Terry Mitchell

How to Choose an Estate Attorney



Posted: Monday, December 14, 2009

by Terry Mitchell
http://commenterry.blogs.com

Planning your estate is no small task, and making sure everything is done correctly can be critical to the financial wellbeing of your heirs and loved ones.  Estate planning is more complicated than simply drafting a will. 
 
It also works to minimize taxes and other fees and sets up contingency plans for your health care should you become incapacitated.  Because estate planning is literally a matter of life and death, you should only trust a qualified attorney that specializes in this field.
What Will the Attorney Do?

It's tempting to save time and money by drafting your own will or investing in a will kit.  It is impossible, however, for any of these simplified methods to accomplish all of your wishes, because every situation is unique.  Also, there is not software in the world that can provide qualified advice that stems from experience.  A qualified estate planning attorney will be able to help you navigate through laws governing property rights, taxes, wills, probate and trusts. 

What to Look For

Only an estate planning attorney who currently practices in the related fields will be able to provide you with sound legal advice concerning your estate plan.  Look for an estate planning attorney that is a member in good standing of the national bar association.  Also, confirm that the estate planning attorney you are considering is up to date with continuing education requirements.  Also, make sure every attorney you screen has malpractice or liability insurance, in case they make a mistake.

There are several things to look for in an estate planning attorney.  Make sure to interview each prospect extensively to make sure you feel good about your final decision.  Some of the questions to ask are:

  • How long have you practiced in the estate planning field?
  • How would you rate your level of experience and qualifications in estate planning law?
  • Are you a member of any bar associations or estate planning organizations?
  • Are you current with the bar's continuing education requirements?
  • Does your firm back you up with liability or malpractice insurance?
  • How do you deal with complicated family conflicts?
  • Can you give me an example of a very simple case you've had versus a very complicated one?

Beyond the myriad questions you will want to ask, make sure you have your feelers on and really get a sense of the person.  Does the attorney make you feel safe and taken care of?  Does he or she come across as someone that will be sympathetic toward you loved ones in their time of mourning?  Likewise, does he or she come across as a fast-talking money-hungry type?  Trust your instincts. 

Aside from trusting your instincts, make sure you also do your homework.  Ask the attorney for references and actually call the references.

Ask for Referrals

You can certainly look in the yellow pages or online for a qualified estate planning attorney in your area.  However, the vetting process will be much longer and more complicated if you are starting from scratch.  On the other hand, if you contact an attorney whom comes highly recommended by a trusted friend or family member, there is a built-in degree of confidence that no money can buy.  Ask around – at work, church, among friends, or even at your children's school.  Someone you know is bound to have a good (or even a bad) story about an estate planning attorney.  Even if you don't come across a recommendation of a specific attorney that can help you, you might be able to avoid working with a bad one by heeding warnings from friends.


Terry Mitchell is a software engineer, freelance writer, amateur political analyst, and blogger from Virginia, USA. He posts a least one article a day to his blog - http://commenterry.blogs.com - on subjects such as current events, politics, technology, society and culture, religion, health and well-being, self improvement, personal finance, trivia, and sports. He is also the owner of a new privacy-enhanced search engine - http://www.SearchMost.com.

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