Estate planning is important to secure your family’s future, but creating one is not easy. You may want to do it all on your own, but we are here to tell you otherwise. An estate plan is an important document that protects your family’s future. And to create a perfect estate plan that meets all your requirements, you need an attorney who understands all the ins and outs of estate planning laws. However, finding the right attorney can feel overwhelming if you don’t know exactly what you are looking for.
An estate planning attorney will not only help you create the most suitable estate plan that will protect all your assets from state laws but will save you time with all the research work. If you take the help of an expert, they will make the whole process easier and faster for you. But to find the right estate planning attorney, here are some things you should consider.
Who Is An Estate Planning Attorney?
An Estate Planning Attorney or lawyer is a licensed professional who specializes in estate planning laws. They are also known as probate attorneys or estate law attorneys. Attorneys have a thorough understanding of both individual laws of state and federal laws. They can help you create documents like wills, power of attorney, and more. Choosing an attorney also means that after you, your family will be able to avoid probate court, taxes, and any other problems. An attorney leaves no loopholes, so your family won’t have to worry about anything later. Also, a proper plan gives clear instructions to the family and loved ones about the estate and its division.
What Is The Work Of An Estate Planning Attorney?
The work of an estate law attorney is many. It includes different types of services, which includes-
- Creating a will for you
- Setting up a trust fund if you wish to have one
- Organizing guardians for all the individuals who depend on you
- Making a personal directive
- Appointing all your beneficiaries
- Helping you create an estate plan that minimizes all the taxes
- Make strategies to avoid chances of going to the probate court
- Executing all your wishes after you pass away
- Making an outline of what needs to be done with your corporate assets
- Giving the trusted family members the responsibility of a power of attorney
How To Look For An Estate Planning Attorney?
Now that you understand what an estate planning lawyer is and how they can help you, it is time to look at things you can search for in an attorney. When looking for one, remember that a lawyer has specialty areas. For instance, if you are living in Florida, it is better for you to search for the one that has all the knowledge about the state laws of Florida. So, let’s see all the things you can do to find the best attorney for you.
Geographic Location Considerations
When you are thinking about how to find an estate planning attorney, you must consider that the US has fifty states, and all of the states have their estate laws. Every state has its very own set of laws. Therefore, you need an attorney well-versed in all the laws of your state. But by no means are we suggesting that your attorney needs to be a local individual, just an expert in your state’s laws. You can choose a firm that is not in your state but knows about your estate’s laws.
Nonetheless, it is better to choose an attorney located in your state so you can have in-person meetings for better results. But if you can’t find an attorney that meets all your requirements, you can always choose a lawyer that is not from your state.
Ask For Referrals And Recommendations
When it comes to trusting somebody for your family’s protection, nothing works better than a recommendation from someone you know personally. You can always ask your family and people close to you whether they know an attorney that fulfills all your requirements. You can also see people around you who are good at managing their finances. Asking people if they know an attorney or lawyer is a good place for you to begin your search.
Be Cautious Of Hotlines And Directories
When you are looking for an attorney, you should never trust any hotlines or directories. These places only offer good deals to attract customers. They are just there for easy cash and won’t help you make an estate plan that is best for you. Some listings may even be outdated. Moreover, all the online hotline places that claim to solve all the problems only give you limited information. Therefore, it is always better to look for something you know can be trusted.
How To Choose An Estate Planning Attorney
After looking for attorneys, you must have the names of a few who are well-versed in the estate planning laws of your state. You might even find that some attorneys even offer consultation for free, which can help you separate the good from the bad. Shortlisting your clients will help you make better decisions. So, here are some of the things that you should think about when choosing an attorney for creating your estate plan-
Look At Their Specialization
If you are searching for an estate planning lawyer, make sure your lawyer knows all state and federal laws. A lawyer who offers estate planning services may not be a specialist in estate planning and won’t be able to guide you right. For a lawyer to know all about the intricate details, laws, and taxes is important to help, you create an effective estate plan. An estate planning expert focuses on estate planning and stays up-to-date with all the new laws and rules that can affect your plan.
Furthermore, these attorneys have a proper understanding of how the probate process and court work. It will give you an advantage as they can use that experience and ensure that you don’t face any problems with your estate plan. Also, an expert will take less time to create your estate plan and save you from paying taxes or probate.
See If They Have An Insurance
Check if your attorney has a malpractice certification or not. It will assure you that you are dealing with a professional and show the attorney that you are well aware of such things. In some states, insurance is not necessary for being a lawyer. And in some parts, it is essential for a lawyer to inform you that they don’t have insurance. Even though it is not for you to choose a lawyer with malpractice insurance, you can always ask your lawyer if they have one. And if you think their work is good, you can hire them without insurance.
Know About Their Certifications
One thing that is mandatory for a lawyer is to carry a legal license to practice the law of any type. There are several different types of certifications that you can look at when you are selecting an estate planner, like Accredited Estate Planner (AEP), Chartered Trust and Estate Planner (CTEP), and Certified Trust and Financial Advisor (CTFA). The attorneys get the certifications when they clear, strict qualification tests and exams. All these certifications prove the attorney’s extensive knowledge, so you won’t have to be worried about them not knowing enough about estate plans.
Learn About Their Membership
An attorney’s membership with a known organization is also a major plus point. If your attorney is linked with a certified organization, you will know they have good field knowledge. Also, these types of attorneys stay up-to-date with all the new laws and rules put in place by the government. Attorneys know about all the new rules and have good planning techniques that can assist you in protecting your loved ones and family in the best possible way.
Taking The Fees Of The Attorney Into Consideration
After learning all about the attorneys, there is one more thing that you should take into account before making a final decision. The factor that will help you make your final decision is obviously their fees. There are various ways in which an attorney charges for their services. These ways include charging on a per hourly basis, or they can offer you a flat price on their services. In either case, you need to select an attorney that fits your budget.
When asking for the prices, ensure that you are asking for the service and the fees so that you don’t have to pay for something you never even knew about. These services can be costly, so ensure that you cover every aspect and get a detailed attorney quote before you make your final decision.
Read Also: Will Vs. Estate Planning: What Is The Difference Between Both?
Ensure That You Are Finalizing The Right One For You
At last, you have all the information from their specialization to their fees. It is time that you finally decide on your attorney. While finalizing, ensure that you are selecting the one that fits your budget, is an expert in the field, and who you are most comfortable with. You will have to share all about the sensitive issues that will help with your estate plan; therefore, it is important that you choose the one you are comfortable with. Also, be sure to share all the important information with your attorney and be clear about what you want or not.
Try Online Estate Planning Service
One more thing you can do is search for online estate planning websites. It is different from the traditional way of making your estate plan, but it can help you save money and create a plan that best suits your needs. You can get a comprehensive estate plan online that will take care of all your estate planning requirements.
Conclusion
Estate planning is difficult, and you don’t have to do it all alone. To create a perfect estate plan that covers all your needs, you must trust an attorney who is an expert in this field. With all the tips and ideas mentioned above, you can find an attorney that ticks all your requirements. At Estate Planning With Nirva, you get customized and attorney-drafted estate plans. We create documents that are in easy-to-read languages. Our estate plan software is flexible and diverse and can help you create the best plan for you.
Frequently Asked Questions
The five important components that make up a perfect estate plan are:
- Living wills and Advanced Directives for Medical Decisions
- Beneficiary designations
- Wills and Trusts
- Durable Power of Attorney
- Healthcare or Medical Power of Attorney
When creating an estate plan these seven steps will help you create an effective estate plan.
- Create an inventory of all your assets
- Take your family member’s needs into account
- Create your directives
- Check all your beneficiaries
- Take a proper look at your state’s estate planning laws
- Take professional help like expert attorneys
- Reassess your estate plan frequently
The most common mistake individuals make when creating an estate plan is naming a single beneficiary. They often forget about appointing a power of attorney or healthcare representative. And along with that, people also forget about all their digital assets. It includes IDs and passwords to certain accounts that contain important information.
If you have an estate bigger than $100,000 and a considerable amount of assets, you can create a trust. When creating trust, you should give specific guidelines and instructions on how you want all your assets to be distributed among your loved ones and family members.
The main reason an individual creates an estate plan is to secure assets for the family’s future, reduce the possibility of any negative tax deduction, and make a way to deal with any serious health or mental illness, disability, and death.