Many people think estate planning is just about filling out forms to convey wishes about finances, health, and assets after death. While these documents may seem simple, they are crucial legal tools to manage affairs during incapacity or death. Relying on nonlawyers for estate planning or legal advice can be risky. Some professionals, though well-meaning, may cross into legal territory without the proper qualifications. It’s important for both professionals and consumers to recognize the boundaries of expertise and seek guidance from qualified estate planning attorneys to avoid costly mistakes.
Reasons to Be Cautious and Contact an Estate Planning Attorney
Many different types of professionals play important roles in the estate planning process. Some aspects of the process, however, should be handled only by lawyers. Nonlawyer professionals do not have the same legal training and expertise that a licensed and experienced estate planning attorney has. Estate planning requires an understanding of complex legal issues, including tax implications, property rights, and family law considerations. Relying on individuals who do not have the right qualifications may result in oversights or incorrect applications of law.
Other types of professionals can provide crucial information about your finances, insurance policies, property, and other relevant issues that contribute to a comprehensive estate plan. They can also offer expert advice regarding investment strategies, financial products that can enhance your estate plan, and important tax consequences.
Nonlawyers often provide generic estate planning solutions that are merely templates and do not address your specific needs and circumstances. Estate planning is highly individualized, and a one-size-fits-all approach may not adequately protect your money and property or meet your goals. Attorneys know which questions to ask to prevent or navigate specific legal problems and provide alternative strategies.
Estate planning laws and probate procedures also vary significantly from one jurisdiction to another. Nonlawyers may not be well-versed in the specific laws of your state, leading to incomplete or inappropriate legal documents that may not be legally valid or effective. Between improperly drafted documents and outdated documents that must be updated as your circumstances change, there is sure to be disappointment when you need your estate plan to work.
In addition, communication with attorneys is protected by attorney-client privilege, which ensures confidentiality. Most nonlawyers cannot offer the same level of privacy, potentially jeopardizing sensitive information and creating legal risks.
How to Find a Trustworthy Estate Planning Attorney
Finding a reliable estate planning attorney is essential to ensure your wishes are properly documented, protected, and enforceable. Here are some general strategies to help you find a reputable estate planning attorney, regardless of your location:
- Referrals from friends, family, colleagues, or other professionals you trust for recommendations. After compiling a list of attorneys, search for online reviews and testimonials from previous clients to find the right fit.
- Online legal directories, such as the American Bar Association’s Lawyer Referral Directory, Avvo, Martindale-Hubbell, or WealthCounsel’s com. Find attorneys based on their practice area, location, and client reviews
- Professional organizations that focus on estate planning attorney memberships, such as the American Academy of Estate Planning Attorneys or the National Academy of Elder Law Attorneys
- Reach out to you local legal aid organizations or pro bono services. Some attorneys offer reduced fees or pro bono services for individuals with limited financial resources
Ready to Start Your Estate Plan?
Working with a qualified estate planning attorney ensures your plan is legally sound and tailored to your unique needs. If you’re ready to begin the estate planning process or have questions, contact us today to schedule a consultation!