An estate planning attorney helps individuals and families create legal documents that protect their assets, provide for their loved ones, and ensure their wishes are carried out after death. Choosing the right attorney is an important decision and knowing what to look for can make the process much easier.
What an estate planning attorney does
An estate planning attorney drafts and reviews legal documents including wills, trusts, powers of attorney, and healthcare directives. They also advise clients on strategies to minimize taxes, avoid probate, protect assets, and plan for long term care. Some estate planning attorneys also specialize in elder law and can help with Medicaid planning and veterans benefits.
When you need an estate planning attorney
While simple wills can sometimes be created using online tools there are many situations where working with an attorney is strongly recommended including:
- You own real estate especially in more than one state
- You have a blended family or complex family situation
- You have a child or dependent with special needs
- You own a business
- Your estate may be subject to estate taxes
- You want to create a trust
- You need Medicaid planning
- You have concerns about a family member contesting your will
How to find an estate planning attorney
There are several reliable ways to find a qualified estate planning attorney:
- State bar association referral services — every state bar association maintains a directory of licensed attorneys and many offer referral services that can connect you with estate planning specialists in your area
- National Academy of Elder Law Attorneys — naela.org maintains a directory of attorneys who specialize in elder law and estate planning
- American College of Trust and Estate Counsel — actec.org lists attorneys who have been recognized for their expertise in trust and estate law
- Personal referrals — recommendations from friends, family members, or financial advisors who have worked with an estate planning attorney are often the most reliable source
- Your financial advisor or accountant — financial professionals often work closely with estate planning attorneys and can provide referrals
What to look for in an estate planning attorney
When evaluating estate planning attorneys consider the following:
- Specialization — look for an attorney who focuses primarily on estate planning and elder law rather than a general practice attorney who handles estate planning occasionally
- Experience — ask how long the attorney has been practicing estate planning and how many clients they have helped with situations similar to yours
- Credentials — some attorneys hold additional credentials such as a certificate in estate planning or a designation as a Certified Elder Law Attorney — CELA — which indicates advanced training and experience in elder law
- Communication style — estate planning involves complex topics that need to be explained clearly. Look for an attorney who takes the time to explain things in plain language and answers your questions thoroughly
- Fee structure — understand how the attorney charges before you begin. Some charge flat fees for standard documents such as a will or trust package. Others charge by the hour. Get a clear estimate upfront.
Questions to ask a potential estate planning attorney
Before hiring an estate planning attorney consider asking:
- How long have you been practicing estate planning?
- What percentage of your practice is devoted to estate planning and elder law?
- Have you handled situations similar to mine?
- What documents do you recommend for my situation and why?
- How do you charge for your services and what is your estimated fee?
- Who in your office will be working on my documents?
- How long will it take to complete my documents?
- How do you handle updates to documents as my situation changes?
What to expect at your first meeting
At your first meeting with an estate planning attorney you will typically discuss your family situation, assets, and goals. The attorney will ask about your marital status, children, and any special circumstances. They will review your existing documents if any and recommend a plan based on your needs.
It is helpful to bring the following information to your first meeting:
- A list of your assets including real estate, bank accounts, investments, and retirement accounts
- Information about existing life insurance policies
- Names and contact information for people you are considering as executor, trustee, healthcare agent, and guardian
- Copies of any existing estate planning documents
How much does an estate planning attorney cost
Costs vary widely depending on location, the complexity of your estate, and the attorney’s experience. As a general guideline:
- A simple will typically costs between $300 and $1,000
- A basic estate plan including a will, power of attorney, and healthcare directive typically costs between $1,000 and $2,500
- A revocable living trust package including all supporting documents typically costs between $1,500 and $5,000
- Complex estate plans involving tax planning, business succession, or special needs trusts can cost significantly more
Many attorneys offer free or low cost initial consultations. Taking advantage of these can help you compare attorneys before making a decision.
How often should you update your estate plan
An estate plan is not a one time event. It should be reviewed and updated whenever a major life change occurs including:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a beneficiary, executor, or trustee
- Significant change in assets or financial situation
- Moving to a different state
- Changes in tax laws
Even without major life changes it is a good idea to review your estate plan every three to five years to make sure it still reflects your wishes.
Key terms to know
- Estate planning attorney — an attorney who specializes in wills, trusts, powers of attorney, and related documents
- Elder law attorney — an attorney who specializes in legal issues affecting older adults including Medicaid planning and long term care
- Certified Elder Law Attorney (CELA) — a designation awarded by the National Elder Law Foundation to attorneys who have demonstrated expertise in elder law
- Flat fee — a fixed charge for a specific service regardless of time spent
- Pour-over will — a will used alongside a trust to capture assets not transferred into the trust
- National Academy of Elder Law Attorneys (NAELA) — a professional organization for attorneys who specialize in elder law and estate planning
Sources
- American Bar Association — Public Resources
- National Academy of Elder Law Attorneys — naela.org
- American College of Trust and Estate Counsel — actec.org
- USA.gov — Estate Planning
This article is for general informational purposes only and does not constitute legal advice. Laws vary by state. Consult a licensed attorney for guidance specific to your situation.