Questions To Ask A Probate Lawyer Before Hiring – Estate Planning 10 Things You Should Ask Before Hiring an Estate Planning Attorney Posted on Jul 11, 2015 by Bridge Law LLP
Before you hire an estate planning attorney to guide you and your family, ask these 10 questions to ensure you’re not paying too much for services that aren’t what you need, want, or need. Hiring a lawyer does not have to be a scary experience. However, it may be the most effective decision you make.
Questions To Ask A Probate Lawyer Before Hiring
1. Do you prepare a comprehensive plan to care for my child if something happens to me, such as a Child Protection Plan™ that names short-term and long-term guardians and provides special instructions for all of my guardians and caregivers? How about an ID card for my wallet that lists my short-term guardian with contact information?
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Most estate planning attorneys will tell you that a will will be sufficient to name guardians for your children. This is not true. What happens if you become paralyzed? A will not be enough. Second, a will is designed only to name the long-term legal guardian of your children, but does not mention a short-term guardian, which can be important. Equally important is the guardianship waiver: to ensure that you do not want to be your child’s guardian, you cannot serve him. It is also important to offer advice to caregivers, including caregivers, about what not to do in an emergency. That alone can prevent your child from being referred to child protective services.
The sad truth is that most attorneys don’t offer a comprehensive approach like a Child Protection Plan™, so it’s important to find out why they don’t offer it.
2. Are all your rates fixed rates? What happens to the work done after completing the estate plan document?
You should not be afraid to talk to your lawyer about how he will bill for the work he will perform for you. In fact, when you call the attorney’s office, this is one question you should ask. No one wants surprises!
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If you call a lawyer’s office, they will not give you information about their fees or expectations of what they will do, be careful, you will be surprised at what they will do.
Look for an attorney who bills all services on a fee basis, per project and never by the hour, unless the court requires it for a limited purpose. In any case, if your lawyer decides to promise not to send unexpected bills in the mail for urgent phone calls or emails.
3. What happens if I call with a legal question two years after the planning document is completed? What if the question is about more than just my estate plan?
In today’s complex world, most lawyers have specialized training in one or more specialized practice areas, such as divorce, bankruptcy, wills and trusts, probate, personal injury, commercial, criminal or employment. You definitely don’t want to work with an attorney who claims to be an expert in anything that comes through the door. However, you want your lawyer to have extensive enough experience to be able to discuss any legal or financial issues that arise in your life.
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Find a lawyer with a service program or membership program in place so you can pay a low monthly fee and be able to call all your legal and financial questions without charging an hourly rate for consultation. And make sure that when you call, you will get an appointment to speak with a personal lawyer you know and trust, and you will not be sent to a lawyer who works in an office and may not know you. Who or what you are is important to you.
4. Do you have a whole team or just you? What happens if something happens or you withdraw?
This is a very important question to ask a service professional when entering a relationship and one that is often overlooked. Of course, it may be uncomfortable to ask, but a client-focused service provider will have a plan in place to ensure that the client is taken care of no matter what happens to the attorney in the future.
The answer you want to find here is that your lawyer has a clear plan for a warm, caring person to solve your problem without interrupting your service. If your attorney is preparing wills, trusts, and other estate planning documents for you, or if you’re in the midst of a divorce or lawsuit, you’ll want to make sure your attorney has a plan so you don’t have to start over. . on. scratch and, if you are in the membership program with your lawyer, you will want to make sure that you have a relationship with a lawyer or a network of lawyers who can continue to serve you in the program.
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You can have the best business structure and the best legal plan for your family, but if your property is not properly structured and if your business is not aligned, it is all a false sense of security because when things go bad and crisis, which. Legal documents cannot.
Make sure the lawyer you use not only provides you with legal documents, but also does the work, making sure your assets are properly structured and your business is compliant.
6. What happens when things change in my life? Do they notify us of changes in the law? How often do you communicate with me?
Unfortunately, many lawyers do a poor job of consistently communicating with their clients. A common notion in the legal industry is that legal work is transactional in nature and clients will call when things change. However, this is a wrong idea and, in our opinion, pure laziness on the part of lawyers.
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Quarterly by mail through an informative and easy-to-read newsletter and monthly by email. I love hearing from the professionals I work with monthly by mail and weekly by email, but progress can happen quickly.
If you are considering hiring a lawyer who does not actively communicate with clients, think again. This attorney may be stuck in an old, outdated mindset that will not meet your needs in the best possible way.
7. Does the planning fee include periodic reviews of my plan? What happens if I want to change my plan?
Often these days, families draft legal documents and think, “Great, done. Now I don’t have to think about it!” Then, life comes along or a crisis happens and the family realizes that the documents have expired and the assets are not properly owned, then the plan fails or the business owner creates a legal entity to protect the business owner’s personal assets. , but then do not conduct business properly or comply with the legal entity. Then the business plan failed.
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The truth of the matter is that legal documents do not “set it and forget it.” Your will and trust are living documents that should be reviewed and updated throughout your personal life. And you want to find a lawyer who will keep everything for you, review documents regularly, and offer a program to provide ongoing advice without an hourly rate.
Find an attorney with a membership program or ongoing service program so you can contact them regularly for legal, financial, and business advice without the worry of getting caught and embarrassed. Oh, and make sure your attorney isn’t charging for your copies and faxes!
8. Do you have a process to help me collect and transfer intangible wealth, such as intellectual, spiritual and human assets or who I am and what is important to me?
There is a movement happening in the world where we are finally starting to realize that our wealth is more than the sum of the dollars in our bank, brokerage, and retirement accounts. In fact, many of us know that our intangible assets are more valuable.
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When working with a personal attorney, be sure to find an attorney who will help you capture, document, and deliver not only your financial assets, but all of your assets, including intangible assets that are often overlooked, such as who you are. And what is important to you.
Your lawyer should have a realistic process so that when you complete your plan, you have created a written or recorded message for your loved ones that conveys your values, stories, ideas, and experiences.
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