what a planning attorney does

An estate planning attorney can provide legal advice on how to prepare your will after you pass away or in the event that you experience mental incapacity. She will have all the information and education on all the legal processes, beginning with your will and moving on to other important planning documents.

Full Answer

What Is an Estate Planning Attorney?

An estate planning attorney is an attorney who helps you navigate the legal system so that you can leave behind your property in the manner you desire after your death.

What Does an Estate Planning Lawyer Do?

Because people’s personal situations and wishes differ so drastically, an estate planning attorney’s tasks will vary depending on each client’s goals. Frequent areas of focus include:

How Much Does an Estate Planning Lawyer Cost?

Estate planning attorneys often charge flat fees—for example, a fixed fee for drafting a simple will. Our survey of readers who hired estate planning lawyers found that most readers who used an attorney ended up purchasing estate planning packages that bundled several documents together.

Do You Need a Lawyer to Make an Estate Plan?

In our survey of readers, more than a third opted to create their estate planning documents without the help of a lawyer at all, usually with the help of software like Nolo’s Willmaker. A lawyer is not always necessary; some documents, such as health directives and wills, can be quite simple if your circumstances are straightforward.

What are the responsibilities of an estate planning attorney?

The attorney’s first responsibility is to meet with the potential client to discuss his or her life situation, get a good idea as to what the person’s goals are, and to advise him or her on the best options in an estate plan.

What is an estate planning attorney?

An estate planning attorney is a bar-certified attorney who focuses his or her practice on assisting clients in preparing for their eventual death or even potential incapacity. The attorney will need a basic legal background and license to practice law in their state, but an attorney who focuses his or her practice on estate planning. They work with the client to draft legal documents that include last wills and testaments and trust documents. The attorney’s background is such that he or she will be able to advise the client on the best estate plan for the client’s situation. The estate attorney will also draft associated documents, such as powers of attorney and healthcare directives, to help the individual prepare for what would happen in the event of incapacity.

What is an estate plan?

Everyone needs an estate plan, whether it be something as simple as a will or complex as a revocable trust. It is important that every individual have these documents to direct his or her loved ones on what happens to his or her personal belongings and debts after death, as well as who will take care of the person’s minor children in the event ...

What does an attorney do when preparing a trust?

If the attorney prepares a trust, he or she may also work with the client on preparing associated documents to ensure that the goals of the client are met even after the trust is executed. For instance, for a trust to be truly effective, the property of the grantor of the trust needs to be funded into the trust.

How much does an attorney charge per hour?

Hourly rates can be anywhere between $100 to $500 for hour depending on where the attorney is located and what is required. However, hourly rates can tend to get fairly costly, and it is for this reason that many choose the simpler, flat fee arrangement.

What does it mean when someone prepares an estate plan?

Everyone’s life situation is different, which means that what one person needs when preparing an estate plan is completely different than what another individual may need. In addition, many people will prepare these “DIY” estate plans without really understanding what they are signing.

What documents do estate attorneys draft?

The estate attorney will also draft associated documents, such as powers of attorney and healthcare directives, to help the individual prepare for what would happen in the event of incapacity.

Why do I need an estate planning attorney?

Still you might be wondering, "why do I need an estate planning attorney?" Well, here's the gist: When an individual passes away, his or her property must be distributed to another person. There are two main ways this distribution will occur: probate or an estate plan created by the decedent. Every individual has the right to determine how his or her assets are distributed upon his or her death. If an individual fails to create an estate plan, their assets will be distributed as determined by California's default rules regarding intestacy.

What does an estate attorney do?

Put simply, an estate planning attorney should design and draft all of your estate planning documents including your will, living trust, irrevocable trusts, power of attorney, advance healthcare directive, living will, and Health Insurance Portability and Accountability Act (HIPAA) release at a minimum. However, there are many varying circumstances for individual people and their families that prompt the need to incorporate additional estate planning documents.

What is a trust lawyer?

A trust lawyer should design and draft all of your estate planning documents including your will, living trust, irrevocable trusts, power of attorney, advance healthcare directive, living will, and Health Insurance Portability and Accountability Act (HIPAA) release at a minimum. The best trust lawyers will design personalized estate plans based on your particular set of circumstances, and maintain the efficacy of your estate plan through all of life's experiences.

Why is estate planning important?

Sometimes people never get around to it. However, planning ahead is important because doing so can save you thousands and thousands of dollars.

Does smart planning have to be complicated?

Smarter planning doesn't have to complicated.