Hiring an Estate Attorney
What to consider. What to ask. What to expect.
Most people hire an estate attorney under one of two conditions: after someone has died, when they are already overwhelmed, or when drafting their own documents, when they are not sure what they actually need. Neither is an ideal time to figure out how the process works. This post covers the basics before you need them.
This post is for informational purposes only. For guidance specific to your situation, consult a licensed estate attorney in your state.
When you actually need one
Not every estate situation requires an attorney. A simple will with minimal assets and a clean beneficiary structure can sometimes be handled with a reputable online service.
An estate attorney is worth hiring when:
Your estate includes real property, a business, or complex assets
You have minor children and need to establish a trust or name a guardian
You are blending families and want to protect assets for children from a prior relationship
Your estate may be subject to estate taxes
You are dealing with an estate that had no will (intestate succession)
You want to create a revocable or irrevocable trust
There is family conflict or the potential for it
You are serving as executor and are unsure of your legal obligations
If any of these apply, an attorney may be your best bet.
What an estate attorney does
Estate attorneys draft and review the legal documents that determine what happens to your assets and your person: wills, trusts, powers of attorney, healthcare directives, and beneficiary designations. They also advise on how to structure ownership of assets to get the outcome you want, which is not always what you assume going in.
After a death, an estate attorney can guide an executor through probate, identify what does and does not need to go through the court, and manage the legal notices and creditor processes that have deadlines.
How to find one
National Academy of Elder Law Attorneys (naela.org): Specialists in eldercare, Medicaid planning, and estate planning for aging clients.
Your state bar association: Most have referral services with verified attorneys.
A referral from your financial advisor or CPA: These professionals work closely with estate attorneys and often have reliable referrals.
Be specific about what you need. An attorney who specializes in complex business succession is not necessarily the right person for a straightforward estate plan.
What to ask in a first consultation
Many estate attorneys offer a free or low-cost initial consultation. Use it.
"What is your experience with situations like mine?"
Give them the relevant facts and ask whether this is typical work for them.
"What do I actually need, and what can I skip?"
A good attorney will tell you when you do not need something. If they push every available product regardless of your situation, that is information.
"What is the total cost, and what is included?"
Estate attorneys typically charge either a flat fee for document packages or by the hour. Ask for a written engagement letter before work begins.
"How do you handle updates?"
Estate documents should be reviewed after major life changes. Ask whether future updates are included or charged separately.
What to bring to the meeting
The more organized you are, the more useful the meeting.
A list of your assets: property, accounts, retirement, insurance, business interests
Current beneficiary designations on your accounts
Names of people you are considering for executor, trustee, healthcare proxy, and guardian, if applicable
Any existing documents you want reviewed
Restfully's Legacy Organizer is a practical way to pull this together before you walk in. It covers the categories an estate attorney will ask about and gives you a clear picture of where things stand.
