how to choose a good estate attorney

10 Tips for Choosing the Right Estate Planning Attorney for You

• 1. Don’t Limit Your Search by Geography Alone ...
• 2. Get a Referral from an Attorney or Other Advisor ...
• 3. Beware of Internet Directories ...
• 4. Does the Attorney Focus on Estate Planning? ...
• 5. Beware of Bar Association Referral Hotlines ...
• 6. Is the Attorney a Published Author in the Area of Estate Planning? ...
• 7. Forget Fancy Slogans and Hype ...
• 8. Does the Attorney Carry Malpractice Insurance? ...

Full Answer

How do I find a good attorney for estate planning?

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.

What questions should I ask when making a will?

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?

What questions to ask when setting up a trust?

Questions to ask your parentsWhat were your intentions in creating this trust? Ask why this trust was set up. ... How do you think this trust will impact me? ... Who else has access to the trust? ... What is your relationship with the trustee and/or trust administrator? ... How will I work with the trustee and/or trust administrator?

What to know before writing a will?

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.

Will V trust?

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.

What are the disadvantages of a trust?

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.

What is the point of a trust?

Trusts are established to provide legal protection for the trustor's assets, to make sure those assets are distributed according to the wishes of the trustor, and to save time, reduce paperwork and, in some cases, avoid or reduce inheritance or estate taxes.

What kind of things do you put in a trust?

Valuable Personal Property: Personal items, such as jewelry, art, collectibles and furniture, including pianos or other important pieces, may be placed in a trust. Personal property without any legal certificate or title is commonly listed on an accompanying schedule that is kept with your trust documents.

What questions should I ask a prospective trustee?

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?

What is the difference between a revocable and irrevocable trust?

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.

What questions should a corporate trustee ask?

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?

How do you set up a living trust in Florida?

How to Set Up a Living Trust in FloridaChoose between a single or joint trust.Pick a successor trustee to take over upon your death.Determine who will benefit from the trust after you've died.Draft the trust document.Formally execute the trust document with two witnesses and a notary.Transfer title to the trust.

What is an Estate Planning Attorney?

Estate Planning attorneys are licensed legal professionals who have a clear and thorough understanding of federal and individual state laws surrounding everything having to do with an estate.

5 Tips for Choosing an Estate Planning Attorney

Now that you understand what, exactly, an Estate Planning attorney is, you may be wondering how to find an Estate Planning attorney who’s right for you, your situation and your estate. You can find the perfect attorney for all your needs by following five simple steps.

Find the Right Estate Planning Attorney for You

Creating your estate plan is one of the most important things you’ll do in life. Finding the right Estate Planning attorney can help you do it. Your estate plan protects you. It helps ensure that your loved ones will have the comfort of knowing you cared enough to prepare for their future.

Gather Referrals

When it comes to choosing an estate planning attorney, checking their referrals is one of the easiest ways to identify whether or not they’re a good fit. One great way to do this is by reaching out to family members and friends for their opinions.

Follow Your Instincts

Now that you’ve separated the good from the not-so-good lawyers based on referrals, it’s time to start reaching out. At this stage, it’s absolutely critical to follow your instincts. You may be thinking, “ This is all new to me! How can I follow my instincts?”

Seek Out Estate Planning Experts

When choosing your estate planning attorney, always make sure that you go with one who specializes in estate planning and doesn’t just dabble in it. Many lawyers provide the service, but that doesn’t mean they have a wealth of skill and knowledge in the area.

What is an estate planning attorney?

An estate planning lawyer provides more than technical expertise. Having been trained in this field, an experienced attorney can also serve as a counselor to the family as they make their intimate decisions about the future and their acquired assets. An estate planning attorney would have expertise gleaned from having discussed issues with thousands of clients and may be able to provide a different perspective and advise on unique situations.

How to get referrals for estate planning?

Start with family and friends to obtain referrals. Check with your state bar website to ensure the attorney is licensed and in good standing. Additionally, check the law firm's website and social media accounts for information on estate planning services and updates on changes in estate planning laws. Firms that regularly update their website and maintain active social media accounts are likely actively engaged with their clients and value customer service.

Why are attorneys retained?

Attorneys are also retained to help the clients understand the various roles of a trustee or guardian and provide real-life advice. A part of his role is to ensure the client's intentions and goals are properly ascertained, expressed and captured in the documents.

What to do with an inventory of assets?

It's a good idea to start with an inventory of your assets to determine the size of your estate for tax purposes, and also to help you think about how you would like to dispose of those assets. This would be a good time to prepare a list of all bank accounts, retirement accounts, life insurance policies and securities and obtain grant deeds to your real properties. After preparing an inventory of your assets, you can begin thinking about how you would like your assets to be distributed upon your passing.

What happens if you don't draft your own plan?

Without the proper legal background, drafting your own plan may result in financial and emotional consequences. Mistakes in drafting can profoundly alter familial relationships, causing confusion, disappointment and, at its worst, hostile litigation.

Can a will be written on your own?

If you create a will or trust on your own, it's likely that no one other than the testator would be able to explain your intentions. Those who draft their own documents will run the risk of using words, terms and descriptors that could fail to make effective dispositions. Consequently, failure to use the words of "testamentary intention" could void the will, and the use of precatory language could render dispositions unenforceable.

Can DIY legal services be sued?

Though DIY legal service providers offer lower rates and faster turnaround times than a contracted attorney, some have been sued in a couple of states for violating unauthorized-practice-of-law statutes.

What is the best website to go to when you have a negative remark about an attorney?

Another good site to go to is actec.org - The American College of Trust and Estate Counsel.

How long do estate planning attorneys sit down?

Many attorneys will be able to sit down with you for 15 minutes or so and you can get a feel of whether you like them or not.

How many tiers are there in law school?

Just like any other school, law schools that are harder to get into have higher standards and only accept the best students. There are four (4) tiers in the law school ranking system with the first tier being at the top and hardest to get into. Ask the attorney where he or she went to law school. 10.

Is it important to choose an estate attorney?

Choosing an attorney to represent you is obviously an important task. The decision certainly should not be made on the basis of advertising alone. There are certain questions to ask that will lead you to the best estate planning attorney for you and your family. Below is a summary of 10 Tips for Choosing the Right Estate Planning Attorney for You.

Does an attorney have malpractice insurance?

Anyone can make a mistake and you should not make the mistake of hiring an attorney who does not have malpractice insurance. Remember, in many states, an attorney is not required to carry mal practice insurance.

Do attorneys do estate planning?

There are many attorneys that say that they do estate planning. And of course there are many that do. The real question to ask however is “do they practice exclusively in this area of the law”? Just as there are doctors that specialize in certain areas of medicine such as general practice, cardiology or oncology, there are attorneys that are generalists and ones that limit their practices to a specific area of the law. The benefit to this is that the attorney is much more likely to be abreast of the current law and issues that surround that practice area. They are also more likely to correctly identify areas that could be problems down the road if the proper planning is not done.

The Purpose of an Estate Planning Attorney

At the most basic level, an estate planning attorney helps you to create a distribution plan for your assets upon your death.

Questions to Ask an Estate Planning Attorney

Getting back to fees, the attorney should be able to give you a rough approximation of what you will pay for his or her services.

1. How much time will it take to complete my estate planning?

The attorney should provide an estimate on the number of hours needed for the process -- especially important if you’re paying an hourly rate.

2. Do I need a trust, and if so, what are the options?

An experienced estate planning attorney should be able to answer this question quickly and with a high degree of precision.

4. What other work do you do?

Never assume an attorney specializes in estate planning, even if the website says so.

Warning Signs to Avoid

Naturally, you’ll want to avoid an attorney who has a significant number of complaints filed with the Bar Association, the Better Business Bureau, or other sources.

Final Thoughts

The best advice on how to choose an estate planning attorney is to embrace the idea that you’re the boss!

What is the key consideration when choosing an attorney?

Price is a key consideration in choosing an attorney. Keep in mind how much you can pay and find a lawyer whose fees you can afford.

How much does an estate attorney charge?

Flat fees typically include everything required to prepare the estate planning documents. In general, simple estate plans, including a will, power of attorney, and medical directives, can cost between $1,000 to $2,500. More complex plans—for example, those that include trust documents—could cost up to $5,000 or more. Individual rates may vary by jurisdictions and states, as well as other factors.

What to do if an attorney offers a free consultation?

Tip: If an attorney offers a free consultation, get the details up front and be clear about—and stick to—the time limits.

How to find a lawyer's background?

When you have a working list of candidates and referrals, look into each attorney's background. Check their websites for information about firm size, experience, and specializations. Take a look at the social media sites that each attorney uses. The way an attorney is represented on social media sites may give you a sense of what it will be like to work with them.

Is an estate plan a personal decision?

Tip: The decision to create an estate plan is a personal one and depends on more than the potential size of an estate. To help determine if you are ready to take action, consider the 8 key points discussed in Viewpoints on Fidelity.com: Do you need an estate plan?

Is it legal to falsely identify yourself in an email?

Important legal information about the e-mail you will be sending. By using this service, you agree to input your real e-mail address and only send it to people you know. It is a violation of law in some jurisdictions to falsely identify yourself in an e-mail. All information you provide will be used by Fidelity solely for the purpose ...