Choosing an Attorney for Your Estate Planning

 

A recent Caring.com article by Susan Kostal, Senior Editor of the Legal channel, tells us who to look for when searching for a Trust, Wills, and Estates Attorney.

The article is a great read for people wondering how to find a qualified Trust and Estates Attorney. Most of the advice in the article is good quality common sense stuff.

Ask Your Friends

According to the article: “If you’re unsure how to find the right lawyer, start by asking friends for recommendations. Who have they used — and liked? You can also ask other lawyers who they would use.”

Look the Attorney in the Eye

Attorney Philip Feldman, head of the trusts and estates practice at Coblentz Patch Duffy & Bass in San Francisco is quoted in the article.  Feldman states that “Clients need to get a sense of who their lawyer is going to be. It’s important to look someone in the eye. This should be one of the most personal professional relationships you’ll have.”

Cost Expectations

Even more excellent advice from Ms. Kostal regarding fees:  “An average flat fee for a basic revocable trust plan may run from $2,500 to $10,000, depending on the complexity of the trust and the size of the estate. Flat fees, however, aren’t necessarily a better deal than hourly rates. And the most expensive lawyer isn’t always the best.

Ask at the outset for the lawyer’s rate. It’s better to know upfront, so that neither of you wastes the other’s time if there’s a huge discrepancy between what an attorney charges and what you’re willing to pay. Generally, the more assets a person has, the more complicated his estate is likely to be, and the more it will cost to put together a thoughtful estate plan.”

We think the advice provided by the article is right on point and recommend that you take a few minutes to read it.

For more information on Trusts: Articles on Trusts and Estate Planning.

 

45 replies
  1. Hannah Neilson
    Hannah Neilson says:

    I appreciate how you say that your relationship with a probate lawyer should be one of the most personal professional relationships you have. Finding someone who is very experienced as well as very personable would be really helpful as well. Ever since the birth of my daughter last year, my husband and I have been thinking more about our will. When we hire a probate lawyer to help us write it out, we’ll have to follow your advice and find someone who we can get along with.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your comment Hannah. I hope you have had luck finding an attorney you can connect with. Be sure and follow through with your intentions. Planning your estate is a primary way to protect your family from the toils and snares related to passing assets on after death.

      Reply
  2. Ridley Fitzgerald
    Ridley Fitzgerald says:

    My wife and I think it’s time to plan out our estate. I’ll take your advice and start asking some of our older friends for recommendations. We’ve never needed a lawyer before, so this is good to know.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Ridley. I encourage you to proceed with your plan. I think the toughest part is just starting the process. So hard to find the time to make that first appointment.

      According to statistics I have read on and off over the years, only about 15 to 20 percent of folks we know actually do any estate planning. The rest let the chips fall.

      We see and handle unplanned probates at our office. The cost in both money and in damage to family relationships can be substantial. It is worth the time and effort needed to plan.

      Reply
  3. Ashley Maxwell
    Ashley Maxwell says:

    I appreciate how you said that you should choose an attorney that is well-reviewed by others. I also like how you mentioned that they should be able to look you in the eye and be a professional. My parents are looking into attorneys to help them plan their estate and write their wells because it is such a serious matter to consider. I’ll pass on your tips.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your comment Ashley. Tell your parents to make sure they are comfortable with and understand what they are signing. They hired an attorney so that he or she can provide an full understanding of documents and advice regarding how they are to be used going forward.

      No question is a dumb question.Your parents should be sure they ask any questions they have. They should not limit questions to the face to face meetings either. Be sure that they feel comfortable calling or e-mailing the attorney with questions as they come to them.

      Reply
  4. Ashley Maxwell
    Ashley Maxwell says:

    I didn’t know that an estate planning attorney could help you with your wills. Thanks for explaining how you should find a lawyer that is well-recommended by others. My parents are looking into law and probate lawyers since it’s time for them to start preparing that part of their lives.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for you comment Ashley. Great to hear from you. Always best to plan in this respect vs. letting things just go the way the wind blows them. Best of luck to you and your parents.

      Reply
  5. Silas Knight
    Silas Knight says:

    It’s good to know how to find an estate planning lawyer. I like how you said that you need to ask friends to see who they are using. We’re hoping to figure out our estate soon, so I’ll start asking around.

    Reply
  6. Joy Butler
    Joy Butler says:

    Hi Walter, I’m grateful for your advice that when hiring a lawyer we should look at him in the eye. I had no idea where it will end up but I’ll do trust your experience. If it can help, I think it can’t harm me either. Thanks and more power!

    Reply
  7. Deedee Lewis
    Deedee Lewis says:

    Now that we’ve had kids, my husband and I really need to meet with an estate planning lawyer and make sure that everything is set in case something were to happen to us. I love your simple tip of looking your lawyer right in the eye. Just like you said, it’s a very personal professional relationship.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thanks Deedee. Appreciate your input. Have a great day.

      Reply
  8. Timothy Duncan
    Timothy Duncan says:

    You are quite right, there is no shame in asking the fee of an estate planning attorney when hiring them beforehand. It is better to know what fits your budget, than end up with regret later on about drowning in lawyer fees. If I ever reach the point when I need an expert estate attorney, I’ll gladly keep this tips on how to choose one in mind.

    Reply
  9. Mina Edinburgh
    Mina Edinburgh says:

    I really don’t get what you meant, but I appreciated it when you said that since a lawyer-client relationship is one of the most important relationships, the person needs to look the person in the eye. My sister is the one that needs a probate lawyer, so maybe she will understand what you mean. If it will help her with the case, surely she will know how to figure this out. Thank you.

    Reply
  10. Francine
    Francine says:

    Thanks for sharing your opinions. A basic estate plan benefits both you and your loved ones in the event of your incapacity and upon your death.

    Reply
  11. Anderson Smith
    Anderson Smith says:

    Well Said Shannon. Everybody has a lot of doubts while choosing the right attorney at first time. And this is the good answers for them.

    Reply
  12. Dio Marsaille
    Dio Marsaille says:

    Your idea of looking someone in the eye because I will be working with them for a very long time got my attention. I really do not know why this is necessary, but I have the feeling that it is related to trust. And I know that in cases like probate and real estate where assets are involved, I have to make sure that I work with someone that I can trust.

    Reply
  13. Rosie Beckett
    Rosie Beckett says:

    It makes a lot of sense that you should set expectations with your lawyer right away and find out about the cost as well as any extra fees and services. My sister and her husband are creating their will right now and they want to find an attorney who they can trust to help them create and write the document so that it is done legally. I think it would be a great idea for them to interview potential lawyers so that they can meet them in person and get a sense if they can trust them and if they will be easy to work with.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you Martin. We appreciate your comment and all of the other comments to this blog post.

      Reply
  14. Kreig Mitchell LLC
    Kreig Mitchell LLC says:

    Thank you to the author for sharing these great tips for picking the right attorney. Keep sharing this types of useful articles.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your kind comment Kreig Mitchell, LLC. Will do.

      Reply
  15. john
    john says:

    Thanks for sharing wonderful information. Finding an estate planning attorney can be a difficult task, but selecting the right one can take away the stress of planning for your future.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi John.

      Thank you for your comment. I could not agree more.

      Adding to the point of this article … I was talking to an fellow attorney last week and he mentioned that, according to stats he obtained, only about 15% to 20% of folks we know on the street have planned at all. That, if true, seems like a shame. Not planning your estate leaves way to many important decisions in the hands of others and can lead to an unfortunate outcome. I sincerely hope that if folks are made aware of the estate planning process (and how painless it can be), then they might be less hesitant to come to the estate planning table.

      Again, thank you for your input.

      Have a great day.

      Walter

      Reply
  16. Eli Richardson
    Eli Richardson says:

    Thanks for saying that you would want to consider a well-reviewed attorney by others.

    It would be good to consider this because it would ensure they are qualified.

    My brother is looking for a probate lawyer, so his search will be easier thanks to your tips.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you Eli. Glad to assist. Have a great day.

      Reply
  17. Henry Killingsworth
    Henry Killingsworth says:

    My parents want to start doing their estate planning soon, so they have been looking for a lawyer to hire. I thought you made a good point when you mentioned that it is a good idea to ask your friends for recommendations. I’ll be sure to share this information with my parents so that they can find the right attorney to work with.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Henry.

      Thank you for your comment.

      Estate Planning is a very personal process. It is important that your parents can connect with their Attorney. They have to be able to share openly and verify that their plan meets their needs.

      Often our close friends and family members have similar backgrounds, communications styles and philosophies. Knowing this… a recommendation from a trusted friend or family member is often a great place to start.

      Happy New Year to you and yours.

      Walter

      Reply
  18. Charlotte Fleet
    Charlotte Fleet says:

    I am glad you explain that it could be beneficial to ask your friends how to find the right lawyer and asking for recommendations. My husband’s parents have been looking for something to help them feel more at ease about their planning. I think they should look for an estate planning lawyer to help them know how to plan for their deaths.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Charlotte.

      Even with all of the technology, web based rankings, and paid for “super duper” designations out there…. good old fashioned word of mouth is still the gold standard in this instance. People want to work with other people who listen to them, try to understand their needs, and do what they can to meet them. Please tell your husband’s parents to interview prospects and find that person out there to help them. No need to have fear. Planning provides a hug relief to individuals who get it done. Sooner the better.

      Please take care and stay safe.

      Walter

      Reply
  19. John Dave
    John Dave says:

    Great content, this will help alot of individuals in choosing the right attorney. Thanks for sharing!

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you John.

      Appreciate your input.

      Please stay safe during the Pandemic.

      Looking forward to the day things return to a more normal state of affairs.

      All my best.

      Walter

      Reply
  20. Callum Palmer
    Callum Palmer says:

    These are some pretty great quotes that you use in your article here, especially the one about asking your friends. After all, I would imagine that references are one of the best ways to find a good attorney. If you’re friend could trust them enough to recommend and had a good experience with them then they’re likely a reliable law firm.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Callum.

      Thank you for your comment.

      Indeed. Finding an attorney (and staff) to take care of a client’s needs/ concerns during planning and after a death are both critical. Friends tend to speak candidly with each other about their experiences, including whether an attorney tended to them properly.

      Have a great day.

      -Walter

      Reply
  21. Kyle Steller
    Kyle Steller says:

    Seeking the assistance of a professional is indeed a wise choice, and knowing the rate of the Lawyer to prevent wasting both of your time is new to me. This really helps with having estate planning. Great help thanks.

    Reply
  22. estate planning lawyer
    estate planning lawyer says:

    I agree with this article. It is indeed important to choose the right and the best lawyer. The content is very much useful. Great work.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your comment. Have a great day. Walter

      Reply
  23. Megan Alder
    Megan Alder says:

    My parents told me that they have been thinking about hiring a real estate attorney, and they’re looking for advice. I like that you said you recommend to ask people around to get referrals, and also get the right cost expectation. We will definitely make sure we follow your advice, and that we hire the right attorney to work wit them.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Megan.

      Thank you for your comment.

      Best of luck to you and your parents.

      Walter

      Reply
  24. Greg A. Smyth
    Greg A. Smyth says:

    Thanks, It’s a great thing that this article suggested the importance of Choosing an Attorney for Your Estate Planning.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your comment Greg.

      I agree 100%.

      It is very important to have a qualified person guide you through the process.

      Have a great day.

      Walter

      Reply
  25. Mia Evans
    Mia Evans says:

    Thanks for pointing out that asking friends can help. As you said, it will give you an idea of how a lawyer is by the experience of others. I will share this tip with my best friend since they need to fix the estate division of their parents among the three of them siblings.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thank you for your comment Mia.

      Always good to “interview” the Attorney you are considering. Many are skilled to handle the legal issues that arise, but it is also good to verify that you have someone you can communicate with. The facts of a situation need to be fully explored in order to get the very best advice. If the back and forth discussions are strained, the chances of getting a good result are reduced. Have a great day. Walter

      Reply
  26. Chris Pederson
    Chris Pederson says:

    I agree that it is better to know a lawyer’s price upfront. You don’t want to be too far down the hole to find out you can’t afford it. Better to plan ahead now so you can save money on it.

    Reply
    • Walter Shannon
      Walter Shannon says:

      Thanks Chris.

      Absolutely.

      Always good to get clarity on pricing before you commit to hiring anyone.. including your Attorney.

      Have a great evening.

      Walter

      Reply

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