Essential Estate Attorney Questions: Uncover Your Legal Needs

Published by:
Mike Chelbet

Reviewed by:
Alistair Vigier
Last Modified: 2023-05-24
Are you wondering what to ask an estate attorney?
The question of estate planning can be a delicate one, fraught with complexities and intricacies that often lie beyond the grasp of the common person. It’s a topic that isn’t discussed enough, but when we dare to step into this labyrinth, a guiding hand is indispensable. This guiding hand often comes in the form of an estate attorney, someone whose life’s work is committed to deciphering the legal tapestry that constitutes wills, trusts, and inheritances.
There is comfort in knowing that you have an expert who can navigate this complex territory, but how do you ensure that this expert is the right fit for your unique situation? This is where essential questions come into play. It is by asking these questions that you can ascertain whether the estate attorney you are considering is capable of handling your specific needs and requirements.

Ask the attorney about their particular expertise
First and foremost, it is crucial to understand the attorney’s area of specialization. The field of law is broad, with numerous niches and specialties. Therefore, it is integral to ask the attorney about their particular expertise within estate planning. Do they specialize in drafting wills or setting up trusts? Do they have experience dealing with estates similar to yours in terms of size and complexity? Such inquiries help you assess if the attorney’s skills align with your needs.
Another critical aspect to delve into is the attorney’s experience. Experience, they say, is the best teacher, and in the case of estate planning, this saying holds even more true. By knowing how many years an attorney has been practicing, you can gain insights into their level of expertise.
However, don’t stop at just knowing the number of years they have been in practice. Delve deeper and ask about the kinds of cases they have handled, especially those that are similar to yours.
Attorney’s approach to handling cases
While credentials and experience are paramount, another equally significant factor is the attorney’s approach to handling cases. Is the attorney collaborative and open to your input, or do they prefer making all the decisions? Their style of working can significantly impact your estate planning experience. A good attorney will strive to make the process less daunting by including you in every step, making sure you understand each aspect of the plan.
Fees are another unavoidable topic of discussion. How an estate attorney charges for their services can vary significantly. Some might charge a flat fee, others hourly, while others still might use a mix of both. Understand the fee structure, what services are included, and any potential additional costs that might arise during the course of estate planning. Transparency in financial discussions can prevent any unpleasant surprises later on.
Estate planning is a deeply personal process
Don’t forget to talk about the attorney’s continuity plan. Life is unpredictable, and unforeseen circumstances may arise that might prevent the attorney from continuing to represent you. Ask about the succession plan in place in case they are unable to continue their services midway.
Finally, and perhaps most importantly, assess how comfortable you feel with the attorney. Estate planning is a deeply personal process, and you want to ensure that you are comfortable sharing intimate details about your life and your finances with this person. Remember, this isn’t just a business transaction; it’s a relationship that might span many years and will involve some of your most valuable assets and closest relationships.
Essential Estate Attorney Questions
Choosing an estate attorney requires careful thought and consideration. It’s not a decision that should be rushed. Armed with these questions, you are now better equipped to make an informed decision.
Remember, the goal isn’t just to find an estate attorney, but to find the right estate attorney for you – one who understands your needs aligns with your values, and helps you navigate the winding paths of estate planning with expertise and compassion.
As with all things in life, the more information you have, the better your decision will be.
Execute your estate plans
Estate planning is generally complex and requires the utmost attention and care to detail in order to get your assets managed properly.
However, to execute your estate plans in the best possible way, you must first ensure check the reliability and efficiency level of these estate planning attorneys before engaging with them.
Here we have mentioned some effective questions that you can consider asking your estate planning attorneys to determine whether they have the knowledge, skills, and experience to handle the complexity of your case.

Ask An Estate Attorney
This is one of the most significant questions, to begin with. If the answer to this question is “Yes” then only you can consider proceeding with further questions. An estate expert will have the ability and knowledge to frame and pinpoint the necessary strategic know-how to carefully word your estate documents for effective results.
How long have you been practising in this field?
By asking this question you will be able to get accurate information and an understanding of their scope of knowledge in estate planning. You should always strive to find the most experienced attorney for your estate requirements. While answering this question they will let you know about their past challenges and hurdles and the ways how they overcame them.
Are all plans executed by you?
At times, most lawyers only draw up the estate planning documents rather than actually executing them. You need help in executing your estate plan so that correct assets are transferred into the trust.
Will you be able to create a comprehensive plan that includes wills, trusts, and life insurance?
With this question, you will be able to determine whether the estate attorney possesses skills and understanding in various aspects of estate planning and will be able to discern the ones that are essential for you or not. With the help of comprehensive estate planning, you can include everything in one plan and need not worry about addressing the issue separately.
What other issues do you take into consideration?
Estate lawyers who possess a vast level of expertise will help you understand the probability of long-term physical and mental health issues. As life expectancy increases, you are prone to come across such issues.
Therefore, while framing your documents it is vital to prepare for the possibility of disability and other related issues with the power of attorney.
Ask An Estate Attorney About Fees
Once you are satisfied with the response to the above-mentioned questions you can now ask about their legal charges. Whether they charge on an hourly basis or have a fixed amount.
Regardless of what you should consider hiring only services that fit well with your budget. It is always wise to inquire about possible modes of payment to avoid surprises.
These were some prominent questions that you should consider asking your lawyer in order to find the right estate planning attorneys.
Do you conduct periodic reviews?
There are some estate-planning attorneys that charge a small fee for reviewing your affairs semi-annually or annually. It is important to pay them if they charge because adjustments to your plan are necessary if you experience a change in your finances. New legislative amendments also change many aspects of your estate planning.
How to manage a revocable living trust?
You can avoid the cost and the onerous probate process when you are putting assets into a revocable living trust. Ensure you should be filing a will with the court to conduct this process. But this might not be good for everyone, because revocable living trusts don’t avoid inheritance, estate, or income taxes. It has been seen that some lawyers recommend these structures purposefully so that they can charge more money.
Who will take care of your issues in the absence of your lawyer?
You may not encounter this issue much regularly because most estate-planning attorneys make themselves available for their clients any time they need. But you should know of any associate or paralegal to take consultation from if any emergencies come when your lawyer is not available.
Some questions you need to ask yourself
It is very crucial to choose a good estate planning lawyer otherwise you may get impacted. You need to ensure the below questions, should get checked
How comfortable are you with your estate planning lawyer?
How are you able to make them understand your planning and how they are helping you, friendly or not?
Does your advisor communicate clearly with you?
Do you feel their general values suit you?
Do you have a good rapport?
Trust your internal instinct to determine whether the particular estate planning attorney is the right choice or not. It could be a very complex, both emotionally and legally, point of view. It becomes more necessary than when you are trusting them to handle all of its elements.
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