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Also, the best place to go is really referrals from other friends. And if you've used an attorney for real estate or family law, divorce, and you were happy with that attorney, they can often give you referrals to good estate planning attorneys.
5 Questions to Ask Before Writing Your WillHow should I express my intentions? ... Who makes sure my intentions are carried out? ... What is a trust? ... How much inheritance tax will my heirs owe? ... What if I want to leave money to charity?
5 Important Questions to Ask When Forming A TrustWhy do you need a trust?Who will the trust benefit?Who will administrate the trust, now and later?Which assets will fund the trust?What are the long-term tax consequences?
6 Things to Think About When Creating a WillWho Will Be Your Executor? ... What Property Do You Own? ... Who Will Be Your Beneficiaries? ... Choose a Legal Guardian for Minor Children. ... What Will Happen to Your Pets? ... Protect Your Digital Legacy. ... How to Make a Will. ... Final Considerations.
A will is a legal document that spells out how you want your affairs handled and assets distributed after you die. A trust is a fiduciary arrangement whereby a grantor (also called a trustor) gives a trustee the right to hold and manage assets for the benefit of a specific purpose or person.
One of the disadvantages of a Trust are that Trusts are very difficult to understand. Historically, trusts used language that was specific to the legal field. For those that were not trust and estate lawyers, it was almost impossible to understand.
Here are five benefits of adding a trust to your estate planning portfolio.Trusts avoid the probate process. ... Trusts may provide tax benefits. ... Trusts offer specific parameters for the use of your assets. ... Revocable trusts can help during illness or disability – not just death. ... Trusts allow for flexibility.
To help ease your concerns and get you on the right path, here are answers to 10 of the most common estate planning questions.Question 1: How is my property transferred at death? ... Question 2: What happens if I die without a will? ... Question 3: I was listed in the will as a beneficiary of certain assets.More items...•
How would you as a trustee set a good example as a representative of the charity to the outside world? How would you work effectively with someone who was very quiet in meetings? How do you think a good Chair can make a difference to a committee's work?
A revocable trust can be changed at any time by the grantor during their lifetime, as long as they are competent. An irrevocable trust usually can't be changed without a court order or the approval of all the trust's beneficiaries. This makes an irrevocable trust less flexible.
Investment Management & Decisions Can the beneficiary or a trust committee assist in making the investment decisions? What are the qualifications of the financial person who has been hired? How often are the investment decisions reviewed? If a beneficiary wants to review the records of his trust, can he do so?
Identify yourself as a beneficiary of the irrevocable trust in the body of the letter. State that you are requesting money from the trust, and the reason for the request. Include supporting documentation. For example, if you are requesting money to pay medical bills, enclose copies of the bills.
So, if you need a trusts and estates attorney, look for one who specializes in the area of your concern. For example, if your mother just passed away and you want to hire an attorney to settle her estate, look for someone with lots of experience probating estates in the county where your mother lived. (Probate rules vary county to county.) Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well.
Talk with several lawyers. Get a sense of their communication skills as well as their expertise. You want to be confident that they know what they’re doing professionally, but also trust your gut about how well you ‘click’ and about how well the attorney will meet your needs.
A trusts and estates attorney can help you: make a plan for what will happen your property when you die ( wills and trusts) avoid probate (living trusts, transfer-on-death tools, beneficiary designations) reduce estate taxes. plan for incapacity (powers of attorney and living wills) set up trusts for loved ones. manage ongoing trusts.
Use your common sense and instincts to evaluate the remaining lawyers on your list. Eliminate those that don’t feel like a good fit, as well as those that are not confident that they can help you. Trust your gut and choose the lawyer that feels right to you.
Ask other people if they have heard of the attorneys and what they think about them.
If one of these attorneys offers to draw up your will or trust, he or she will probably just plug your information into a software program without really knowing the details about the law or what effects it might have on your estate.
Not every state certifies specialists in trusts and estates, or estate planning, but if your state does, selecting a lawyer with this certification provides an added assurance that he or she is qualified. (A certified specialist may charge more than someone without a certification.)
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.
Before your appointment, the attorney or her assistant may give you a list of information they need to evaluate your case.
If money is an issue, it may be possible for you to find an attorney who is willing to consult with you on a few limited issues, or to review documents you've drafted yourself.
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 .
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.
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.
1. Decide whether you need an attorney. If you own very little real estate or personal property, you may be able to use a document kit and plan your estate on your own. However, if you own real estate, have retirement or investment accounts, or own your own business, you should seek professional legal assistance.
We can employ tactics in our search to increase the odds that the person we choose will be a winner. For seeking an attorney, here are the steps to take: 1 Review your contact list for people whose work or interests would put them in contact with attorneys. A real estate person, title company employee, mortgage banker, businessperson, court reporter; to name a few. If necessary, walk into a title company or a real estate office and ask if anyone knows a good lawyer. 2 When you have a list of three attorneys, call them on the phone or email them. Prepare in advance a one page “white paper” that briefly describes your situation. The first question is: “I need legal advice and looking for a lawyer who has successful real estate experience. Do you do that kind of work?” If the answer is “yes,” the second question is: “Great, I have a description of the situation and some questions to ask, can I email them to you?” Email is the best, because they have time to see your circumstances and consider the questions, and you will have their answers in writing.
Some people are clearly better at their jobs . Your goal is to find someone who is honest first and effective second. Following this process greatly increases your chances of hiring a winner. You will know whom to choose.
Estate attorneys ensure, through planning, that a person’s assets, debts, and property are taken care of after they pass away. In short, they are responsible for making sure everything you want to be passed down is passed down correctly.
The best way to find someone worth hiring to handle your final wishes is to ask around. Almost everybody should have an estate lawyer, and chances are that the people around you have done their research on theirs. Simply ask them who they went with and look into the lawyer yourself!
It requires you to have a keen sense of character and to be able to tell whether someone will be there when you need them. In the worst of cases, you are not going to be able to tell if your estate attorney has done does their job or not, after all – it will be your heirs, your family & children who will need to work with them.
Most law firms have reviews from actual clients either on their website or on their Google page. These reviews are usually from clients who felt compelled enough, positively or negatively, to share their experiences. Read up on different law firms, including what they specialize in and what they are known for.
A personal injury lawyer or a corporate lawyer likely will not have much particular interest at stake in giving you a fair assessment of an estate lawyer’s office. Check your network. You might be able to get both an honest opinion and a skillful evaluation of estate lawyers just by asking other lawyers about them.
As you’re selecting your estate planner, inquire about the practice’s support staff, too. Is there a highly skilled team to ensure the quick turnaround of documents and timely communication with you as well as your loved ones?
Many estate-planning attorneys charge a flat fee. “For a will, the range could be as low as a hundred dollars to several hundred dollars,” says Joseph.
An estate planner can help you prevent crucial missteps and assist you in adjusting your plans as your circumstances, and laws, change.
When interviewing potential candidates, ask them what they’d charge you and how you’d be charged. (Some offer a free consultation for this first visit; others will charge you, but then apply that amount toward your total cost if you choose to hire them.)
The amount you’ll spend depends on the complexity of your needs, your location and your attorney’s experience level. Fees for wills can range from about $100 for a simple will to several hundreds for an in-depth will, notes Joseph.
Estate planning is a critical part of financial planning, but something many Americans procrastinate about. Yet drafting a will and a health care proxy or power of attorney, maybe creating a trust, and maximizing your loved ones’ inheritances by minimizing taxes are all important matters you don’t want to leave to chance.
You might be able to save some money by using a junior lawyer at the firm. “Typically, junior lawyers in a large firm charge less than the senior lawyers,” says Joseph. And, Goldberg notes, “all junior attorneys are supervised by partners.”
Contact your local bar association for qualified attorneys in your area. State bar associations keep public records about complaints and disciplinary actions taken against attorneys licensed to practice in the state. Most local bar associations also have free referral services that can help you find an attorney to suit your case's needs.
Get referrals and recommendations from friends and family. Talk to friends and family members who used an attorney. Find out who they hired, for what type of service, if they were happy with the services, and why or why not. Ask if they would recommend the attorney.
Remember that you are interviewing the attorney for a job. Treat your meeting as such, a job interview. If you feel as though the attorney isn't listening to you or isn't answering your questions, pick a different attorney.
Trusts and estates. This type of lawyer deals with issues such as estate planning, qualifying for Medicaid, probating an estate, and obtaining guardianship of an elderly parent or grandparent.
Write out questions about the lawyer's practice. You can generally find out the basic information about the attorney online, such as how long s/he has been practicing, where s/he went to law school, etc. For your in-person questions, ask about matters that are relevant to your specific case. The attorney should not have any problem answering any questions you may have, and should not sound hesitant or unsure. Areas to ask about include questions about the following:
Focus your efforts on finding a lawyer that has dealt with your specific legal issue in the past and that you get along with personally. Taking the time to find the right lawyer will be worth it, as they are more likely to help you win your case.
Criminal law. An attorney who specializes in criminal law is important if your case involves a crime or potentially illegal activity.