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Top 3 Tips to Find an Estate Planning Lawyer

Author: Christopher Williams

More than half of Americans with children do not have a will in place, according to a survey by RocketLawyer.com. This includes 41% of Baby Boomers between the ages of 55 and 64. In many cases, those surveyed indicated that they didn't think they needed a will or that the documents were too expensive to prepare. The reality is that those that pass away without a will rely on the state to decide how property is distributed – not exactly ideal for everyone. In this article, we'll take a look at some tips to help identify an estate planning lawyer that can help ensure that the proper documents are drawn up to avoid these problems. (For more, see: Getting Started on Your Estate Plan.)

Determine if You Need a Lawyer

Estate planning is something that everyone should consider doing, but not everybody requires an estate planning lawyer to get it done. For instance, a person with no children and few assets could draw up a will using online services like LegalZoom or Nolo with little risk of any complications. These online options are often much cheaper than hiring an estate planning lawyer and provide the perfect solution for simple financial situations and family dynamics. (For more, see: Do You Need an Estate Planning Lawyer?)

Those with a high net worth, complex family dynamics, complex financial situations or disabled dependents may need to hire an estate planning lawyer to ensure proper planning for the future. Since many online services provide only standardized templates, estate planning lawyers can help address more specific concerns that often arise in these situations, such as whether or not an inheritance will affect a disabled person's right to disability funding.

Do Due Diligence Beforehand

Estate planning lawyers have a lot of public records that can be referenced before setting up meetings either over the phone or in person. When looking for estate planning lawyers, check with the state or local Bar Association and/or look for board certifications like the National Association of Estate Planners and Councils' Accredited Estate Planner, which demonstrates the lawyer's expertise in the area of estate planning and related services. (For more, see: 10 Questions to Ask Your Estate Planning Attorney.)

During a meeting, be sure to ask the estate planning attorney about their practice, develop a full understanding of the fees involved and ask for references. These references can be especially helpful in identifying how personable estate planning lawyers are and other intangibles that are difficult to glean from public records or marketing materials, although references are probably at least a little biased.

Get Everything in Writing

The fees charged by estate planning lawyers vary person to person, while different states have different regulations and considerations. To avoid any problems, be sure to get all of the details regarding fees in writing beforehand and keep a record of it for reference. These simple steps will help ensure that you're not overcharged for any aspect of the planning process and that you receive all of the documents needed in the end. (For more, see: Skipping Out on Probate Costs.)

On a related note, be sure to ask the estate planning lawyer if they are insured and keep a record of that insurance. Mistakes made by the attorney can be costly to fix down the road, particularly in instances of probate after someone passes away. These insurance documents provide assurance that the lawyer can be held responsible for these costs if they arose as a result of mistakes made during the planning process.

The Bottom Line

More than half of Americans with children do not have a will in place, which highlights the need for estate planning. The first step in finding an estate planning lawyer is determining if it's necessary to hire one based on your individual financial and family situation. The second step is to conduct due diligence to come up with a short-list of candidates that can be contacted by phone or in-person for a meeting. The third step is to get everything in writing and ensure that the lawyer has insurance in order to avoid unnecessary costs or problems down the road. (For more, see: 5 Ways to Mess Up Estate Planning.)

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