Introduction
Navigating the complexities of wills and estate planning can be daunting. Whether you're drafting a will, setting up a trust, or dealing with probate, having a knowledgeable lawyer by your side is crucial. Estate planning is an essential aspect of securing one's assets and ensuring that wishes are respected after passing away.
Understanding Your Needs and the Role of Estate Lawyers
Will and estate lawyers specialize in:
- Drafting Wills: Ensuring your assets are distributed according to your wishes
- Estate Planning: Creating a comprehensive plan to manage your estate during your life and after
- Probate: Assisting with the legal process of administering the estate of a deceased person
- Trusts: Setting up legal entities to hold assets for beneficiaries
Finding Qualified Attorneys
Professional Organizations and Resources
Start your search through reputable organizations and directories:
- American College of Trust and Estate Counsel (ACTEC)
- Martindale-Hubbell
- Avvo
- FindLaw
- State bar associations
Key Qualifications to Look For
- Board certification in estate planning (if available in your state)
- Membership in estate planning organizations
- Years of experience in will and estate law
- Additional certifications in elder law or tax law
Evaluating Potential Lawyers
Schedule Consultations
During your initial meeting, consider asking:
1. How many estate plans do you prepare annually?
2. What is your process for updating documents?
3. How do you handle family disputes?
4. What is your response time for urgent matters?
5. Who handles the work if you're unavailable?
Assessment Criteria
Rate each attorney based on:
- Communication style and clarity
- Understanding of your specific needs
- Willingness to explain complex concepts
- Overall professionalism
- Staff competence and office organization
Consider Practical Factors
| Factor | Weight |
|---|---|
| Experience | 30% |
| Communication | 25% |
| Fee Structure | 20% |
| Location | 15% |
| References | 10% |
Understanding Costs
During your consultation, ask about:
- Hourly Rates: Some lawyers charge by the hour
- Flat Fees: Others may offer a flat fee for specific services
- Retainers: Understand if a retainer is required and how it will be used
Pro Tip: Request a detailed fee schedule during your initial consultation to avoid surprises later.
Red Flags to Watch Out For
Be cautious of:
- Limited experience in estate planning
- Disciplinary actions or complaints
- Lack of professional affiliations
- Unwillingness to provide references
- Poor communication
- Lack of transparency about fees
- Consistently negative reviews
Maintaining the Relationship
Once you've selected an attorney:
- Keep regular contact
- Schedule periodic reviews
- Update documents as needed
- Inform them of major life changes
Remember that estate planning is an ongoing process, not a one-time event. The right attorney will be a valuable partner in maintaining and updating your estate plan throughout your life.
For more information on estate planning, consider visiting the American Bar Association's Estate Planning Resources.