Estate Planning Attorneys: What They Do and How to Choose
On February 16, 2025 By newsroom Topic: Saving And Investing Money
Estate planning attorneys guide individuals through creating wills, trusts, and other documents to manage assets after death or during incapacity. Here's a breakdown:
What Do Estate Planning Attorneys Do?
- Create Wills and Trusts:
- Help allocate assets to beneficiaries.
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Establish trusts for more complex financial arrangements.
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Draft Legal Documents:
- Power of Attorney: Allows someone to manage your finances or healthcare if you’re incapacitated.
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Advance Healthcare Directives: Specify medical care preferences.
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Provide Tax and Legal Expertise:
- Assist with minimizing estate or inheritance taxes.
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Ensure compliance with state and federal laws.
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Coordinate Assets:
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Ensure beneficiary designations (e.g., 401(k)s, IRAs) match your overall estate plan.
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Elder Law and Special Needs:
- Plan for long-term care or disability needs.
- Help with Medicaid planning and protecting assets from creditors.
Do You Need an Estate Planning Attorney?
You might need an attorney if:
- You have minor children or dependents and need a trust.
- Your state has estate or inheritance taxes (e.g., Massachusetts taxes estates over $1 million).
- You’re uncomfortable with legal jargon and need help navigating complex documents.
- You’re at risk for incapacity due to chronic illness or aging.
You may not need an attorney if:
- Your estate is straightforward with beneficiary-designated accounts (e.g., Roth IRAs, life insurance).
- You’re comfortable using online tools for simpler wills or trusts.
How to Choose an Estate Planning Attorney
- Check Qualifications:
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Look for membership in groups like the American College of Trust and Estate Counsel.
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Get Recommendations:
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Ask friends, family, or local bar associations.
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Request a Free Consultation:
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Most attorneys offer 30–60 minutes to discuss your needs.
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Specializations:
- Seek expertise in areas like elder law or tax planning if applicable.
Costs of an Estate Planning Attorney
- Hourly Rate: $250–$350, depending on experience.
- Flat Fees for Bundles: $1,000–$2,000 for comprehensive plans.
- Free Consultations: Offered by 63% of attorneys for initial discussions.
DIY Alternatives
For simple estates, online tools like Trust & Will or LegalZoom may suffice.
- Prices range from $149 to $599 for basic wills or trusts.
Pro Tip: Even if you start with online software, consult an attorney as your estate grows or your family situation changes. A professional touch ensures maximum protection and peace of mind.
