what can a estate planning lawyer help you with

by Alexandrine Grady 4 min read

  • Creating special trusts. Families are complex, and you may have wishes or worries that are not addressed by a simple will or living trust.
  • Making arrangements for incapacitation. The lawyer can also help you make financial and medical arrangements in the event of your incapacitation.
  • Avoiding probate. A large part of the estate planning attorney’s work also involves using the attorney’s expertise and knowledge of the legal system to help you save money, so that ...
  • Minimizing estate taxes. When the total sum of your assets exceeds a certain amount, state and federal taxes can take a significant cut.

In addition to educating you about the probate process, an estate planning attorney can assist you with the following tasks:
  • Creating a will.
  • Designating your beneficiaries.
  • Establishing durable power of attorney and medical durable power of attorney.
  • Finding ways to reduce and avoid estate tax when possible.

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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What are the duties of an estate lawyer?

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How to choose an estate planning lawyer?

  • How long have you been practicing?
  • Where were you educated?
  • How will you communicate with me?
  • What are the best ways to contact you?
  • Will you be my point of contact, or will it be someone else, such as a paralegal?
  • Will you send me updates about the status of my plan, or should I expect to take the initiative?

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How much does an estate lawyer cost?

Because of the variances, an estate lawyer may cost anywhere from $200 to $2,000. This amount may also depend on whether or not the cost includes a filing fee, which is set by the local court. Due to these factors, estate lawyer costs are unique to each individual and their situation.

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What does estate planning deal with?

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 are four things to consider in estate planning?

A comprehensive estate plan includes four estate planning documents. These documents include a will, a financial power of attorney, an advance care directive, and a living trust.

What are the benefits of estate planning?

The Top 10 Advantages of Estate PlanningProvide for your immediate family. ... Ensure property goes to the right beneficiaries. ... Minimize the expenses and taxes. ... Ease the burdens of your family. ... Support a favorite cause. ... Plan for any kind of incapacity. ... Reduce taxes that take place on your estate.More items...•

What is the most important part of estate planning?

Wills and Trusts A will or trust should be one of the main components of every estate plan, even if you don't have substantial assets. Wills ensure property is distributed according to an individual's wishes (if drafted according to state laws).

What is the first step in estate planning?

Step 1: Sign a will You need one to ensure that your chosen heirs will get the assets that you want to leave to them. In your will, you name an executor who will have the power and responsibility to pay your debts and distribute the remainder of your estate according to your wishes.

What are the 4 must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

At what net worth do I need a trust?

Here's a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.

What are the four major components of a will?

Table of ContentsTestator Information and Execution.The Executor and Their Powers.Guardianship of Dependents.Disposition of Assets.

What is estate benefit?

Benefit of Estate 'Benefit' means an advantage, betterment or to profit, 'Estate' means landed property. Since here the expression is used in connection with joint family property, 'estate' would mean joint family landed property.

What are the main goals of estate planning?

Having worked with clients to develop estate plans, there are some common basic goals that are considered. This includes providing for loved ones, mitigating or avoiding probate, minimizing taxes, providing for the orderly distribution and stewardship of assets, protecting assets, and planning for incapacity.

What happens to bank account when someone dies without a will?

What happens to a bank account when someone dies without a will? If someone dies without a will, the bank account still passes to the named beneficiary for the account.

What three things should a will accomplish?

A will is the foundation of a strong estate plan and it must include any requirements set by state law.You should include your estate assets, choose your beneficiaries, and nominate a personal representative.Your will does not need to include certain assets that pass outside of probate.More items...•

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.

Why do you need to set up a trust?

Setting up any trusts you might need to protect your assets, both for your own benefit during your lifetime in the event of incapacity, and for the benefit of your beneficiaries 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.

Does Protective Life offer tax advice?

Neither Protective Life nor its representatives offer legal or tax advice. We encourage you to consult with your financial adviser and legal or tax adviser regarding your individual situations before making investment, social security, retirement planning, and tax-related decisions. For information about Protective Life and its products and services, visit www.protective.com .

How does a will affect a family?

Living family members will often fight as to who gets what property and can eventually strain relationships.

What does an estate planning lawyer do?

An estate planning lawyer can ensure that all of your hard work will not go to waste. Once you work with them, you can be at ease knowing that your assets will be given to people who are trustworthy and deserving.

Do two people have the same family structure?

As mentioned, no two people have the same family structure and number of properties. Every individual is different, which means that they’ll also need different kinds of wills. But it doesn’t stop there. Aside from a will, there are other legal instruments to consider before your heirs can fully enjoy the assets you’ve earned for years.

What is the most commonly used estate planning instrument?

One frequently utilized estate planning instrument is a trust. There are several types of trusts, and an experienced estate lawyer can make one that is applicable for a person’s specific purposes. A trust can be useful because no court is involved and the assets can be distributed immediately. Probate is avoided, and there is no public record of the estate.

Is estate planning for the wealthy?

People mistakenly believe that estate planning is for the wealthy only. However, it is not just the wealthy who benefit from estate planning – everybody can benefit from having an estate planning lawyer make a written plan that prepares for the uncomplicated transfer of all assets.

What does it mean to hire an estate planning lawyer?

When you hire an estate planning lawyer, you are basically bringing in a new member of your family. They will learn all there is to know about how your family works, Remember, it's their job to get close.

How to find an estate planning attorney?

The first thing you should look for when considering any estate planning lawyer is whether they have experience. Most lawyers will feature prominent clients they've worked with before on their websites or in their offices. Sometimes, it can be hard to find evidence that they have experience, though.#N#When you first sit down with a lawyer you're thinking about hiring, ask about who they worked with before. Make sure to ask questions about how they handled clients and their process for creating plans for clients. Also, ask about any difficult situations they faced and how they handled them.#N#That way, you'll learn about how they face adversity. People's true personalities shine when facing a challenge and your estate planning attorney is no different. It will tell you about how they do business, and if you can actually trust them to handle your estate well.

What skills do estate planning lawyers need?

One of the most crucial abilities any decent estate planning lawyer must have is the ability to anticipate change. Life is full of possibilities, and any of them can change the way your estate is left behind. You could have a new grandchild or a new cousin that you want to include in your will, for example.#N#Your estate planning lawyer should understand that and should stay in constant communication with you. It's a way to stay prepared in case you need to open a living trust alongside your will, or any other change. They should regularly check-in for updates on your life just like friends and family!

Hiring an Estate Planning Lawyer

Your estate comprises everything that makes up your net worth. But, estate planning is less about your assets and more about your wishes.

Planning For the Unexpected

Life doesn’t give guarantees. In an instant, a catastrophic event can change your life and the lives of those you love. Death is not a respecter of persons. People mistakenly think they aren’t old enough to need to consider estate planning.

You Deserve to Have Your Say

Estate planning gives you a voice in court after you die. Handwritten wills get contested. You may not have much, but don’t you want to decide who gets your wares?

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