how to interview an estate attorney

What questions should you ask when hiring an estate planning attorney?

How to Interview a Will and Trust Attorney Ask a prospective attorney the following questions, and be sure you get the following answers before going further. If you get another answer, you haven’t found the right attorney: QUESTION ANSWER FROM YOUR ATTORNEY ANSWER YOU WANT TO HEAR How long have you been specializing in estate planning?

How to interview and hire a lawyer?

Oct 01, 2019 · Estate planners must focus on the interview aspects of the estate planning process as well as the estate planning process itself. To do this, estate planners must examine the client interview from...

Do I need a lawyer to plan my estate?

Jun 29, 2021 · While an estate attorney's expertise may overlap with these fields, they may not be a general tax expert or investment advisor. Give yourself enough time to gain a broader, big-picture perspective ...

How do I select an estate planning attorney?

Apr 21, 2021 · The key question is whether the lawyer can deal with it and bounce back in the future. What to look for in an answer: Resilience to deal with failure. A commitment to improving abilities. Self-confidence to know that a mistake is not …

What questions should I ask an estate planner?

10 Common Questions in Estate PlanningQuestion 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. ... Question 4: What is estate planning? ... Question 5: I heard that the estate tax will be repealed.More items...•Jan 25, 2020

Will and trust questions to ask?

10 Questions to Ask an Attorney About Living TrustsWhat Property Can Go in a Living Trust? ... Who Should Be My Trustee? ... Does a Living Trust Avoid Estate and Probate Taxes? ... What Are the Benefits of a Living Trust? ... What Are the Drawbacks of a Living Trust? ... Do I Still Need a Power of Attorney?More items...

What is the consequence of not writing a will and planning for your estate after your death?

A will is a legal document that spells out your wishes regarding the care of your children, as well as the distribution of your assets after your death. Failure to prepare a will typically leaves decisions about your estate in the hands of judges or state officials and may also cause family strife.

What is the estate planning process?

Estate planning involves determining how an individual's assets will be preserved, managed, and distributed after death. It also takes into account the management of an individual's properties and financial obligations in the event that they become incapacitated.

What should you not put in a living trust?

Assets That Can And Cannot Go Into Revocable TrustsReal estate. ... Financial accounts. ... Retirement accounts. ... Medical savings accounts. ... Life insurance. ... Questionable assets.Jan 26, 2020

What questions should I ask when setting up a trust?

5 Important Questions to Ask When Forming A Trust– November 29, 2021 by Rachel RoanWhy 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?Nov 29, 2021

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Dec 17, 2021

What is a second wife entitled to?

Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child. Your IRA will go to whomever you've named on the IRA's beneficiary form, leaving your new spouse out.

Who gets money if no will?

A person who dies without leaving a will is called an intestate person. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What are the six basic steps to the estate planning process?

The 6 Steps to a Successful Estate PlanStep 1: Define your Estate Planning Goals. What do you want to happen? ... Step 2: Gather and Organize your Financial Data. Gather your documents. ... Step 3: Analyze & Discuss. ... Step 4: Develop your Estate Strategies. ... Step 5: Implement your Estate Plan. ... Step 6: Track & Monitor your Progress.Oct 17, 2014

What is estate planning in simple words?

Estate planning in simple terms refers to the passing assets / investments down from one generation to another. You decide how much of your estate – be it property(s), car(s), personal accolades, financial investments, etc. – you want to pass on to whom and how, after your demise.

Is Their Primary Focus on Estate Planning?

This question may or may not be important to you from the standpoint that if all you need is a simple will, power of attorney and health care documents, then a seasoned and sophisticated attorney may not be right for you.

How Many Years of Experience Do They Have?

The more years of experience the attorney has - whether the attorney is a generalist or primarily focuses on estate planning - the more the attorney will have had the opportunity to see their essential estate planning documents in action when a client becomes disabled or dies.

Do They Have Flat Fees or Hourly Rates?

This is an important question to ask so that you won't be surprised by hidden fees and costs. These days the majority of estate planning attorneys charge a fixed fee for most, if not all, of their services. This will give you the peace of mind to know that the flat fee is all that you'll be required to pay.

Why is the initial interview so critical in estate planning?

There is wide agreement among estate planners that obtaining accurate, complete information is critical to fashioning a proper estate plan and keeping the estate planner shielded from malpractice.

B. Your parents and other ascendants (e.g., grandparents, etc.)

19. Are either (or both) of your parents still living? If either is living, has either one of them ever taken up a new life partner who is not your parent? If so, how do you feel about that?

C. Your spouse or life partner

23. If you have a life partner, please describe the present status of your relationship, including how long it has lasted.

D. Your siblings

33. Do you have siblings? If so, please describe your present relationship with each sibling, including a description of any events that caused disruption or severance of any relationships with them.

E. Your children

37. Do you have children? If so, please describe each child as well as the present status of your relationship with each child and the reason for your feelings in this regard, including your feelings about whether you have favored a child over the others.

F. Past experiences with estates or trusts

42. Are you, do you expect to be, or have you ever been, the beneficiary of an estate or trust? If so, what was your experience, and how has that experience impacted your own estate planning?

1. What did you do the last time a real estate transaction that you handled did not go according to plan?

This tests the candidate’s ability to work under pressure and assesses how knowledgeable the candidate is.

2. Tell me about a situation when you had to work with somebody who did things very differently to you. How did you adapt?

This tests how effective the candidate’s communication and interpersonal skills are.

4. Tell me about a time when your efforts positively affected the outcome. How was the situation affected?

This illustrates the candidate’s leadership qualities and his level of judgment.

5. Tell me about a time when you had to make a quick decision. What was the impact of this decision?

This illustrates the candidate’s decision-making ability while working under pressure.

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

Can you please name a Supreme Court case that impacts your practice of law on a daily basis?

The purpose of this question is not necessarily to test the substance of the answer but more the fact that the candidate has an answer. This is indicative of the fact that they are informed and see the larger picture. So much of what a lawyer does relies on having strong background knowledge of the law.

Can you give an example of where you have chosen to involve yourself in the broader legal community?

Lawyers that network and do the “extra-curricular” activities are generally better informed about recent developments than other attorneys. In addition, networking helps a lawyer build a reputation in the legal sector. Attorneys who have better connections with other attorneys benefit from getting referrals of business from those other attorneys.

How do you handle a disagreement with a superior over a legal matter?

Disagreements happen in the practice of law. Two attorneys can reach different opinions about an issue and both can be correct. It is even more difficult when one of the attorneys works for the other. Part of being a successful lawyer is learning how to make one’s voice heard without being overbearing.

Can you elaborate on a situation where you were unsuccessful and how you handled it?

You should get a sense of how the lawyer handles adversity because there is quite a bit of it in the legal profession. A good lawyer will learn from failure and make the necessary adjustments so it does not happen again in the future. Every lawyer will experience failure at some point.

What aspect of the daily job of being a lawyer interests you the most?

Every lawyer has strengths and weaknesses. Some attorneys do things better than others. This question will test what a lawyer believes that they are good at and what interests them. If they indicate that they dislike a critical basic area of the job, it can help you determine where they would be a good fit in your company.

Have you ever worked on a case that was hard not to take home with you? How did you handle the situation?

Depending on the type of law they practice, lawyers may have to work on cases that evoke emotions like those in family cases or criminal trials. This question allows an interviewer to gauge a candidate's ability to maintain their mental health when working on particularly difficult cases.

How does a lawyer-client relationship work?

Lawyer-client relationships work best when the lawyer and client trust and respect each other. If you don't feel comfortable with your lawyer as you start your relationship, there's a strong possibility that you will never have an effective working relationship with your lawyer.

Why do criminal defense lawyers charge flat fees?

The purpose of a flat fee is to provide peace of mind , not to save money. Most "flat fee" arrangements will end up costing you more than an hourly agreement. Many criminal defense lawyers operate on a flat fee basis. It is possible to form a fee agreement that has elements of both an hourly billing rate and a fixed fee.

What is retainer in a case?

Some lawyers quote a retainer that reflects the amount that they believe the case will cost to litigate. Some lawyers instruct the client that a retainer is likely to cover only a portion of the case, and that additional retainer amounts may be required if the case does not settle and proceeds to trial.

What is flat fee?

The purpose of a flat fee is to provide peace of mind, not to save money.

Does a lawyer have to accept a new case?

Absent a provision in your retainer agreement that requires your lawyer to accept a new legal case, as a general rule your lawyer only has to represent you on the case for which the lawyer was originally retained.

What is retainer agreement?

A retainer agreement will address the financial aspects of the relationship such as the amount of any retainer you must pay to retain the lawyer, how fees are calculated and billed, and when fees are due. For cases involving contingency fees, a lawyer should always enter into a formal retainer agreement.

Can an attorney negotiate a lower hourly rate?

Don't be afraid to negotiate for a lower hourly rate. Although most good attorneys tend to have the opportunity to take more work than they can handle, and thus may not be willing to reduce their fees, the worst they can do is say "no".

How to choose an attorney for a will?

There is no one-size-fits-all when it comes to selecting an attorney. Here are things you’ll want to consider: 1 Where is the attorney? Select one in the county or state where the deceased resided. Laws vary from state to state, so you want to have an attorney who knows the specifics in the state where the deceased legally resided. 2 How complicated is the will? Some people have simple wills, giving all their assets to a small number of beneficiaries. But other wills contain complex distributions and may even reference trusts or other detailed arrangements. The more complicated the will, the more you need to consider getting an attorney who is an expert in the area. A general attorney who knows their way around the probate court may be good for a simple will. But if the will is complicated, you want to select an estate attorney or law firm with experience with complex wills and more difficult distributions. 3 How complex are the assets? If assets are high in value, held within incorporated entities, or in complicated trusts, you want to select an estate attorney or law firm with experience in these areas.

What is an executor adviser?

The Executor Adviser is an advice column created by Executor.org for Legacy. Executor.org's experts aim to help readers with questions about executorship and provide comprehensive, free online resources to guide executors through this complex process.

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.

What is estate planning?

Planning your estate involves deciding what will happen to your personal property and real estate after you die. The law provides a default scheme for disposing of property, but relying on that involves a lengthy court process and potentially hefty tax consequences for your heirs. The alternative is to plan things out ahead ...

What is the state bar association?

State bar associations often offer a lawyer referral service that enables you to meet briefly with a pre-screened attorney after answering a few general questions about your needs.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 35,595 times.

What happens if you don't have liability insurance?

Without liability insurance, you and your heirs could lose everything.