When you finally decide that it is time to make your estate plan you will have to schedule a meeting with an estate planning attorney. There will come a point when the conversation with your estate planning attorney may get uncomfortable or personal and you feel that you should not reveal everything and hold some information back. Deciding to hold back information could jeopardize your the plan for your estate though. Your estate plan is only as good as how much you share with your estate planning attorney.
This means that your attorney can only make a plan with the information they are given. The attorney makes the plan for your estate based on the goals of the client and the facts the client chooses to share. If there are goals that the client has for their plan, but refuses to share then the attorney might not be able to make a plan to achieve those goals. More often there are facts the client will hold back out of fear of shame or discomfort that can dramatically alter the plan. Family problems or personal problems of potential heirs must be shared with the estate attorney to make sure the best estate plan is made. If a child has an addiction problem, it may not be something you want to share with everyone, but it is something that must be shared with an estate planning attorney to protect that child’s potential inheritance and their well being. Estate planning attorneys are most likely going to rely on information that is provided to them by the client in making an plan, and not do any independent investigation of the facts.
The attorney is held to a strict standard of confidentiality once the attorney client relationship begins. This means that the attorney cannot reveal any confidential information that you choose to share with them. Deep dark family secrets and concerns that may be inappropriate to discuss with family members or the general public are held between the attorney and the client and this information remains confidential even after you die. With this standard in place there is no reason to be concerned about sharing and bearing all with your attorney. They have heard it all and should not be too shocked. It is best to be straight forward and honest with the estate attorney to make sure that there are no problems down the road.
How to Find a Good Estate Planning Attorney
The job of finding an attorney to help you build a solid estate plan can seem like a daunting task. However, with a pre-plan and some help you should be able to find a selection of highly qualified candidates for your consideration. Let’s take a look at a list of seven tips for finding a good estate planning attorney.
1. Check with family members, your friends and your coworkers by asking them to suggest an attorney they feel can help you with your estate planning. It’s a very good complement for your final choice to find out that he or she was recommended by a satisfied client. And don’t limit yourself to just the local or close by referrals. Your needs can be handled over the Internet or by phone.
2. Check with the person who handles your taxes. While many people do not have a financial adviser, should you have one you would definitely want to check for a recommendation. Financial advisers are knowledgeable in many areas and sometimes add estate planning to their business card. It is important, in this situation, for you to find a specialist. Ask for a referral.
3. Give your income tax preparer a call and ask for a referral. You’ll want to cast a wide net and use every resource you can think of for this important task. Often real estate attorneys work with tax preparers in regard to trusts and estate income taxes. This provides you with many additional opportunities to gain valuable insights to add to your search for a qualified and experienced estate planning attorney.
4. Ask for referrals from a real estate attorney. During the process of purchases and sales of real estate in addition to business or home sales, real estate attorneys will often find themselves working with an estate planning attorney. Don’t hesitate to ask for a referral.
5. Make a call to your state or local Bar Association. Each state has a bar with literally thousands of members. The additional benefit of searching by way of the Bar Association is found in their database. You will find the ratings given to attorneys can truly help you in making your final decision. The Bar Association is an excellent and reliable resource for your search.
6. Don’t forget your local yellow pages or the classified section of your newspaper. You’ll also find searching on the Internet or via radio and TV ads are good additional sources for finding estate planning attorneys.
7. When all else slows down or you’re beginning to panic, just do some old fashioned walking and drop by your local city hall. Especially in smaller communities, city employees tend to know attorneys in the area and can provide solid information about their capabilities and personalities. You’ll be amazed at what you can learn in your search to find an estate planning attorneys through casual conversation at your city’s administration building. Please consider this list as the starting foundation for your search. Talk to professionals in other areas and don’t be fearful of walking into real estate offices and speaking with a broker. It’s all about networking and seeking information. Knowledge is power when it comes to making a good decision about an estate planning attorney.
If you have decided to put your affairs in order and finally accept the fact that estate planning is something most of us would be better off having than not, the next thing you might be wondering about is how to choose an estate planning attorney. The first thing to remember is that your estate-planning attorney is a person with whom you will share a great deal of personal information. The bottom line is whoever you choose, you should feel comfortable talking to him/her about your needs and concerns and if you don’t he/she is not the right attorney for you. Your attorney is your legal confidant and is duty bound to take your confidence with them beyond their own estate plan, which is shorthand for they must take your secrets to the grave with them. But it doesn’t matter what their duty is if you don’t feel comfortable telling them what you need in the first place.
If you begin to feel uncomfortable talking to your would-be estate planning expert, you should begin to shop elsewhere.
The second thing to consider is that not all attorneys are created equal with respect to their ability in estate planning. A good first step in finding an attorney who will be a good fit for you is to ask people who you already know and trust. Ask the leader of your church, your doctor and your friends if they have had occasion to use an estate planner and ask what they think of that person. If you get a recommendation, don’t stop there. Look your would-be attorney candidates up in your state to find out where they went to school, how long they have practiced and what fields of law they specialize in. Of course, these answers don’t tell you everything you need to know about your potential confidant, but having some information is better than flying blind into the world of attorneys. If the attorney who was recommended does not specialize in estate planning, then it may be that you don’t want that attorney to create a financial plan for you and your family.
Another good way to find an attorney or firm in your area that specializes in estate planning is to take a look at the National Academy of Elder Law Attorneys (NAELA). The NAELA is a site that attorneys visit to keep up on issues involving elder law and estate planning and it is a great place to find an attorney who is versed in estate planning. At the NAELA website there is a place to type in your zip code and find local attorneys who specialize in elder law and estate planning, which includes their contact information as well as a map to their door. In addition to that there are other good sites on the Internet where you can gather information about the subject before you meet with an estate planner. However, the best advice that anyone can give is to find someone who you relate well to and who you feel comfortable sharing personal information with. Remember, your estate planner is someone whose judgment you need to be able to rely on; they are someone that will present and recommend legal options to accomplish goals that you set out for them and they need to be the kind of person who can ask you the right kinds of questions to get the job done and the kind of person you will feel comfortable answering. If you don’t feel right about them, even if you just don’t seem to relate well to them in some small way, it is probably best to look elsewhere for your planning needs. The bottom line is to trust yourself and your instincts and impressions about your attorney. Part of the service that you are purchasing is the ability to feel comfortable about how your estate planning will be managed and carried out, so make sure you find someone who makes you feel confident that you are dealing with a professional who you can trust.
Mistakes That You Can Avoid With Help From An Estate Planning Attorney
You have worked hard to get the possessions that you have at the moment — homes, cars, investments, personal belongings. Naturally, you want these properties to be passed on to your loved ones and in accordance with your wishes. By obtaining the services of an experienced and trusted estate planning attorney, you can be assured that your estate will go to your intended heirs. With careful planning, these properties, which you worked hard for, will redound to their benefit. Don’t commit the same mistake that most people make. With an attorney’s help, you can avert the following serious legal blunders.
Most people think estate planning is only for the rich and affluent. This is a common misconception. This type of planning is all about making preparations for the distribution of all the properties of the estate. If you think about it, virtually everybody owns properties; it isn’t just the rich and famous those have assets. Moreover, the term property covers everything; from money to personal belongings such as photographs, books, furniture and more. The term isn’t limited to jewelry, expensive cars, and real estate. Regardless of financial status or capabilities, everyone has assets that need to be distributed to loved ones at the point of death. Thus, acquiring the services of an estate planning attorney will redound to you and your loved ones’ benefit. He or she can help ensure that your estate will be passed on to your intended beneficiaries.
Executing a will is a bit more complicated than what we know. So take time to sit down and discuss your plans with an attorney, so the latter can help you process these legal matters. Moreover, you can confer with the attorney regarding other options like creating a trust, which can facilitate the transfer of assets. Seek legal help for your estate planning. For people untrained in the field of probate law, it is not advisable to create an estate plan all by yourself. Thus, seeking the help of a probate attorney is your best course of action to ensure the validity of your will and testament. Think about your loved ones’ welfare. Would you want your estate to go to persons other than your intended beneficiaries? Don’t take risks at the expense of their hereditary rights. Take steps to ensure that your estate passes on to them. Consult an estate planning attorney and discuss your plans regarding the properties of your estate.
Critical Questions to Ask an Estate Planning Attorney Before You Hire Him
Be selective when choosing an Estate Planning Attorney. When trying to find a good attorney to handle your estate planning, you should consider experience, knowledge, and services provided. How do you determine whether or not an attorney has the background you need? Ask questions! One of the first questions you should ask is “What do you think about probate?”
If the attorney tells you that probate is your best option, or that probate isn’t all that bad, then you should look for another attorney. Probate IS better for attorneys, but not for families looking for closure. Attorneys and the court make a lot of money when there is a probate.
So, your objective is to AVOID probate.
The second question to ask is, “What can I do to avoid probate?” Ideally the answer should be “A revocable living trust. Then you should ask, “Do you prepare the trust for me?” and “What is included in your trust package?”
“Besides the Living Trust does it include:
• A pour-over will?
• Transferring my real estate into the trust?
• Transferring my other assets into the trust?
• A schedule of assets being transferred into the trust?
• A power of attorney?
• A health care power of attorney and a living will?
• Instructions on how to keep my trust current?”
Keeping Your Living Trust Current
Keeping your Living Trust current is one of the most important things to remember after you’ve set up your trust. Many folks forget to include new real estate purchases or assets in an updated “schedule of assets” in their trust. Your “schedule of assets” should be updated regularly. The best thing to do is to have your trust reviewed every two years or so. Having your trust reviewed by the same attorney who drafted it is a good practice. He knows what is in his trust and what needs to be updated according to the recent changes in the law.
Does Your Estate Planning Attorney Need to Be a Local Attorney?
What about the physical location of your chosen attorney? Your estate planning attorney doesn’t necessarily have to be from your home state. As long as he or she is very knowledgeable about trusts and estate planning, a good attorney will be able to help from any state. Just be sure to hire an Estate Planning Attorney you feel comfortable with. Hiring someone you don’t trust will just make the estate planning process much more difficult than it really is.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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