How To Choose The Best Estate Planning Lawyer
Estate planning is something most people would find challenging because it compels them to deal now with matters that would occur after their lives. It is, however, essential to ensure you plan your assets to avoid any issues and tricky situations in the family in the future.
Though any lawyer can help prepare a will for straightforward situations, you may need the assistance of specialized attorneys when dealing with complicated matters involving multiple heirs and many assets. An estate planning lawyer is the best person to help you in such a case. As you assign such a critical responsibility to your attorney, you must work with only the best.
In this guide, we discuss all you should know about choosing the best estate planning lawyer in the US and look at the costs and considerations associated with hiring these lawyers.
What is Estate Planning?
Estate planning is arranging and anticipating, during an individual’s life, the management and distribution of their personal belongings, property, and assets when incapacitated or deceased.
Creating an estate plan ensures that the assets are passed on to the right people and minimizes the chances of legal disputes between members of the family. It also reduces taxes and other costs.
Estate planning lawyers are professionals possessing an in-depth understanding and working knowledge of the laws concerning the estate and are licensed to practice in the area of law in the state and country.
What else should you expect?
They help clients ensure they have everything in place about how their estate will be valued, taxed, and distributed after their death. These lawyers’ role is to set up your estate in a highly protective, robust, and effective way.
Estate planning attorneys advise on the best ways to craft estate plans to make things easy when dealing with a decedent’s estate. You can also hire them to assist in matters of Power of Attorneys and wills. They can also help set up trusts and guardianships, protect the estate from creditors, and even advise on tax-beneficial plans.
You can find more on Estate planning on Wikipedia
Types of Estate Planning
Estate planning is an extensive area of law that comprises several subcategories. Lawyers have different specializations and are experts in handling specific types of legal matters. Some of the most common types of lawyers practising in estate planning include:
- Estate Planning – his type of lawyer is usually responsible for designing a plan for everything related to the estate, which helps avoid probate and reduce estate taxes.
- Probate – is a legal procedure where the court oversees things associated with a will, like deciding the will’s validity, administering the estate, and appointing guardianships.
- Wills – Wills are legal documents instructing how to manage an individual’s property after his death. A lawyer specializing in wills handles issues related to wills and documents and helps resolve related disputes.
- Trusts – A trust is a legal procedure that allows family members to avoid probate after the individual passes away. These are useful for people possessing large estates. A trust attorney is an estate planning lawyer who helps understand the situation to decide how to manage the estate and the timeframe for the same.
Cost of Estate Planning Lawyers
The price you pay for the lawyer’s service is often an important consideration when making a choice. Estate planning lawyers can sometimes be expensive, depending on their reputation, experience level, and expertise in the field.
Most lawyers offer a free consultation to understand your needs. Some others can charge for the meeting. Therefore, you must know in advance what you will be paying and hire somebody you can afford. Make sure you know the attorney’s policy before consulting them.
The cost of hiring the service of an estate planning lawyer would vary depending on several factors. The two most important factors affecting the cost include the type of plan or legal documentation you need and the attorney’s fee structure. Some professionals would charge a flat fee, while others can bill you by the hour.
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Simple documents like power of attorney, will, and medical directives can be prepared on a flat charge ranging between $1000 and $3000, while more complex estate plans like trust can cost up to $5000 and even higher depending on the state, jurisdiction, and other factors.
Hourly rates of estate planning lawyers vary significantly based on various factors like their reputation and experience level. With this type of fee structure, you may also have to pay additional charges for court filings, research, courier, transportation, and others. Make sure you clarify these things in advance to avoid any issues later.
Other factors affecting the cost of hiring estate planning lawyers include the state in which you create the plan, the experience the lawyer has in the area, the total value of the estate, and the complexity of the plan. These factors mean that costs are unique to individuals and their situations. The best way to keep down the costs is to understand your requirements in advance and discuss the charges in detail with the lawyer before hiring them.
How To Choose An Estate Planning Lawyer?
Finding the right lawyer to help you craft an estate plan can seem to be a daunting task. However, if you have set clear expectations and goals, it can be simpler than you think. Let us discuss guidelines you can follow when choosing an estate planning attorney.
- Get Referrals
A fail-proof way to choose an estate planning lawyer is to ask friends and family members for referrals. Contact these people to ask if they have hired such services recently. Take time to get references, recommendations, and feedback from people you know and trust. Getting these referrals ensures that you get only the best options.
- Search for Local Options
In this age of the internet, you might find lawyers online and hire the best option regardless of their location. However, for cases related to estate law, finding a professional licensed to practice in your state and well-versed with the state’s law is important because estate planning laws can vary from state to state.
A lawyer in your area is likely to be updated about the state-specific legal implications and can help you avoid any headaches when dealing with an estate plan. One of the best ways to find some good options is to visit your state’s lawyer bar association website, which lists reputed attorneys specializing in different areas of law.
- Do your Research
Once you have a list of candidates and referrals shortlisted for an interview, you can do some research on your end to check their background. Go to their websites to learn more about the specializations, experience level, and firm size.
Looking at their social media accounts can give you an idea of how it feels to work with a specific lawyer. You may also want to check online resources to view the attorney’s ratings and reviews to understand what to expect.
- Interview your Prospects
Nobody would hire the first name that they find, at least without getting to know them. An ideal way to choose the right attorney is to interview the prospects you have listed.
You can keep the interview process simple by just asking a few questions that help you determine if you can work comfortably with the lawyer and can trust them to advise you on the matter related to estate planning. This interview would also help you spot any red flags to avoid making a wrong choice.
Things You Need to Know Before Talking To An Estate Planning Lawyer
Let us now discuss a few things you should be aware of before contacting prospective estate planning lawyers.
Your Special Needs
Before you contact an estate planning lawyer to discuss the matter, you must understand your needs. List your goals related to the estate plan and identify your specific requirements and extra demands.
Doing so will make it easy to communicate your needs and expectations to the lawyer when you talk to them and decide if they can be a good fit for you.
The Tasks of The Lawyer
One of the most important things you should know before choosing is what the specific lawyer can do for you. This is particularly important when you have some options available.
You can prepare a checklist and see if the lawyer can fulfil the responsibilities of your estate planning process. This way, ensuring that you meet only the attorneys that suit your requirements is easy.
Specialization of the Lawyer
You want to choose a lawyer specializing in estate planning rather than somebody handling all kinds of legal matters. Though these lawyers may know the area of law, your best bet is to go with an attorney working with estate plans as their full-time job.
As they spend all their time practicing this field, you know they have mastered all the intricacies associated with estate plans and can handle your matter like none other.
Compatibility, Attention to Detail, and Communication
Estate planning is a personal process with each client having different situations. A good estate planning lawyer takes the time to know the client in detail and understand their situations and needs.
The most effective way to do this is by asking the right questions. See if the lawyer asks you questions and is interested in learning about your requirements. Also, check how comfortable you feel communicating with the attorney. These considerations should help you shortlist the most compatible options for you.
How To Prepare For An Estate Lawyer Consultation?
Most lawyers have busy schedules as they handle a large volume of cases, calls, and inquiries daily. This is why you must make the most out of your chance to consult the lawyer personally. Getting prepared ahead of time helps you use the initial consultation to make an informed decision about hiring the service of an estate lawyer.
One of the best ways to prepare for an estate lawyer consultation is to prepare a set of questions. You can list some questions you think would help you learn more about the lawyer’s experience, expertise, personality, and interest in your case and decide if the attorney is right for you. It would help if you also asked them about their charges and the billing arrangement to ensure that the service suits your budget.
Apart from this, you should prepare some documents you want to carry to the meeting. If the lawyer hasn’t given you the list, you can prepare copies of all the documents relevant to your situation and the legal matter you want to address. Also, be prepared to answer any questions at the meeting, give honest answers, and provide all the details without hiding anything.
FAQs
What is the difference between probate and estate plans?
Estate planning involves making a document like a will about managing your estate after your death. Probate refers to documenting trust or will and transferring the assets owned by a deceased person.
Where can you find an estate planning lawyer in the US?
You can find estate planning lawyers through personal recommendations, state bar law associations, or other online resources that list reputed lawyers practicing the area of law.
What is the average cost of hiring an estate planning lawyer in the United States?
Though estate planning lawyers can charge varying fees depending on their reputation, experience level, and geographic location, you can expect to pay anywhere between $150 and $1000 for crafting an estate plan based on the complexity of the matter. Some lawyers can charge by the hour, with average rates falling from $200 to $500 per hour.
Summary
Crafting an estate plan is one of the most critical things you will do in your life. This is why you must choose the best attorney to help navigate the procedure and deal with any issues.
While there are so many lawyers in the US specializing in estate planning. Take your time to do proper research, interview the shortlisted candidates, and determine the costs to ensure you find an attorney that best matches your needs, expectations, and budget.