when to call your estate planning attorney

by Meagan McDermott 6 min read

An estate planning attorney can also be called upon to guide anyone with power of attorney over a recently deceased person's estate through the process of probate court.

Plan for unexpected situations, like the death of your beneficiary. Write a living will outlining your end-of-life decisions. Grant someone a durable power of attorney for financial or health care decisions. Answer any questions you have about estate planning and local laws.

Full Answer

Do I need a lawyer for estate planning?

Apr 24, 2019 · Consider contacting the Texas estate planning attorneys at The Mendel Law Firm, L.P. by calling 281-759-3213 to schedule your appointment and …

What questions should I ask when meeting with an estate planning lawyer?

Jun 29, 2021 · While most estate-planning attorneys strive to make themselves available to their clients at any time, it's important to know that an associate …

How do I choose a lawyer after a client dies?

May 20, 2019 · Another important reason for you to call an estate planning attorney is when you are diagnosed with a chronic or terminal illness. Such illness may result to physical or mental incapacity or even death. If you have a serious illness, it is best and high time to have an attorney at your side. Plan ahead and make decisions while you still can.

How often should you review your estate plan?

Jun 20, 2018 · In choosing an estate planning attorney, you want to be extremely thorough. This is someone who will be handling the ownership of your personal belongings for the remainder of your life and beyond, so it is incredibly important to hire someone you trust to take care of you. Steve Rausch, of Capital City Law is in his 15th year of estate ...

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What are the stages of estate planning?

The Estate Planning Process: 6 Steps to TakeCREATE AN INVENTORY OF WHAT YOU OWN AND WHAT YOU OWE. ... DEVELOP A CONTINGENCY PLAN. ... PROVIDE FOR CHILDREN AND DEPENDENTS. ... PROTECT YOUR ASSETS. ... DOCUMENT YOUR WISHES. ... APPOINT FIDUCIARIES.Mar 2, 2020

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

Key Takeaways. A will is a legal document that spells out your wishes regarding the care of your children, as well as the distribution of your assets after your death. Failure to prepare a will typically leaves decisions about your estate in the hands of judges or state officials and may also cause family strife.

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Apr 13, 2022

What is a second wife entitled to?

Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child. Your IRA will go to whomever you've named on the IRA's beneficiary form, leaving your new spouse out.

Why do you need an estate attorney?

Another important reason for you to call an estate planning attorney is when you are diagnosed with a chronic or terminal illness. Such illness may result to physical or mental incapacity or even death. If you have a serious illness, it is best and high time to have an attorney at your side. Plan ahead and make decisions while you still can. This might be difficult for you, but you have to make this a priority, not only for your sake, but for your family’s as well. Your attorney will help you on matters that have something to do with your estate plan documents, ownership of assets, beneficiary designations and health care documents. It is important that you sign documents like health care wishes and power of attorney.

What are the life events that require an estate plan?

These life events can include birth of a child or even a grandchild, purchase of a residence, buying a new property and others. It is best to keep your estate plan updated. It is advisable that, once in a few years, even if there are no important changes in your life, you talk to your attorney and review your plan for possible updates.

What to do if you are engaged to be married?

If you are engaged to be married, one of the first things you must do is to contact an estate panning attorney. This is because you need to decide on whether you should have a prenuptial agreement before entering into marriage. To give you an idea, a prenuptial agreement fixes the couple’s assets for their proper division in case of death or divorce. This is the best way for you to protect your asset or your family member’s. If you are already married and you have a child who is engaged, this also applies to your child. Remember that having a lawyer draft and negotiate a prenuptial agreement is your best defense against losing your own and your family’s assets.

What is an estate planning lawyer?

Your estate planning lawyer is someone that you’ll be working with, and sharing intimate details of your life with, potentially for the duration of your life, so it’s critical that you like and trust this individual. Make sure that they’re truly listening to you and are interested in what you have to say and make you feel comfortable.

What to do before meeting with potential attorney?

Before you meet with your potential candidates in person, they may give you a list of information they need to be able to evaluate your case. It’s a good sign when your potential attorney gives you a questionnaire or goal form to send back before the meeting. This is a good indication that they take your case seriously and want to get to know you.

Can an attorney disclose their fees?

Sometimes attorneys won’t disclose their fees prior to your appointment with them. It may be difficult for attorneys to quote you an exact fee without knowing the particulars of your case. However, it’s not impossible for them to give you an estimated fee range, so you’re not left in the dark when it comes to what your attorney will charge you. At the same time, be careful of attorneys who quote a fixed fee without looking at your case. This is an indicator that they give everyone the same estate plan instead of meeting your personal needs.

What is a municipal charter?

A municipal charter or policy may affect the representation, including who can authorize the expense. Most important, the attorney you call must be competent, communicate effectively, and have sufficient experience in municipal law, specifically planning and zoning .

How does a local government benefit?

A local government will most often benefit – particularly when someone is being difficult or pushing the envelope – by the valuable part that the applicant’s attorney can play as an effective communicator to their client and a collaborator in the process.

When to contact a zoning attorney?

Another time to contact your attorney is before you initiate legal action to enforce zoning or another ordinance. The zoning administrator or enforcement officer should first attempt to resolve ordinance violations by communicating with the property owner or occupant to achieve voluntary compliance. Involving your attorney should come ...

When to call a municipal attorney?

The most obvious time to call your municipal attorney without delay is when you receive notice of a lawsuit or any formal dispute resolution process, such as arbitration or mediation. The clock begins ticking on the deadline to respond or take other action in defense of a lawsuit as soon as a summons and complaint is served.

Is a cough a cold?

But like the adage that sometimes a cough is not just a cold, local planning and zoning officials must be able to recognize the signs that legal help is needed. Not every rezoning or other process requires your attorney, and legal counsel is no substitute for having adequately trained planning commission and zoning board of appeals members.

What is 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.

What is a learning center article?

All Learning Center articles are general summaries that can be used when considering your financial future at various life stages. The information presented is for educational purposes and is meant to supplement other information specific to your situation.

Can an estate planning attorney help with probate?

In fact, a good estate planning attorney may be able to help you avoid probate court altogether, but that largely depends on the type of assets in the deceased's estate and how they are legally allowed to be transferred.

What is an estate planning attorney?

An estate planning attorney is a lawyer who specializes in handling estate planning matters. In terms of certifications, these lawyers are no different from ones who specialize in mergers and acquisitions or personal injury suits. Regardless of specialty, they still have to pass the bar exam for the state in which they practice.

What is an AEP certification?

Here are a few examples of certifications you might see: Accredited Estate Planner (AEP): The National Association of Estate Planners and Councils awards the accredited estate planner designation to licensed attorneys, CPAs, chartered life underwriters and certain other financial advisors.

Why is state specific expertise important?

State-specific expertise is particularly important when it comes to estate planning. That’s because laws and probate procedures differ by state and locale. On a less technical note, you should look for an estate planning attorney who puts you at ease.

How to plan for estate?

Tips for Planning Your Estate 1 To maximize the legacy you leave to your heirs, you’ll need a comprehensive financial plan and investing strategy. A financial advisor can help you with both. Luckily, SmartAsset’s free tool can match you with up to three advisors in your area. Get started now. 2 It’s never pleasant to think about, but there may come a time when you’re unable to make decisions for yourself. For these scenarios, a living will or another form of advance directive can help ensure your family knows your wishes.

What is the best way to plan an estate?

An estate planning attorney can help you determine a plan that makes the most sense for your unique situation. With the help of a qualified professional, you can go into the estate planning process with confidence. This will leave you knowing that your plan is airtight, which will only bring you ease.

What is a CTFA?

Certified Trust and Financial Advisor (CTFA): The American Bankers Association, along with the Institute of Certified Bankers, awards the certified trust and financial advisor (CTFA) designation to individuals who meet certain criteria.

Does probate help with estate planning?

Should probate become necessary, they can help with that as well. Additionally, an estate planning lawyer can help you ensure that you’re prepared for end-of-life scenarios in which you’re unable to make your own decisions.

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