whose residence, primary assets, or business interests are situated in NY, NJ, or OH, and coordinate with qualified local counsel elsewhere.