how to find a good lawyer for estate planning

by Prof. Karine Crona Sr. 7 min read

How Do I Find a Great Estate Planning Attorney?

  • Go with a Specialist. Not every lawyer specializes in estate planning, so look for one whose primary focus is estate and trust law in your area.
  • Ask About Experience. Ask about the attorney’s trusts-and-estates experience. ...
  • Be Clear on Prices. ...
  • It’s an Ongoing Relationship. ...

Full Answer

Why do I need an estate planning attorney?

  • 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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Will and Estate Planning Attorneys?

Estate planning lawyers help people write instructions for the future handling of their property, finances, healthcare, and the future support and care of their loved ones. Use FindLaw to hire a local estate planning lawyer near you to establish a guardianship, draft documents like wills, trusts, and durable power of attorney for healthcare.

What does an estate planning attorney do?

The lawyer explains that estate planning is very important in order to ensure the future of the family. A lot of hard work goes into accumulating wealth and securing a legacy. This is why it is very important to protect those assets and plan how they will be distributed in case the owner passes away.

What is estate planning attorney?

Your estate planning attorney can look at your financial status, family situation, and any special considerations and know what planning tools you will need. For these common cases, your attorney may offer a flat fee arrangement—that is, a firm price to complete all of your estate planning work.

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What should I gather for estate planning?

Estate planning checklistLast will and testament. ... Revocable living trust. ... Beneficiary designations. ... Advance healthcare directive (AHCD) / living will. ... Financial power of attorney (POA) ... Insurance policies and financial information. ... Proof of identity documents. ... Titles and property deeds.More items...•

Are estate planners expensive?

Estate plan costs vary because each estate plan has unique needs. The lower end of the spectrum can include a basic will written for as little as $150 to $200. But a more complex plan may cost you upwards of $300 per hour.

Does AARP offer estate planning?

Our FREE Personal Estate Planning Kit is a tool for organizing your estate — saving you time, protecting your assets, and helping you establish your legacy.

How much do lawyers charge to wind up an estate?

Currently the fee is 3.5% on the gross value of the estate. This is the fee the executor charge to wind up the estate of a deceased person.

What is estate attorney?

Estate attorneys ensure, through planning, that a person’s assets, debts, and property are taken care of after they pass away. In short, they are responsible for making sure everything you want to be passed down is passed down correctly.

Do law firms have reviews?

Most law firms have reviews from actual clients either on their website or on their Google page. These reviews are usually from clients who felt compelled enough, positively or negatively, to share their experiences. Read up on different law firms, including what they specialize in and what they are known for.

Can you tell if an estate attorney is working?

It requires you to have a keen sense of character and to be able to tell whether someone will be there when you need them. In the worst of cases, you are not going to be able to tell if your estate attorney has done does their job or not, after all – it will be your heirs, your family & children who will need to work with them.

Can a personal injury lawyer evaluate an estate?

A personal injury lawyer or a corporate lawyer likely will not have much particular interest at stake in giving you a fair assessment of an estate lawyer’s office. Check your network. You might be able to get both an honest opinion and a skillful evaluation of estate lawyers just by asking other lawyers about them.

How much does an estate planning attorney charge?

Some estate-planning attorneys charge by the hour. As a rule of thumb, these lawyers typically have hourly fees of $250 to $550. If you’ll use one who charges this way, ask approximately how long the process will take, so you have an idea of the total cost from the outset.

What can an estate planner do for you?

An estate planner can help you prevent crucial missteps and assist you in adjusting your plans as your circumstances, and laws, change.

Why add a trust?

Add on a trust, and the cost tends to get much steeper. A trust can help save on estate taxes, avoid probate (proving in court that a will is valid), save on time and court fees and put conditions on the disposition of your assets after you die.

Is estate planning a part of financial planning?

Estate planning is a critical part of financial planning, but something many Americans procrastinate about. Yet drafting a will and a health care proxy or power of attorney, maybe creating a trust, and maximizing your loved ones’ inheritances by minimizing taxes are all important matters you don’t want to leave to chance.

How to plan your estate on your own?

1. Decide whether you need an attorney. If you own very little real estate or personal property, you may be able to use a document kit and plan your estate on your own. However, if you own real estate, have retirement or investment accounts, or own your own business, you should seek professional legal assistance.

What is estate planning?

Planning your estate involves deciding what will happen to your personal property and real estate after you die. The law provides a default scheme for disposing of property, but relying on that involves a lengthy court process and potentially hefty tax consequences for your heirs. The alternative is to plan things out ahead ...

How to narrow your list of potential attorneys?

1. Have a preliminary phone consultation. Many attorneys will hold a brief interview with you over the phone. Since these take up less time and require less effort than in-person consultations, you can talk to more attorneys this way and use the phone interviews to narrow your list of possible contenders.

What factors affect the cost of an estate plan?

Many factors will affect the cost of your estate plans, including the experience of the attorney, the type and amount of assets you have, and the complexity of any tax planning. Each attorney should be able to explain clearly how costs are assessed and how rates are computed.

What is the state bar association?

State bar associations often offer a lawyer referral service that enables you to meet briefly with a pre-screened attorney after answering a few general questions about your needs.

What can an estate planning attorney do for you?

An estate planning attorney will be able to help you legally determine how your assets will be managed during your lifetime and how to distribute them after your death. A good attorney will also adjust your estate plan so that it minimizes taxes and eliminates court costs and interference.

Why is it important to have an estate attorney?

A good attorney will also adjust your estate plan so that it minimizes taxes and eliminates court costs and interference. You can create a legally binding document that ensures that you have control of your finances, taxes, and medical plans.

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.

What is an Estate Planning Attorney?

Estate Planning attorneys are licensed legal professionals who have a clear and thorough understanding of federal and individual state laws surrounding everything having to do with an estate.

5 Tips for Choosing an Estate Planning Attorney

Now that you understand what, exactly, an Estate Planning attorney is, you may be wondering how to find an Estate Planning attorney who’s right for you, your situation and your estate. You can find the perfect attorney for all your needs by following five simple steps.

Find the Right Estate Planning Attorney for You

Creating your estate plan is one of the most important things you’ll do in life. Finding the right Estate Planning attorney can help you do it. Your estate plan protects you. It helps ensure that your loved ones will have the comfort of knowing you cared enough to prepare for their future.

What is an estate lawyer?

An estate lawyer is trained in matters related to passing on your assets after you die, and planning for situations where you can no longer care for yourself. They are experts in wills, trusts, and your local probate process. Some estate lawyers may also have specialties, like planning the succession of a business.

How to leave assets to stepchild?

To leave assets to a stepchild, stepparent, or half-sibling, consider working with an estate lawyer. Most people could benefit from working with an estate planning attorney, but it may not be necessary (and you may not want to pay for it) in many situations. On the other hand, people in certain situations may need the help ...

Can you pass on your estate if you aren't survived?

This only happens if you aren’t survived by a spouse or child, but a solid estate plan will protect your assets and allow you to pass on as much of your estate as possible. If this is your situation, you may want to look for an estate lawyer who specializes in elder law. You want to set up an irrevocable trust .

Can you pass on assets to a business partner?

You have out-of-state property or assets . Passing on assets can get tricky if they’re crossing state boundaries, since two states may have different tax codes or other legal requirements for how to transfer an asset.

Do you need a guardian if you have a special needs person?

You have immediate family members with special needs or who will require a guardian . If you provide care for anyone who has special needs or is incapacitated ( cannot care for themselves) then you probably need to appoint a guardian for them in your estate planning documents.

Can you bequeath assets to someone who isn't a citizen?

You have foreign property or assets . You’re planning to bequeath assets to someone who isn’t a citizen . You could also run into issues if you plan to name an executor who isn't a legal U.S. resident. Certain tasks, like getting a tax ID to open an estate account, may not be possible for nonresidents.

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