what does an estate planning attorney do

by Jeanne Leffler 7 min read

  • Estate planning attorney services include making wills, trusts, and power of attorney forms.
  • Someone with a straightforward estate may not need to pay for an estate lawyer's help.
  • An estate lawyer may charge a few hundred dollars for a simple will, but documents for more complex situations may cost you thousands.

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Full Answer

What makes a good estate planning attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death. In addition to educating you about the probate process, an estate planning attorney …

Should I hire an estate planning attorney?

Mar 06, 2019 · 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.

What should you look for in an estate planning attorney?

An estate planning lawyer helps you develop and implement a strategy. Estate planning isn’t just about filling out some forms. It’s about ensuring you have all the documents you need to secure your estate and to make sure the people you love are all well taken care of. This might mean assembling several estate planning documents.

Do you need to hire an estate planning attorney?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an …

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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 is the purpose of estate planning?

Estate planning is all about protecting your loved ones, which means in part giving them protection from the Internal Revenue Service (IRS). Essential to estate planning is transferring assets to heirs with an eye toward creating the smallest possible tax burden for them.

Why everyone needs an estate plan?

There are generally two main reasons why people put together an estate plan to protect their beneficiaries: To protect minor beneficiaries, or to protect adult beneficiaries from bad decisions, outside influences, creditor problems, and divorcing spouses.

What are the benefits of estate planning?

A key advantage of an estate plan is its power to minimize the probate process and its expenses, delays, and loss of privacy. Charitable giving and business succession can be incorporated into an estate plan.Apr 29, 2021

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.

What is an estate lawyer?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an estate. If you enter this legal specialty, you'll ...

How much do estate planning attorneys make in 2021?

As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000. According to the BLS, the job outlook for all lawyers will increase 4% for the years 2019 to 2029.

How do estate lawyers gain knowledge?

Estate lawyers gain much of their specific estate planning knowledge through on-the-job experience, mentorships and continuing education. Along with having advanced knowledge of the legal system, you should be well versed in the Uniform Probate Code, which imposes rules and limits on wills and trusts.

What are the key skills of a law firm?

Key Skills. Analytical, interpersonal skills, good at problem-solving, research, speaking and writing. Work Environment. Private or corporate offices, may attend meetings at hospitals, prisons or the homes of clients. Similar Occupations.

Designing Your Overall Estate Plan

One of the first things an estate planning attorney does is help you design the overall shape and scope of your estate plan. They’ll help you select the documents and strategies that would best fit the types of assets and wealth in your estate.

Document Preparation

Upon determining the right strategies to implement in your estate plan, your attorney will assist with preparing the necessary documents. Some of the documents you might need in your estate plan include the following:

Creating Trusts

Trusts can be used for a variety of purposes, but in order to be effective, they need to be very carefully constructed. Your estate planning attorney will advise you on selecting the type of trust that would best benefit your estate and construct it in a way that offers the best advantages possible.

Legal Advice

Finally, an estate planning attorney will know all the ins and outs of handling your estate. They’ll provide legal advice on what to do, how to choose executors or trustees for the various components of your estate plan, and so forth. Often, a bit of legal advice is all that separates an effective estate plan from an ineffective one.

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Designing Your Overall Estate Plan

  • One of the first things an estate planning attorney does is help you design the overall shape and scope of your estate plan. They’ll help you select the documents and strategies that would best fit the types of assets and wealth in your estate. This is important because each person’s estate is different. What would make sense for one estate plan wouldn’t necessarily work for another. Fo…
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Document Preparation

  • Upon determining the right strategies to implement in your estate plan, your attorney will assist with preparing the necessary documents. Some of the documents you might need in your estate plan include the following: 1. Last will and testament 2. Living will 3. Trust documents 4. Financial power of attorney 5. Medical power of attorney Each document has its own nuances to be awar…
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Creating Trusts

  • Trusts can be used for a variety of purposes, but in order to be effective, they need to be very carefully constructed. Your estate planningattorney will advise you on selecting the type of trust that would best benefit your estate and construct it in a way that offers the best advantages possible. Some types of trusts your estate planning attorney can help you put together include: 1…
See more on hartdavidcarson.com

Legal Advice

  • Finally, an estate planning attorney will know all the ins and outs of handling your estate. They’ll provide legal advice on what to do, how to choose executors or trustees for the various components of your estate plan, and so forth. Often, a bit of legal advice is all that separates an effective estate plan from an ineffective one. For assistance...
See more on hartdavidcarson.com