March 25, 2020

Estate planning can be overwhelming, emotional, and complicated. Although the practical side of most people understand how essential estate planning is, it isn’t easy to navigate. Having a will and trust attorney to guide you through estate planning is crucial. When finding your will and trust attorney, it’s important to know that you’ve found the right person by asking the right questions.

What is Your Primary Focus?

You want an attorney who is an estate specialist. The right attorney will be focused and current on all legal statutes, and will understand how to word your documents. Your attorney should be experienced in seeing their documents through execution. These attorneys will have dealt with challenges from the courts or the IRS and will know how to overcome any issues that may arise.

Do You Execute the Estate Plan?

Some attorneys will only draw up the documents, while others are more comprehensive and will execute the trusts. It is more efficient to have an attorney who is willing and able to execute the transfers, yet in some cases, clients may only want the initial documents drawn up.

Do You Conduct Periodic Reviews?

Life changes, and when it does, adjustments to your estate plan may be necessary. New laws and tax codes can also impact what you originally drew up in your estate plan. In both cases, having an attorney who will review your plan, whether semi-annually, annually, or as requested by you, is important. Most attorneys will charge a small fee for this service, and can help advise you on when it is necessary. When drawing up the estate plan, it’s important to avoid any miscommunication about what can be changed and what is irrevocable. Your attorney needs to make sure you understand each document.

Can You Create a Comprehensive Estate Plan that Includes Everything?

A comprehensive estate plan includes wills, trusts, life insurance, healthcare directives, plans for disability, and living wills. When looking for an attorney, you want to find one who is able to work with you in all of these. Although you may also employ a financial expert, you want your attorney to be able to work as a team with everyone involved.

How Do You Charge?

Many will and trust attorneys charge a flat fee instead of hourly billing. Some charge a flat fee for the initial documents, then charge an hourly rate for any changes or additions. To avoid surprises, it’s important to talk to your attorney up front about all their charges and fees.

Will Anyone Else in Your Office Be Able to Help in your Absence?

Most attorneys want to be available to their clients at all times. However, emergencies can arise and are usually unpredictable. It may give you peace of mind to know that an associate or a paralegal will be available to answer questions if your attorney isn’t available.

How Long Will This Take?

There will typically be no extreme rush, but it is important to get a sense of how long the process will take before the documents are finished. A quality will and trust attorney will usually be able to let you know what to expect.

When choosing your attorney to handle this potentially emotional paperwork, it’s important to have a good feeling about who you select. You should feel comfortable communicating with them and feel confident in their abilities. If you have questions about estate planning or schedule some time to talk about your plan, contact my office today.