how to interview estate planning attorney

1. Have a preliminary phone consultation. Many attorneys will hold a brief interview with you over the phone.
2. Make appointments to meet in person. You'll want to interview at least three attorneys in their offices.
3. Gather all necessary documents and information. Before your appointment, the attorney or her assistant may give you a list of information they need to evaluate your case.
4. Ask each attorney questions about their practice. You want to make sure you select an estate planning attorney who not only has the appropriate amount of experience and expertise, ...
5. Find out if the attorney has malpractice or professional liability insurance. ...
6. Ask each attorney specific questions about your estate and your estate planning options. ...
Observe each attorney's behavior and demeanor. Not only are you going to be working with this person potentially for the rest of your life, but you also need to ...
Make sure you understand how the attorney charges and exactly what is included in the fee. ...
Take notes during and after the interview. Attorneys are used to people writing while they're talking, so don't think you'll be considered rude if you take notes during the ...
Ask the attorney for references. However, estate-planning attorneys often have former clients provide a reference, which they publish on their website or make available to potential clients on request.

Full Answer

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

Nov 24, 2021 · You can also ask questions of an estate planning attorney. When interviewing a lawyer, you should ask about the experience of their staff. Ideally, you should have a thorough knowledge of the company’s legal history and experience. Your lawyer should be able to explain the processes and procedures of his or her law office.

Can an estate planner be an interviewer?

Apr 12, 2008 · By. Julie Garber. Full Bio. LinkedIn. Julie Garber is an estate planning and taxes expert with over 25 years of experience as a lawyer and trust officer. She is a vice president at BMO Harris Wealth management and a CFP. Julie has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other ...

How to prepare for an estate planning appointment?

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...

How do I choose the best estate planning attorney?

Jul 08, 2015 · Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion. Minimizing legal expenses and taxes. Assessing wealth preservation. These topics ...

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

How do you prepare an estate planning meeting?

How To Prepare for Your First Estate Planning AppointmentFill out your attorney's intake questionnaire. ... Gather your financial documents. ... Bring copies of your current estate plan documents. ... Divorce agreements, premarital agreements, and other relevant contracts. ... Choose your executors and health care agents.More items...•Mar 29, 2019

How do I talk about estate planning?

How to talk to your parents about estate planningKnow the documents. ... Be mindful of family dynamics. ... Pick a time to talk (though there's usually no better time than the present). ... Look into professional help. ... Follow up.Nov 10, 2021

What questions to 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

Will preparation checklist?

A 10 point Will preparation checklistStep 1: Get down to basics. ... Step 2: Get a ballpark of your assets. ... Step 3: Get a general sense of your debts. ... Step 4: Choose a guardian. ... Step 5: Choose an executor. ... Step 6: Make a list of specific gifts. ... Step 7: Make a list of beneficiaries.More items...•Oct 13, 2020

What should I bring to a will?

What to Include in a WillA list of all of your assets. ... A list of all your liabilities. ... The beneficiaries (who to give the assets to) and guardians (for if the beneficiaries are too young), and how much each one is to receive. ... The executors (to carry out your will). ... The advisors.More items...•Jun 20, 2019

How do I talk about my inheritance?

Use these conversation starters to begin the discussion and help avoid family inheritance issues.Open with an anecdote. Have you recently read an article or talked to a friend about inheritance? ... Lead with a question. ... Explain what your estate plan means to you.

How do I explain Estate Planning to my children?

Explain what you own, what type of accounts you have and how they are treated from a tax perspective. Discussing your estate plan with your children provides a valuable opportunity to connect with your loved ones, even after you are gone. An individual's attitudes about money says much about his or her values.

How do I ask my family for inheritance?

Tips for Asking About Your InheritanceMake sure everyone involved is present. ... Ask what their plans are and what you need to know. ... Avoid specific numbers for money. ... Be compassionate.

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 are the disadvantages of a trust?

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.Oct 23, 2020

Does a trust override a will?

A. No. The trust is activated by the will on the death of the first spouse/partner, and not at the time of executing the Will. If you are both alive and in care, the trust would not initiated, hence the local authorities can target the property when assessing liability for care fees.

What happens if you don't feel comfortable with an attorney?

If you don't feel comfortable with the attorney, then chances are you'll end up holding certain things back. This will be doing you and the attorney a disservice since the attorney can't plan for, or around, things that the attorney doesn't know.

Can I see myself working closely with this attorney?

Once your prospective attorney has answered the above questions to your satisfaction, there's still one big question you need to ask yourself: "Can I see myself working closely with this attorney?" Even if the attorney has all of the right answers, keep in mind that you'll be sharing all of the intimate details of your life with this person. If you don't feel comfortable with the attorney, then chances are you'll end up holding certain things back .

Can a trust be useless after you die?

Many attorneys create beautiful estate plans for their clients but then fail to assist them with the next important step: funding the revocable living trust. A well-drafted trust will be virtually useless immediately after you die if your assets aren't titled in the name of the trust while you're still alive.

What is the most important skill in estate planning?

Among the most important skills of an estate or financial planner is the ability to know the client, to understand who the client is, where that client stands in relation to the objectives (stated or unstated, realized or subconscious) he/she may have, and what things have to be done to move the client closer to the realization of these goals.

Is estate planning a parallel process?

The processes of engagement, data gathering, understanding, and assessment are actually parallel processes.

Can an estate planner improve interviewing skills?

The good news indeed is that, like technical estate planning knowledge, nearly every estate planner can learn and continuously improve their interviewing skills. If psychologists, psychiatrists and social workers can organize, study, teach and learn interviewing skills tailored to their respective helping professions, ...

What are the things to consider when planning an estate?

When building an estate plan, you may have a variety of concerns, including the following: Maintaining an orderly administration of assets while you are living. Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion.

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

How can estate attorneys help with dementia?

Estate attorneys should help clients fiscally prepare for the possibility of disability or dementia by drawing up powers of attorney , healthcare directives, and living wills .

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 ...

Why is it important to make sure assets are managed prudently?

Overall, it forces individuals to contemplate fiscal matters that will occur while they are living and after their own deaths. It's thus extremely important to make sure assets are managed prudently and that next generational family members will receive inheritances, without incident.

Is an estate attorney a tax advisor?

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 on your estate plan and the logistical practicalities of implementing it.

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.

How to plan your estate on your own?

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.

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 ...

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 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.

What factors affect the cost of an estate plan?

Many factors will affect the cost of your estate plans, including the experience of the attorney, the type and amount of assets you have, and the complexity of any tax planning. Each attorney should be able to explain clearly how costs are assessed and how rates are computed.

When do you expect to pay a retainer?

If you are expected to pay a retainer or other up-front fee for her services, she'll expect payment when the agreement is signed. If a retainer is required, make sure you know how much will be returned to you if you decide to go with someone else or abandon your plan before the attorney has finished his work.

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.

How to avoid probate?

Revocable living trusts are often used as a way to avoid probate. You establish a revocable trust while you are living to manage your assets. Your lawyer drafts the document for you and then you retitle most of your assets in the name of the trust. You can use the income, or principal if needed, from the trust during your lifetime to meet your needs. If you later change your mind, the trust can easily be amended to accommodate changes. You typically appoint yourself as trustee, but you can appoint a trusted friend, professional advisor or bank trust department as your trustee.

What is durable power of attorney?

durable power of attorney is considered a staple of any solid estate plan. This document allows you to name someone else to make financial decisions for you, such as paying bills or selling your car, should you become incapacitated and unable to make them yourself. It ends upon your death.

What should an estate plan comply with?

Your estate plan should comply with any divorce and premarital agreements. It should also abide by the terms of any other contract you may have signed promising to leave assets to someone in your will.

How long does it take to get an estate plan signed?

If you provide your estate planning attorney with all your information on Day One, and stick to the process they lay out for you, it shouldn’t take them more than a few weeks to complete your documents and have them ready for you to sign.

What is an insurance binder?

An insurance binder is typically a one-page document that lists the owner of the policy, the policy number, and the death benefit.

Can a lawyer rely on financial planning?

Keep in mind that your lawyer will be relying on the information you provide in your financial planning and estate planning – if that information is inaccurate or incomplete, their recommendations ( and your documents) may not be appropriate.

Can an estate plan be completed without first knowing if there are provisions in a business agreement regarding the disposition of your

Your estate plan cannot be completed without first knowing if there are provisions in a business agreement regarding the disposition of your interest at death , particularly if you have partners. Trademark, patent and copyright registration certificates.