How to find an estate planning attorney

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Price is a key consideration in choosing an attorney. Keep in mind how much you can pay and find a lawyer whose fees you can afford.

The prospect of finding an attorney to help you craft your estate plan may seem daunting. But if you have a clear plan, the process can be simpler than you may think. "Getting organized and having a system is half the battle in Estate Planning Attorney Roslyn NY, and that extends to finding an attorney," says Michael Christy, Fidelity's vice president of advanced planning.

Start by identifying what you need to accomplish with your estate plan. That information will help you determine the type of attorney you'll need.

Most people will want to look for an estate planning attorney who can help them draft a will, powers of attorney, and basic trusts. But some situations call for attorneys with certain specializations. For example, you may have reason to be especially concerned about maximizing benefits programs such as Medicaid, or addressing long-term care, in which case you may need a specialist in elder law. If you have financial interests overseas, you may require the skills of an attorney who specializes in international estate planning. Likewise, if your case requires legal work in more than one jurisdiction or state, be sure to consider attorneys who are licensed to practice in all those places

Once you know the kind of attorney you need, you can begin to build a list of potential candidates. Start by asking trusted friends and family members for referrals. "Word of mouth is always one of the best approaches," says Christy. "If people have had a bad experience, they're sure to tell you." Also consult with financial professionals with whom you work, such as accountants, insurance agents, and bankers. They may be able to refer you to attorneys they know and trust.

After you've narrowed your list to your top few candidates, confirm their state bar registration status, and then talk to them about an interview. An attorney may or may not charge you for an interview. Come prepared for your first meeting (in person, or by video conference) with all the information that you will need, including your estate planning summary from the Fidelity Estate Planner and any supporting documents. Also prepare a list of questions you would like to ask prospective attorneys, including the following:

  • How long have you been practicing?
  • Where were you educated?
  • How will you communicate with me?
  • What are the best ways to contact you?
  • Will you be my point of contact, or will it be someone else, such as a paralegal?
  • Will you send me updates about the status of my plan, or should I expect to take the initiative?
  • How will you charge, and what is your rate (hourly vs. fixed rate)?
  • Are any charges not included in that rate?

Remember, this interview is your chance to find an attorney who is the best fit for you. Trust your instincts and find a lawyer you're comfortable with. "Don't be afraid to shop around," says Christy. "You've got to have a good rapport. If the attorney you're interviewing makes you uncomfortable during your initial interactions, you may never develop the type of open communication that is the foundation of a good working relationship."

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