If money is an issue, it may be possible for you to find an attorney who is willing to consult with you on a few limited issues, or to review documents you’ve drafted yourself. If you decide to consult an attorney, compile documents and information about your property and assets, and think about what is likely to happen in the coming years, how much your property would potentially be worth, and who you want to have ownership or control over it. The types and quantity of assets you have will in part determine both what kind of attorney you should look for and how much that attorney will charge you to draft a plan for your estate.
At the same time, be wary of possible ulterior motives, especially if you have a relatively large estate and the person you’re asking for a recommendation stands to gain or believes she’ll be listed as an heir. Always carefully vet an attorney before hiring him, even if he was recommended by a close friend or relative. You may have an attorney you use for other matters. If so, ask her if she knows an estate-planning attorney she could recommend. An attorney would have a good understanding of another attorney’s status, experience, and professional reputation. [1] X Trustworthy Source Iowa State University Extension and Outreach Iowa State University’s Extension and Outreach program dedicated to educating and engaging communities Go to source
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. This initial consultation typically is cheaper than what attorneys would charge if you didn’t use the referral service.
Before applying for certification, an attorney must have a certain number of years of experience practicing law in the area, usually at least five. To become certified, an attorney must submit a number of professional references, take additional courses in that area of law, and pass a lengthy written exam.
One example is the American College of Trust and Estate Counsel. Its members frequently publish articles and present topics at continuing legal education seminars, so if you find an attorney listed as a member you can be more confident that she is an estate planning expert. [2] X Research source You also can search the member directory of the American Academy of Estate Planning Attorneys.
Keep in mind that an attorney’s website is also a marketing tool. You are seeing what he wants you to see, so the things he chooses to emphasize or promote on his website give you a good idea of his interests and his professional comfort zone. Look at any background or biographical information the attorney has listed. You not only want to review this for experience and education in estate planning, you also want to see if the attorney seems like someone you can relate to. For example, maybe you have a beagle, and you notice on one attorney’s bio page that he says he breeds beagles. Since your estate planner will likely be in your life for a long time, it can be important to have common interests. [3] X Research source Pay attention to the attorney’s social media presence. If she has active social media accounts that are updated regularly, or runs a blog where she regularly posts about new developments in the law, you can be assured that she is responsive to her clients and keeps up-to-date on important issues in her practice area.
You want to make sure all attorneys you interview are licensed and in good standing. If any of your prospects have significant complaints or professional disciplinary action on their record, remove them from your list.
Find out if the attorney offers a free or low-cost initial consultation before you schedule the interview. You don’t want to get caught unawares when handed a large bill. [4] X Research source Even if the initial consultation is free, the attorney may have a time limit set. Find out how long a free consultation lasts and what the attorney will charge if you go over that time.
A thorough attorney may also provide you with questionnaires or goal forms she expects you to fill out and send back before the interview. Make sure you return that information with plenty of time for her to review your answers so your interview will be as productive as possible
How much expertise you need depends on your particular situation. If you have a fairly simple estate, you may be able to save money by hiring someone who only has a few years of experience. However, if you have a complex estate, for example you own multiple investment accounts or have real estate in several states or overseas, you not only need an attorney with more experience, but with specific experience handling estates similar to yours. [5] X Research source You also want to find out how much of the attorney’s practice consists of estate planning and how much is devoted to other work. While an attorney may excel in a number of different practice areas, your best estate planners typically work in that realm exclusively. [6] X Research source Ask the attorney how much of the work on your case he’ll be doing himself and how much will be delegated to beginning attorneys or other staff. If you have a simple estate, you can save some preparation costs if the bulk of the work is done by a paralegal or an inexperienced attorney under the supervision of someone more experienced. However, if you have complex property matters you want to make sure the person handling them has the necessary expertise. [7] X Research source
You should think twice about hiring an attorney to plan your estate if he does not have liability insurance. If he or someone working for him makes a mistake, it could be incredibly costly and might be impossible to undo or reverse. Without liability insurance, you and your heirs could lose everything. [10] X Research source
The best attorney also will be able to explain the law, and your options under the law, in a way that you understand. It’s worthless to pay for documents if you don’t understand what they mean or what they do. [11] X Research source
To help you effectively, the attorney should be actively interested in what you’re saying. She should ask you plenty of questions as well, about what your goals are with your estate and how you want to accomplish them. If the attorney is distracted or attends to other clients or practice matters while talking to you, she may not be focused enough on meeting your needs, or willing to come up with a unique custom solution for you if your circumstances require one. [12] X Research source Whoever you choose will have to ask you some very personal and potentially uncomfortable questions so she can understand your needs, your life situation, and your relationships with your family and friends. It’s imperative that you are comfortable with the attorney. In this way, interviewing an estate planner is almost like going out on a date. You want to feel warm, friendly and open with the attorney you choose. If the relationship feels stiff and awkward, that attorney is not the one for you. [13] X Research source
Flat fee packages typically center around the drafting and finalization of particular documents. For example, the attorney may draft a will for $500. If you need other services in addition to will drafting, the same attorney may be happy to take those tasks on as well, but will charge you extra for them. The more consultations and face-to-face meetings are included, the more expensive the service will be. 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. [14] X Research source After the initial consultation, an experienced estate-planning attorney should have a good idea of how much work your estate will entail. However, in most cases she needs to have that initial consultation first so she understands the various aspects of your case at least on a basic level.
However, estate-planning attorneys often have former clients provide a reference, which they publish on their website or make available to potential clients on request.
Understand that cost is not your only concern, nor should it be your primary concern. You’re dealing with the distribution of everything you’ve earned and accumulated over your entire life, so it’s worth the investment to make sure it’s done right.
Even if you haven’t decided who you want to hire, if there are attorneys you’ve interviewed who you definitely don’t want to hire, go ahead and let them know.
You also should make sure you understand the extra fees for any additional services that might come up while the attorney is working for you. Make sure there’s a system in place for notifying you in advance if extra work must be done or if an issue pops up that needs to be dealt with but is outside the initial scope of the attorney’s representation. For example, if you have no children when you initially consult with an estate planning attorney, find out what will happen if you have a son and need to incorporate him into your will or make arrangements for a guardian if you die before he turns 18.
If a retainer is required, make sure you know how much will be returned to you if you decide to go with someone else or abandon your plan before the attorney has finished his work. [16] X Research source
