Hiring an Estate Attorney

For informational purposes only. For guidance specific to your situation, consult a licensed estate attorney in your state.

When you actually need one →

• Your estate includes real property, a business, or complex assets
• You have minor children and need a trust or a named guardian
• You are blending families and want to protect children from a prior relationship
• Your estate may owe estate taxes
• You are handling an estate with no will (intestate succession)
• You want a revocable or irrevocable trust
• There is family conflict, or the potential for it
• You are an executor unsure of your legal obligations

What an estate attorney does →

• Draft and review wills, trusts, powers of attorney, healthcare directives, and beneficiary designations
• Advise on how to structure ownership of your assets to get the outcome you want
• Guide an executor through probate after a death
• Identify what does and does not need to go through the court
• Manage legal notices and creditor deadlines

How to find one →

National Academy of Elder Law Attorneys (naela.org): specialists in eldercare, Medicaid planning, and estate planning for aging clients.

Be specific about what you need. An attorney who handles complex business succession is not necessarily right for a straightforward estate plan.

Book directly. Schedule a free consultation through Scrivnr, a Restfully partner.

Book a free consultation

Scrivnr is a partner of Restfully. We may earn a referral fee if you book through this link, at no additional cost to you.

What to ask in a first consultation →

Many attorneys offer a free or low-cost first 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 tells you when you do not need something. If they push every product regardless, that is information.

"What is the total cost, and what is included?"

They typically charge a flat fee for document packages or by the hour. Ask for a written engagement letter before work begins.

"How do you handle updates?"

Documents should be reviewed after major life changes. Ask whether future updates are included or charged separately.

What to bring →

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 you are considering for executor, trustee, healthcare proxy, and guardian
• Any existing documents you want reviewed

A practical tool

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 shows you where things stand.

Explore the Legacy Organizer