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 after you pass on.

Difficulty: Easy

Instructions

Things You'll Need:

• Retainer agreement

1. Meet with several attorneys before you select one. 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.

2. Ask each attorney for his educational background. Attorneys are required to have a 4-year undergraduate degree, followed by a 3-year Juris Doctorate degree from a law school that is accredited by the American Bar Association. An attorney must also pass the state bar exam.

3. Inquire as to who 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.

4. 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.

5. Find out how much of the practice is dedicated to estate planning. You want to select an attorney who dedicates at least half of her 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.

6. 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.

Tips & Warnings

• Check to see that the attorney will oversee all of the work done by the paralegal or legal assistant. Nonattorneys must work under a practicing attorney who reviews all of their tasks.
• Tell your family and loved ones where you keep the copies of your will, living will and other estate information so they can access them should something happen to you. Most attorneys will also keep your original will or a copy of the will in their firms.