questions to ask when choosing an estate attorney

^{Here are several questions you should ask yourself:}

• When meeting with a potential estate planning lawyer, how comfortable do you feel?
• Does your advisor communicate well and clearly?
• Do you agree with their general values? How does their bedside manner make you feel?
• Do you have a good rapport?
• Can you envision speaking with this individual about very personal matters?

Full Answer

What are the best questions to ask a lawyer?

The truth is that not all estate planning attorneys are the same. In hiring your estate planning attorney, please be sure to consider the following: Do they do only estate planning and elder law? Many attorneys in our community do estate planning, but they also do business law, divorce law, consumer law, bankruptcy, real estate, criminal law, etc.

What should you look for in an estate planning attorney?

That’s why we’ve done the legwork for you in our new guide, “7 Questions to Ask Before Choosing an Estate Planning Attorney.”. Download, print, and take it to each consultation you schedule. We’ve even included space to write notes, plus our own answers to the questions. Like we said, one less box to check!

How do I hire an estate attorney?

Apr 03, 2018 · A few questions to think about asking: What is your experience with Estate Planning? They should have at least five years of experience, solely in drafting Wills and Trusts. Do you have any advanced education in Estate Planning? There are …

What questions should I Ask an elder law attorney?

Feb 27, 2013 · Below is a list of 14 questions that Mission Financial Planning has created for interviewing a prospective estate attorney: “What percentage of your practice is devoted to Probate, Trusts, & Estate Planning Law?” “How long have you personally been doing estate planning?” “What is your estate ...

What are 3 questions you should ask a lawyer before hiring?

What are four things to consider in estate planning?

What are the five most important estate planning documents?

What are good estate planning questions?

What should be in a death folder?

What are the four must have documents?

How do I choose an estate planning attorney?

What are the main steps in estate planning?

What are the most important things to put in a will?

Is estate planning for the rich?

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

What is probate estate?

What is the option in an estate plan?

One option in your estate plan is to build in creditor, divorce and nursing home protection for your beneficiaries. We help our clients choose the levels or protection and control which best fit the character and dangers facing their inheritors. Our unique planning provides this type of protection while giving your beneficiaries appropriate access and control upon your death.

Why do estate plans not work?

You may not know that many estate plans do not work because they are not fully “funded” when there’s a death or disability. Funding your estate plan means making sure your assets are distributed to the correct place. Funding your estate plan also means transferring your assets to your revocable living trust. The reality is that most attorneys do not help “fund” their client’s estate plan, which can lead to terrible results upon your death or incapacity.

Do estate planning attorneys know about Medicaid?

The reality is that not all estate planning attorneys know the rules about Medicaid, VA benefits and asset protection planning. In order to create the best estate plans for you that can protect you if you had a downturn in health and your assets for your children's benefit, your estate planning attorney should know how their documents will effect their asset protection planning down the road.

Can an estate plan be distributed to heirs?

Many estate plans distribu te assets outright to your heirs upon your death. This means that your children’s inheritance could be lost to their creditors, divorcing spouses or the nursing home if they get sick. You worked hard to get your assets to your heirs and then the inheritance gets lost to these things.

Can an estate attorney fill out an estate plan?

Many estate planning attorneys act as little more than word processors, filling in a form according to a client’s direction. This is not the most effective way to create your estate plan as there are many options and hidden concerns you may have that could go unaddressed, even if you have a more simple estate.

Do attorneys do estate planning?

Many attorneys in our community do estate planning, but they also do business law, divorce law, consumer law, bankruptcy, real estate, criminal law, etc. Just as there are specialists in medicine, there are also specialists in law. You don’t need to go to a generalist for your estate planning when a specialist is available and will do a better job for you and your family. At DeLoach, Hofstra & Cavonis, P.A., estate planning and elder law is all D. “Rep” DeLoach, III, does. He doesn’t just dabble in estate planning while practicing many other areas of law.

How to get estate documents drafted?

To get proper estate documents drafted, financial planners usually recommend using an attorney specializing in estate law. To find an estate attorney, Weaver suggests that people ask friends, colleagues and their financial planner for referrals to estate attorneys they’ve used, and recommends interviewing several before making a decision. “Have questions prepared in advance and interview several candidates from the same list of questions” is her tip for finding the best fit.

What is the essence of estate planning?

Most people have some ideas about how they would like things handled after they die, but many haven’t faced the sobering task of putting their preferences on paper. Planning for the care of family and handling of assets upon one’s eventual death, and having a qualified attorney document those plans in the form of a Will and/or Trust (s) is the essence of estate planning.

How many questions are asked in Mission Financial Planning?

Using Mission Financial Planning's 14 questions is a great way to keep the interviews consistent enough to fairly compare the candidates.

What is an estate?

An estate is just a fancy name for “all your stuff” -- even if it’s not a vintage Bentley and stocks you can trace back the Dutch East India Company. It’s still worth something to someone.

How long does it take to get a will?

If it all works out well, it could take a few months. If there are complications -- like someone contesting the Will -- then it could take years. While it’s difficult to predict unexpected drama among your heirs, by getting these documents completed and a plan in place, you’ve done your very best to eliminate surprises and allow your family to remember you as the great, responsible, and caring person you are.

Why do we need a will?

“The reason you need a Will is because you should be the one who designates who takes care of your stuff, and you should designate who should get your stuff. Because otherwise it may go to people who you don’t want to have the stuff.”.

Is a power of attorney necessary?

“It’s extremely important that you establish legal and financial Power Of Attorney,” he explains. “So a surviving spouse or someone else can make decisions for you if you are incapable. Not if you’re dead, mind you. If you are in any way unable to function.”

What should a personal lawyer do?

Your personal lawyer can and should help you make decisions not only about things like legal documents, but also about things like buying insurance, saving for college, planning for retirement and all the other challenging decisions that will come up along the way of your life and your business. Your business lawyer should be keeping you informed about things like hiring and firing, trademarking and copyrighting, and growing your business.

What to do when you are considering getting your financial affairs in order?

When you begin to consider getting your legal and financial affairs in order, the first thing to do is call the offices of lawyers who you will meet with to handle your planning.

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.

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 a living will?

A living will typically states whether you desire life-sustaining medical treatments if you are terminally ill or in a persistent vegetative state. A medical power of attorney, which is much broader than a living will, allows you to name someone else to make medical decisions for you if you become unable to make those decisions yourself. For example, if you were unable to communicate while recovering from anesthesia, the person you appoint could consent to needed blood tests on your behalf.

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.

Can you name a backup trustee?

A living trust also allows you to name a backup trustee, someone to manage the assets on your behalf if you are unable to manage them yourself. A backup trustee can step in immediately and manage your assets when needed and without court intervention.

Can a will be probated?

A will, no matter how old, can still be probated (established that it is genuine and valid). That can be good and bad. For example, if your will was drafted 25 years ago, as long as it is valid under state law, it can be probated. The bad news is that your personal circumstances have likely changed. Review your will every two to three years or when major changes have occurred in your life.