Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.
In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.
At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.
To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.
Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.
Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...
After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.
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.
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.
The purpose of that questionnaire is to provide a general understanding of your family and financial situation to your attorney so that they can best advise you on your estate planning needs. It is designed to make the most efficient use of your time with your estate planning lawyer (and your money), so don’t waste it having them fill out the names of your family members, addresses and contact numbers.
Your attorney’s work process (I conduct an initial appointment, a document review meeting, and a signing session, plus telephone conferences in-between)
No one really likes planning for their demise, but procrastination has never benefitted anyone in this area of the law. If you haven’t decided on your executors and beneficiaries, that’s OK, give your attorney what you have and you can work together on the rest.
If you have previously executed a Will, Trust, Durable Power of Attorney , and/or Advance Health Care Directive, don’t forget to bring them with you to your appointment. If you have an existing trust, your new attorney will need to review its provisions to ensure that s/he is following its guidelines for amendment. The other documents will either be destroyed by your attorney or marked “superseded” and kept with their records (old versions of your estate planning documents should never be readily available to your beneficiaries).
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.
Wills and trusts are estate planning tools that allow people to transfer their accounts and property to others when they pass away. It is possible to have both a will and a trust that are part of a larger estate plan.
When you, as the executor or trustee, hire an attorney to help you with the estate or trust administration, you are the client. This means that the attorney-client relationship extends solely to you; the attorney has a legal duty to, and takes direction from, only you.
Wills and trusts can be complex and difficult to understand. Most executors and trustees choose to hire an attorney to help them carry out the terms of these legal documents.
If you are currently serving as an executor or trustee and need assistance navigating the administration, please give us a call at 614-389-9711. We are happy to sit down with you and discuss the process and help guide you through the next steps.
Wills and trusts are estate planning tools that allow people to transfer their accounts and property to others when they pass away. It is possible to have both a will and a trust that are part of a larger estate plan.
Wills and trusts can be complex and difficult to understand. Most executors and trustees choose to hire an attorney to help them carry out the terms of these legal documents.