How To Choose An Estate Planning Attorney
January 01, 2020Decide what you need
Before you set out to find an Estate Planning attorney, take some time to think about what you want an attorney to do for you. Once you have determined what your estate planning needs are, it is easier to find an attorney who offers the services you desire. So before you start contacting attorneys, take a moment to think about what you want to accomplish – setting up a basic will, living trust, or a comprehensive estate plan.
Finding the right person
You will probably want to interview at least three attorneys before you choose the one to work with. Consider asking people you know if they work with someone they would recommend. Ask your other advisors as well; your CPA or financial planner may have a few estate planning attorneys that they work closely with. Find out if you have an Employee Assistance Program (EAP) at work. If so, your EAP may offer attorney referral programs that help you find an attorney and receive a discount on their services.
To assist in your search, here are a few databases to help make the search easier:
American Academy of Estate Planning Attorneys
(800) 846-1555
National Association of Estate Planners and Councils (NAEPC)
(866) 226-2224
When you call each attorney, here are eight questions to ask
1. How much of your law practice is devoted to estate planning?
Some attorneys work with their clients in different areas of the law. Others focus on one or two specialized areas, such as estate planning or elder care. Because attorneys have various levels of expertise in different areas of the law, it’s a good idea to know what level of estate planning you want so you can find out if the attorney is a good match.
2. What are your credentials?
While every attorney must have passed their State Bar exam to practice law, there are no formal requirements to practice as an Estate Planning attorney. However, an attorney can attain a “specialization” in the specific area of estate planning. An attorney who specializes in estate planning must have taken and passed a written examination in their specialty field, demonstrated a high-level of experience in the specialty field, fulfilled ongoing education requirements, and been favorably evaluated by other attorneys and judges familiar with their work.
Another credential is the Accredited Estate Planner designation (AEP). This designation is awarded by the National Association of Estate Planners & Councils to certain professionals who meet stringent experience and education qualifications.
3. What types of estate planning do you offer?
Find out what estate planning services they offer, as well as other services they provide. Some estate planning attorneys may offer basic services such as will formation and the construction of simple trusts, while others may have more comprehensive services that include more complex trusts and charitable giving programs. Make sure you choose an attorney that will meet all of your needs.
4. How long have you been handling wills and other estate planning matters for clients?
It’s important to know how long the attorney has been in practice, and with what firms. And you’ll want to know if they have experience working with clients who have estate planning issues like yours. If they have been with a number of different firms in a short period of time, ask why.
5. Will other attorneys be working with me?
Depending on the size of the attorney’s practice, there may be other attorneys (or paralegals) you will also work with. Be sure to find out who will be working on your estate plan and inquire about his/her educational background in addition to actual work experience with estate planning issues like yours.
6. How are you compensated?
There is a wide variety of ways that attorneys get paid. Attorneys can be paid with a fixed fee, an hourly rate, or on a contingency basis. It’s important to ask this question upfront, so there are no misunderstandings. A written fee agreement should clearly spell out the compensation arrangement. The fee agreement should define what you want the attorney to do, what the attorney has promised to do and what it will cost.
7. Have you ever been sued by a client, reported by a client to your state’s attorney licensing board, or subjected to disciplinary action by your state attorney licensing board?
Generally, each State Bar will post on their website any disciplinary actions that have been placed against a practicing attorney. Check with your State Bar’s website to verify that the attorney(s) you work with do not have any current or pending actions against them.
8. What questions do you have for me?
A good estate planning attorney wants to know what your needs are, your wishes and family situation, and what kind of estate planning you are seeking. If an attorney does NOT ask you a lot of questions when you call to interview them, it could be a red flag. You want an estate planning attorney that focuses on your goals, not theirs.
After asking these questions of three or more attorneys, you may find one that clearly fits the bill. If not, don’t be afraid to keep looking for more referrals. As you talk to these attorneys, get a feel for their style – you want to make sure you’ll be comfortable revealing personal information to your attorney.