how to choose an attorney for a will

by Amalia Schoen 7 min read

Here are a few suggestions when choosing a lawyer to write your Will and powers of attorney:

  • Ask if estate planning is at least 50% of their practice. ...
  • Ensure that they also practice probate. ...
  • I would ask if they will guide you on how to make sure your beneficiaries of life insurance, retirement, and financial accounts are set up in a way that will ...

More items...

Key takeaways
  1. Make a list of attorneys who specialize in your specific needs.
  2. Narrow your list and interview candidates using a prepared set of questions.
  3. Ask about and understand each attorney's fees.
Apr 16, 2021

Full Answer

How to choose a lawyer?

Your attorney should be competent, compassionate and honest. A competent probate law attorney knows the law. A compassionate probate attorney will ask the client what the goals are. An honest probate attorney will tell the client if the goals are achievable. The difference between a good and a great probate attorney is in the details.

Do I need a lawyer to review a will?

Sep 09, 2019 · What should I look for when choosing a lawyer? The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem.

What should I look for when choosing a will?

Jun 29, 2020 · While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important.

How do I draft my own will?

Aug 30, 2011 · Sites such as LegalZoom.com ($69 for a basic will) and Nolo.com ($59 for a basic will) provide forms and guidance on drafting your own will. If you go this route, make sure you meet your state’s...

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What to consider when choosing a lawyer?

While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important.

How to be a good attorney?

A good attorney should also take the time to explain complicated matters, provide you with plain English advice on your situation, and present you with an array of options or solutions to mull over before deciding on a plan of action.

How to find out about a lawyer's practice history?

You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if their experience matches your situation, as well as your budget.

How does the size of a law firm affect your decision?

The size of the law firm can affect your decision in a few ways. Larger firms are usually more established and have greater resources, but can also be more costly.

Should I choose an attorney?

Much like an accountant or a contractor, you should approach choosing an attorney wisely. Not only will you be sharing confidential information with this person, but you will also be entrusting them to offer you proper legal advice and guide you through a situation you wouldn’t otherwise be able to navigate on your own.

How to have a successful divorce?

A divorce can be costly, so try to find an attorney whose fees work within your budget. Be honest with yourself and your attorney – The only way to have a successful outcome is to be honest with yourself and your attorney. Be open about your goals, both for you and for your family, plus any budgetary restrictions, and your finances and assets.

Is an attorney a counselor?

Your attorney, while a good listener, is not trained as a counselor, and is an expensive substitute for one. Your attorney will gain an understanding of your feelings as you work together and can discuss, within the parameters of the legal work, how to address those feelings. However, the best place to vent your frustration is with a counselor.

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 ...

Why do you name your brother in law as executor?

For example, you may choose to name your brother-in-law as executor because he is an attorney and fully able to fulfill the duties of the position. However, if he and your sister later divorce, you may want to find someone to replace him.

How old do you have to be to be an executor of a trust?

2. Review your state's legal requirements. As a basic matter, executors generally must be a U.S. citizen over the age of 18 who has not been convicted of a felony. Some states also require your executor to be a resident of the state where you live or where the bulk of your property is located.

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.

How long does an executor of an estate last?

These duties may last for months or even years, depending on the size and complexity of your estate. For a small estate, it's common to appoint your spouse or an adult child as your executor, since they typically have a personal interest in moving the estate through probate smoothly.

What happens if you haven't identified an alternate?

If this happens and you haven't identified an alternate, the probate court will appoint someone who may not be to your liking.

Why do you need a co-executor?

You may also want to have co-executors to deal with a fractured or contentious family. Communication skills are important for an executor, but if you've chosen an executor who doesn't get along with particular members of your family, you may want to choose a co-executor who can work better with them.

What is a will?

A will is a legal document that directs the disposition of your assets after your death. Having a valid will makes the probate process, the distribution of your assets, go more smoothly than if you don't have one. Also, in a will, you can name a guardian for your children.

Can you add assets to a living trust?

With a living trust, an asset doesn't become part of it without specifically being included, so you must keep up with adding your assets to the trust to ensure that a valued asset doesn't end up going through probate, especially if it is not included in your will either.

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