Expert Advice on What to Look for When Hiring an Estate Planning Attorney

by Mohit Negi SEO

Introduction

Estate planning is an important but often complex process. It entails a tonne of paper work, legal advice, and future decision-making—all of which can be very perplexing. It is crucial to seek out a skilled estate planning lawyer who can give you professional counsel and direction.

The right lawyer for your estate planning needs should be experienced, knowledgeable, and trustworthy—but how do you find them? In this blog post, I'll walk you through what to consider when hiring an estate planning attorney. From selecting the right attorney with the right experience to understanding their fee structure and more, I'll provide all the tips and advice you need to make sure you have the best person in your corner.

Why Hire an Estate Planning Attorney?

Making sure your assets and wishes get carried out in the event of your passing isn’t something you can take lightly—so it’s important to make sure you have legal counsel you can trust. When it comes to planning your estate, an expert attorney is the best person to turn to. They can determine the best strategy for you to approach estate planning because they are knowledgeable about current legislation and will ensure that everything is handled promptly.

Estate planning attorneys will also be better positioned to offer advice on not just taxes but also other economic and legal issues that you may not necessarily be aware of or may not have considered. Plus, if you have a large or complex estate, having a professional help guide the way through it is invaluable - from drafting the documents necessary to arrange your wishes, distributing assets properly while avoiding probate court, or navigating potential conflicts between heirs—they can handle everything so that you don't have to worry about it.

Education and Experience in Estate Planning

When it comes to estate planning attorneys, finding one who is knowledgeable and experienced in the relevant areas is key. When deciding who to hire, look into a lawyer’s educational background and their past experience dealing with estate plans.

Be sure they have completed estate planning and probate law courses in addition to having a J.D., so you know they are knowledgeable about the most recent trends and laws. The National Network of Estate Planning Attorneys can also be a great resource for finding lawyers that specialize in the field.

It’s just as important that your attorney has experience in the field, too. Ask them how many years they’ve been practicing law, if they regularly handle estate planning cases, if they have certifications or awards in the area of estate planning, and how long they have been working on estate plans for people in your state specifically. Understanding the answers to these inquiries will give you more confidence in their training and competence to give you sound legal counsel relevant to your case.

What Services Do Estate Planning Attorneys Offer?

Hiring an estate planning attorney isn't just about having legal paperwork drawn up—you need to make sure that you get the services you need and deserve. Experienced attorneys should offer a range of services, so here are a few things to look for:

Drafting Wills and Trusts: Estate planning attorneys can draw up wills, trusts, durable powers of attorney and other documents related to your estate plan. A good attorney should be able to accurately assess your needs and provide you with the right documents. They will also be able to explain the nuances of these important documents so that you can make informed decisions.
Advice on Asset Transfers: Asset transfers are part of estate planning and they’re complicated. An experienced attorney should be able to provide advice on how best to handle transfers, and when it’s appropriate. They can also devise ways for transferring assets without triggering taxes or other serious financial issues.
Tax Planning for Your Estate: Taxes are an unfortunate part of life—and death—but a good estate planning attorney can work within current tax law to help minimize their impact on your estate plan. They should also understand how recent changes in tax law will affect your plan moving forward.
Estate Planning Seminars: An experienced estate planning attorney might offer seminars or workshops explaining the basics of estate planning and helping people become more informed about their own particular needs (especially if they don't have an attorney). This could be a priceless tool for deciding whether you require professional assistance when creating an estate plan or making changes to one that is currently in place.

Questions to Ask an Estate Planning Attorney

When you're interviewing estate planning attorneys, it's important to ask the right questions. After all, this person is going to be helping you with important decisions and documents associated with your estate. Here are some questions that you should consider asking:

What are your professional qualifications?
Have you ever been disciplined for any legal violations or ethical issues?
How familiar are you with tax and asset rules and regulations in my state?
How do you handle conflicts of interest among family members?
Are there any other services I should consider when dealing with my estate planning needs?
How much do your services cost and what forms of payment do you accept?
Do you have any references from past clients who were happy with your services?

Getting answers to these questions will give you a better understanding of the potential attorney's qualifications and experience as well as their fees, payment options, and ability to handle conflict between family members if necessary. Asking the right questions upfront can help ensure that the estate planning attorney you hire is a good fit for your needs.

Is the Attorney Accessible and Responsive?

When you start your search for an estate planning attorney, you'll want to make sure the person or firm you hire is accessible and responsive. This is crucial because, depending on how complicated your case is, estate preparation can take several months. It is worthwhile to take the time to choose an attorney who will be ready to address any of your questions and concerns because you will be collaborating directly with them throughout this process.

There are several ways to determine if an attorney is accessible and responsive:

Get references from people who have worked with the attorney in the past - this can give you a good idea of their communication style and availability
Ask them about their response time - ask them how quickly they would expect to be able to get back to you with questions or concerns
Don’t be afraid to ask for a consultation - this can help give you a better sense of their communication style, as well as their knowledge in estate planning law
Look at online reviews - reading online reviews can provide valuable insight into an attorney's responsiveness
Trust your gut - ultimately, it's up to you whether or not an attorney is right for you, so use your best judgment

Making sure that the estate planning attorney you choose is accessible and responsive is essential—it will ensure that all of your questions will be answered in a timely manner, and that all relevant legal matters pertaining to your estate plan are attended to.

Common Mistakes to Avoid When Choosing an Estate Planning Attorney

When selecting an estate planning attorney, there are a few common mistakes to watch out for. Avoid these pitfalls and you’ll be one step closer to finding the right person for the job.

Not Checking Referrals

One mistake many people make is not asking for referrals from colleagues and friends. Getting real-world insight into the experiences of other people is invaluable when looking for an estate planning attorney. So make sure to ask around about who people have used in the past and get their recommendations!

Not Interviewing Multiple Attorneys

Another mistake to avoid is not interviewing multiple attorneys before making a decision. You want to find someone who has extensive knowledge of estate law and who is committed to helping you get the best outcome possible—so take some time to speak with several different attorneys before deciding on one.

Here are a few questions you can ask potential attorneys:

What experience do you have practicing estate law?
How do you charge for your services?
What unique services can you offer me as a client?
Will I be working with you directly, or will I be speaking with another lawyer if I call your office?
Do you offer estate tax planning advice?

Once you’ve asked these questions (and any others that might come up during the interview), it’s time to weigh all your options and choose the best attorney for your situation!

Conclusion

As you can see, when you’re hiring an estate planning attorney, it's important to do your research. Ask about the attorney’s background, certifications, and any specializations they may have in the estate planning field. Make sure any potential attorney is up to date on state estate laws and has the experience to properly draft and submit wills, trusts, and other documents.

It’s also essential to get an idea of the attorney’s fees and ask questions if you’re uncertain of anything. Once you’ve weighed all of the considerations, you can make an informed decision and feel confident that you have the best attorney in place to handle your family’s estate planning needs.