Appendix A: How to Select an Estate-Planning Attorney
Selecting an estate-planning attorney is an important task, since this person will be helping you determine what will happen to your estate after you die. It is important to find a practicing attorney who specializes in estate planning. Estate planning is more than drafting a will--estate planning involves living wills and financial planning to ensure that your wishes are carried out.
Meet with several attorneys. You do not have to select the first estate-planning attorney you meet. Do not sign any agreements or contracts until you have met with at least three or four attorneys.
Ask each attorney about their education, certification, and memberships, e.g. National Academy of Elder Law Attorneys (NAELA); American College of Trust and Estate Counsel (ACTEC); American Bar Association (ABA); and State Bar Associations. Attorneys are required to have a four-year undergraduate degree, followed by a three-year Juris Doctorate degree from a law school that is accredited by the ABA.
Find out about the following:
- Time/experience in trust, estate, and disability practice.
- Community involvement.
- Articles written (shows commitment to educating the consumer).
- Presentations made (especially to peers).
- Can they provide references from other professionals who recommend their expertise?
Inquire as to whom in the office will be working on your file. Attorneys can charge high hourly fees for their services, while a paralegal or legal assistant will bill for services at a rate far less than the attorney. Alternatively, some law offices charge a flat fee for certain estate-planning items, such as a will.
Ask to meet with the paralegal or legal assistant who will actually be working on your file. It is important to have a relationship with everyone who will be handling your information.
Find out how much of the practice is dedicated to estate planning. You want to select an attorney who dedicates at least half of their time (if not more) to estate planning and probate law. These attorneys regularly take continuing education classes on estate planning and are up-to-date on rules and regulations regarding this area of law.
Ask for a retainer agreement signed by yourself and the estate-planning attorney you select. A retainer agreement (regardless of whether or not you actually pay a retainer) outlines the terms of the professional relationship between you and the attorney or the law firm. Keep a copy of the signed contract with other important legal documents.
