what to look for in an estate lawyer

by Treva Farrell 10 min read

  • Location. When choosing a real estate attorney, it is essential to look for a well-versed professional who is familiar with local ordinances and laws. ...
  • Years of experience. The more complicated the real estate transaction is, the more experienced your lawyer needs to be. ...
  • Education. Where a lawyer earned his or her law degree will also have a tremendous impact on the success of your case. ...
  • Similar cases in the past. Find out whether a real estate lawyer has handled real estate transactions similar to yours because you need someone who has a clear plan of ...
  • Attorney’s fees. When working with real estate attorneys – or any other lawyers for that matter – it is best to negotiate a price before hiring the lawyer. ...
  • Who will be working on your case? Real estate attorneys often work with paralegals and junior attorneys, which is why you need your prospective lawyer to be upfront about whether ...
  • Reputation. If a real estate lawyer can provide references (i.e., former clients or other real estate professionals), it is a good sign that he or she is confident about their ...
  • Communication. As you may know, communication is key in any legal matter, but even more so when it involves real estate transactions. ...

Full Answer

What should I look for when hiring an estate planning attorney?

May 06, 2021 · Reasons to hire an estate planning attorney. You’re interested in setting up an irrevocable trust. “Irrevocable” means you will not be able to adjust the trust’s terms and you give up control of ... You need to appoint a guardian for an immediate family member. If you are a primary caregiver for a ...

Why do I need an estate attorney?

Jun 25, 2019 · Knowledgeable: Any attorney you work with for your estate plan should be clearly well-versed in the estate planning laws of your area and up to date with any changes that may have occurred in recent years. This will ensure you don’t have any problems with the validity of your will after your passing.

What should I look for when hiring a lawyer?

Remember, do your homework. Hiring an experienced estate attorney can make all the difference in the world in how smoothly and efficiently the estate administration process is handled. Reputation. Even a very experienced estate attorney might not be the right fit for you if they are overbearing and difficult to work with.

Do I need an attorney to create an estate plan?

Mar 07, 2018 · Your lawyer should always be 100% upfront and transparent about what you're going to be paying them, over which period, and if there is a demand on your estate for any legal fees when you're no longer here.

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Experience

How much experience does the attorney have when it comes to handling estates? An attorney may have been in practice for many, many years, but, if only a very small part of his or her practice involves estate administration work, they might not be the right fit for you.

Reputation

Even a very experienced estate attorney might not be the right fit for you if they are overbearing and difficult to work with. Like everything else in life, personalities come into play when making these kind of decisions.

Affordability

Even once you’ve zeroed in on an experienced and reputable attorney, at the end of the day cost is still always going to be an important factor. As a rule of thumb, I would tell you to avoid those attorneys that are going to charge you on either an hourly basis or based on percentage of the value of the estate basis.

Contact Us for a Free Consultation

Learn how we can help you with Probate Estate Administration, Estate Planning, and help you to be a more effective and competent Estate Executor and Administrator. Contact American Wills & Estates today for a free consultation at 412-381-7370 or by using our online inquiry form.

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 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 ...

What happens if you don't have liability insurance?

Without liability insurance, you and your heirs could lose everything.

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.

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.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 35,595 times.

1. Know What You Need in an Estate Lawyer

Before you do anything else, you should know what you need from an estate lawyer. This includes knowing what they do and what services they provide so that you know what questions to ask them.

2. Do They Primarily Focus on Estate Planning?

Which brings us to our next point: do they focus primarily on estate planning?

3. Get a Referral, and Beware of Hype

There are a number of directories available online, as well as bar association referral hotlines.

4. Do They Assist with a Revocable Living Trust?

Once you've found an estate lawyer, you can start asking the big questions.

6. Do They Carry Malpractice Insurance?

Nobody wants to think about legal mistakes. But there's something to be said for asking about malpractice insurance.

7. Projected Length of Your Project

In case you were wondering: a shorter project time isn't implicitly better. You want a quality estate plan, not a quick one.

8. Will They Help Avoid the Probate Process?

We mentioned earlier that an estate lawyer is sometimes called a probate lawyer. Which is somewhat ironic considering that the whole point of hiring an lawyer to get your assets in order is to help you avoid the probate process.

1. Search for candidates

Start by identifying what you need to accomplish with your estate plan. That information will help you determine the type of attorney you'll need.

2. Interview your prospects

After you've narrowed your list to your top few candidates, confirm their state bar registration status, and then talk to them about an interview. An attorney may or may not charge you for an interview.

3. Understand each attorney's fees

Price is a key consideration in choosing an attorney. Keep in mind how much you can pay and find a lawyer whose fees you can afford.

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

What can a real estate attorney do?

A real estate attorney can offer advice on the best way to handle legal issues. If unexpected problems arise during a title search, it’s helpful to have a real estate lawyer on your side. They can provide guidance on this issue too, whereas a title agent can’t.

What does a real estate attorney do when buying a house?

When buying a home, your real estate attorney can oversee the closing process and review any paperwork you need to sign. They’re responsible for preparing documentation for closing. And they can also assist with title insurance.

How much does a real estate attorney charge?

Attorney fees vary, but real estate lawyers typically charge between $150 and $500 per hour. Sometimes, a real estate attorney will charge a flat fee for representing a buyer in a real estate transaction.

Where is Valencia Higuera?

Valencia Higuera is based in Virginia and she covers budgeting, credit cards, and student loan debt, with expertise in frugal living, general banking, and mortgages. She is a self-proclaimed personal finance junkie. Valencia has contributed to publications and outlets including MSN, The Huffington Post, CBS News, Investopedia, and more.

Should I consult with more than one real estate attorney?

It’s smart to consult with more than one real estate attorney before making a decision. But while you want someone who’s knowledgeable, it’s also important to choose someone you’re comfortable working with.

What do I need to know about real estate?

1. Knowledge of the local law. When choosing a real estate attorney, it goes without saying that you need an attorney that’s licensed to practice law in your state. However, you should go a step further and choose a real estate attorney with knowledge of your local area—more specifically, your city.

Do I need an attorney to buy a house?

If you live elsewhere, though, an attorney isn’t required, but still worth considering. If you use a real estate agent when buying a home, you might feel that this is all the representation you need. But while real estate agents can help you find a property and negotiate a purchase price, they can't do everything.

What are the different types of real estate lawyers?

Real estate lawyers are divided into two groups: 1 Commercial (working with businesses to buy, sell, lease, and develop properties); and 2 Residential (preparing and managing mortgage, title, and closing documents when an individual is purchasing a home).

How many homes were sold in 2018?

According to the National Association of Realtors, 5.34 million existing homes were sold in 2018. As you can guess, many of these sellers and buyers benefited from the services of real estate lawyers. However, not all of the attorneys are equally good.

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