how do i choose an attorney for my will?

What are the two aspects of wills, trusts, and estates?

There are two aspects to the wills, trusts, and estates field: estate planning (the planning we do while you’re alive) and estate/trust administration ( the work we help your executor, trustee. and heir s do after you die). I think it’s important for an attorney practicing in this field to understand both, and it’s often convenient (and more efficient) for your executor or trustee to be able hire your planning attorney for the administration.

What is the field of elder law called?

The field is sometimes called trusts and estates, wealth planning, private client services, or estate planning and administration. Note that some lawyers call estate planning for business owners business planning or business succession planning. Elder law and family law are separate fields of law, though they may overlap to some extent with wills, trusts, and estates.

Do I have to share personal information with a lawyer?

You will probably have to share personal information with the lawyer planning your estate or working with you on an estate or trust administration. Discussions about family issues and money are unavoidable. I recommend choosing a lawyer you feel comfortable talking to.

How to select an estate planning attorney?

You want to make sure you select an estate planning attorney who not only has the appropriate amount of experience and expertise, but also is competent to work with you and handle your estate well into the future.

What to do before an attorney appointment?

Before your appointment, the attorney or her assistant may give you a list of information they need to evaluate your case.

How to narrow your list of potential attorneys?

1. Have a preliminary phone consultation. Many attorneys will hold a brief interview with you over the phone. Since these take up less time and require less effort than in-person consultations, you can talk to more attorneys this way and use the phone interviews to narrow your list of possible contenders.

How to know if an attorney is responsive?

Pay attention to the attorney's social media presence. If she has active social media accounts that are updated regularly, or runs a blog where she regularly posts about new developments in the law, you can be assured that she is responsive to her clients and keeps up-to-date on important issues in her practice area .

What is an attorney's website?

Keep in mind that an attorney's website is also a marketing tool. You are seeing what he wants you to see, so the things he chooses to emphasize or promote on his website give you a good idea of his interests and his professional comfort zone.

How to find out about a lawyer?

Visit websites of attorneys and law firms. Once you have the names of some attorneys or firms you're interested in pursuing, check out their website to research further into their background and practice.

How to find a bar association?

Visit your state or local bar association's website. Bar associations have lists of their members, and often allow you to search by specialty or area of practice.

What is a lawyer able to assist in?

Some other things that this type of lawyer is able to assist in are in matters that deal with tax issues, retitling of a decedent’s assets and requesting court permissions for a variety of reasons.

What is probate attorney?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

How much does probate cost?

The costs for probate will change a good amount depending on the location, but will usually end up being somewhere in the ballpark of 3% to 7% of the entire value of the estate. Depending on the situation, the cost can increase by a substantial amount if the value of the estate escalates. The higher the value of the estate, the more the costs of probate are going to end up being.

How to protect assets from creditors?

There are quite a few methods put in place created to protect your assets from creditors like irrevocable trusts, ownership insurance, asset protection trusts, and limited liability entities. The attorney that you hire will be able to walk you through each and every part of this process and help you pick the plan that will ensure that the wealth of your family stays as secure as it can be.

What is the best way to protect your family's assets?

If you want to protect your family’s assets, hiring an estate planning attorney is the way to go. Most plans that are drawn up for transferring wealth will usually have benefits included that will protect the wealth. This is an important factor for a family with a large amount of wealth to their name.

What happens if you get a power of attorney?

If a power of attorney is named for you in regard to legal or financial situations, it will be a huge benefit to you if you suddenly become mentally or physically handicapped in any way. This will ensure that the best possible choices are made on your behalf.

Can a will be updated?

Once a will has been drawn up, there may be a need to make adjustments or updates to the document as time goes on. An attorney will be able to assist you in making these changes and continue assisting you if the need should arise.

How to find a probate attorney?

One effective way of finding an attorney is to get a personal recommendation from someone you know and trust. Consider asking your friends and colleagues about whether they’ve had a good experience with a probate attorney. Those conversations may also yield interesting useful information about what it’s like to work with a probate attorney.

What to do if someone dies and you want to probate?

Aim to hire a transactional probate attorney if your loved one has recently died and you simply want to start the probate process. Lawyers with expertise in trusts and estate planning may also be good at transactional probate matters. On the other hand, if you want to challenge the will or are unhappy with the way the executor or the current attorney is handling probate—or if you anticipate any other legal battle over the estate—look for a litigator.

Do lawyers charge a fee?

Some lawyers will provide a free consultation, but others require an up-front fee. It is usually worth spending a little money to find the right lawyer—even if you have to pay for consultations with several attorneys. In the long run, it will be well worth a few hundred dollars to find the right fit.

How to find out if a lawyer is in good standing?

State bar association. Search your state bar association's website to find out if the lawyer is in good standing.

Does a will name an executor?

the will did not name an executor. the named executor is dead or otherwise unavailable, or. you believe that the existing executor or probate attorney isn’t doing a good job. Use your common sense and gut instincts to evaluate the lawyers on your list. What Is a Probate Lawyer?

What to do when someone close to you dies?

When a relative or someone close to you dies, you may need to find a good probate or estate administration lawyer to help you wrap up that person’s estate. The job of hiring a lawyer may fall to you if: you believe that the existing executor or probate attorney isn’t doing a good job.

Should you anticipate hiring a lawyer?

You should also anticipate that whomever you hire might have to delegate a lot of responsibility to the in-house staff. In turn, consider how the lawyer's staff treats you, because they are a reflection of how the lawyer practices.

What is the most important thing to do when writing a will?

When you're writing your will, one of your most important tasks is to choose an executor. This person will be in charge of distributing your assets according to your will after you die. Apart from being someone you trust, your executor must be prepared for a job that could take months to complete. Depending on the size of your estate and ...

What do you want in an executor?

Beyond the legal eligibility requirements, you want an executor who has at least some financial or legal experience, and who is organized, reliable, and trustworthy.

How long does it take to distribute a large estate?

A large estate can take years to distribute and may require some difficult choices with which members of your family disagree. Having more than one executor can alleviate some of the pressure of those decisions.

What is the best way to manage an estate?

Using an attorney or financial planner also provides you with the assurance that your estate will be managed correctly and distributed according to the letter of the law. Using an institutional executor such as a bank can be beneficial for large estates, since additional personnel can be assigned as necessary.

What to do if your estate is complex?

Consider hiring a professional. In some situations, particularly if your estate is rather complex, you might benefit from using an attorney or professional firm rather than someone you know.

What is the responsibility of an executor?

Executors also are responsible for creating a full inventory of the assets of the estate, including financial accounts, real property, and personal property. They then must make an accounting of all the debts and claims against the estate and pay them efficiently according to the priorities set forth in your state's probate law.

Can executors file a will?

Make sure your potential executors understand that they must be able to file the will with the court and petition for it to be entered into probate. They also must be capable of choosing professionals such as lawyers or accountants to assist with their duties if need be.