When you find a potential estate planning attorney, you will need to ask the following questions to determine if they are truly qualified to help you:
Is their primary focus on estate planning?
This question may not be important to you if all you need is a simple will and a healthcare power of attorney; a seasoned and sophisticated attorney may not be right for you. An attorney who practices a broad area that includes simple estate planning and probate issues may work well in this situation. On the other hand, if you have a complex family or a complicated financial situation or taxable assets, you will need to work with someone who primarily focuses on estate planning and estate tax reduction.
How many years of experience do they have?
The more years of experience an attorney has – whether a general practitioner or one who primarily focuses on estate planning – the more likely it is that the attorney has witnessed the use of basic estate planning documents in a client’s incapacity or death. Wills, powers of attorney, and healthcare documents used by attorneys who have been in practice for a while have been refined and modified to address the everyday situations their clients face. This will give you peace of mind knowing that the documents they prepare for you will work when you need them.
Can they assist you in funding assets in the trust?
Many attorneys create beautiful estate plans for their clients and then fail to assist them with the important next step: funding the revocable living trust. A well-prepared trust will be almost worthless upon your death if your assets are not titled in the name of the trust while you are alive. Some firms have full-time funding assistants or even entire funding departments, while others will provide you with comprehensive written instructions. However, some will just mention the importance of funding but not offer you any guidance at all. It is highly recommended to work with an attorney who will oversee the funding process and even pay an extra fee to the attorney for doing this because there is a good chance that you will not complete all necessary funding on your own.
Do they have maintenance programs?
Many estate planning attorneys consider their work a one-time transaction – simply drafting the documents their clients need and then sending them on their way. On the other hand, there are many estate planning attorneys who, for a nominal fee, will contact all their clients on an annual or semi-annual basis to inform them of changes in the law, explain new planning techniques, ask questions about changes in the client’s life that may require adjustments to the client’s documents, and check on the funding progress for the client. It is highly recommended to work with an attorney who has a formal update and maintenance program to ensure that your plan remains current and will work when needed.
Finally: Can you envision yourself working closely with them?
Once the potential attorney answers the above questions to your satisfaction, there is still a big question you need to ask yourself: “Can I envision myself working closely with this attorney?” Even if the attorney has all the right answers, remember that you will be sharing all the intimate details of your life with this person. If you do not feel comfortable with the attorney, you will likely end up keeping some things hidden. This would be unfair to both you and the attorney because the attorney cannot plan for things they do not know. Don’t worry if you realize that there won’t be a good fit between you and the potential attorney – it’s better to discover this early rather than after you’ve already invested valuable time and money. If this happens, just move on until you find someone you can work with and trust.
Source:
https://www.thebalancemoney.com/how-to-interview-a-prospective-estate-planning-attorney-3505705
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