Category:
Estate Planning
There are a lot of factors to consider when hiring an estate planning attorney. Here are a few you may want to consider:
- How long have they been practicing in this area of law?
- Wha percentage of their cases are estate planning/probate?
- Do they also have experience in probate court? Seeing how estate planning documents play out in the real world is an invaluable asset when it comes to drafting these documents.
- Do they have experience with the type of documents they are recommending to you? For example, if your plan addresses concerns related to Medicaid, are they very familiar with the Medicaid rules? If you think you may have a taxable estate, how extensive is the attorney’s tax knowledge?
- Does the attorney simply plug names and addresses into a form or are the documents customized to each client’s individual needs?
- What are their fees? Is it a flat fee or billed hourly? What is included? Are there additional costs or expenses?
- Can they explain the process and timeline in a way that you understand?
- Can they explain your options to your satisfaction or do you feel like they are pushing you towards a particular service?
- Do you get a good feeling from your conversation with the attorney? Do they seem knowledgeable/ethical? Keep in mind, a good lawyer may have to tell you things you don’t want to hear, but they should be able to do it in a way that shows you they know what they are talking about and will treat you with respect.
- Bonus points if they ask you a question you don’t know the answer to or that you hadn’t thought of before that conversation. This is a sign the attorney is thoroughly analyzing your needs.
Here are some red flags (in my opinion):
- They don’t ask you any questions before you hire. Every situation is different and the services I recommend and language I draft varies significantly from case to case.
- They utter the words “EVERYONE needs a trust” or “NO ONE needs a trust.” Estate planning solutions are not one-size-fits-all.
- You feel like you are being pressured or the attorney is talking down to you.
- You ask the attorney to explain a term or concept that is over your head and they refuse.
- You feel like they are talking down to you.
- They try to upsell you on estate tax planning when you are not and do not expect to become a multimillionaire (this is a Texas-specific red flag).
- They will not explain the documents or answer any questions before you sign.
- They do not let you review the documents before your signing appointment.
- They do not use a written contract when clients hire them. The services being provided and associated costs should ideally be in writing.
