May 29, 2008
How to choose an Estate Planning Attorney
The best way, in my opinion, to find the right Estate Planning attorney is to get a recommendation from a family member or a friend. If they had a good experience with an Estate Planning attorney they will be more than happy to pass his or her name and number along to you. You can bet that if they were not happy, you would have already heard about it!
Referral
If you do not have the benefit of a referral, you can call your local County Bar Association. They will provide you with a few names and telephone numbers of attorneys in your area.
Internet
The internet is a wonderful resource. You are able to search numerous attorney websites for attorneys in your area and get a real sense of who they are by viewing their websites. Often times they will provide legal information so that you can educate yourself.
Local Yellow Pages
Of course, you can still use the good old and trusted Yellow Pages! Believe it or not, I have received numerous calls from clients who have found my contact information in the local phone book.
Business Associates
Your banker, financial planner, local real estate broker and agent are great people to be in the position to refer an Attorney. Attorneys often times will visit with local business owners to introduce themselves and tell them about their practice; leaving their business cards behind, of course!
Regardless of how you are put in touch with an attorney, you should keep some things in mind:
How long has the attorney specifically practiced Estate Planning and What percent of his practice is dedicated to Estate Planning
I am in no way implying that an attorney who has practiced longer than another attorney or dedicates a larger percent of his practice to Estate Planning than another attorney is more able to prepare an Estate Plan. You need an attorney who is up to date on the changes in the laws. It is more likely that an attorney who dedicates a significant portion of his practice to Estate Planning has kept up with any changes in the laws.
Is the initial consultation free?
Some attorneys will charge a flat fee and others will charge you an hourly fee. It depends entirely on what attorney firm you use and often times it depends on what county they practice in.
What documents exactly will be drafted as part of your Estate Plan?
A properly drafted Estate Plan does not only include a Last Will and Testament, but it should include other Advanced Directives. These include a Power of Attorney, Health Care Power of Attorney and A Desire for a Natural Death (a/k/a Living Will). Some Estate Plans may warrant a Revocable or Irrevocable Trust.
Speaking and thinking about our own death is not an easy subject for many of us to confront. Just the thought of leaving my child to grow up without her mother sinks my heart and brings tears to my eyes. It is almost as difficult to discuss our personal finances, beliefs and feelings with a person we probably have never met before. You absolutely should feel comfortable with the attorney you chose. The attorney should be sensitive to the issues that will be discussed and compassionate in his or her handling of your family matters.
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