While estate may sound like something reserved for only the wealthy or somewhere you end up at the end of a board game, anyone who owns any property has an estate. However, the complexity and value of that estate determines whether you might need an estate planning attorney. If you’re currently searching for “estate planning attorneys near me,” here is your primer on estate planning attorneys, what they do, and how to tell when you need one.
What Are Estate Planning Attorneys?
The term estate refers to everything that a person owns. This may include various types of assets, including:
| Type of Asset | Definition |
| Real property | Real estate, land, and rights concerning real property |
| Physical property | Tangible property that can be touched, used, and sold, such as furnishings, collections, and vehicles |
| Financial property | Values in checking, saving, money market, mutual fund, and retirement accounts |
| Digital assets | Assets that are held online, such as shopping accounts, online bank accounts, photos stored online, cloud accounts, and hardware used to store or create digital assets |
| Intellectual property | Copyrights, patents, trademarks, licenses, and rights concerning inventions, ideas, and creations |
| Intangible assets | Property that cannot be touched and may not have an objective way to value. Intangible assets may include intellectual property, digital assets, investments, and social media accounts. |
Estate planning refers to managing estates, usually through making proactive arrangements that are triggered at the time of the planner’s incapacitation or death.
Estate planning attorneys may help create plans for estates, or they might help an estate move through the probate process after a person dies. Alternatively, they might represent someone who knew the person who died if they believe they have not received property that rightfully belongs to them. Some estate planning attorneys represent the estate itself rather than an actual person.
Estate planning attorneys may represent the following types of parties:
- People preparing their own estate plan
- People contesting an estate plan, such as an heir or beneficiary
- Trustees, executors, personal representatives, and other fiduciaries who are carrying out their duties
- Creditors who are making claims against an estate
- People concerned about the welfare of a person who may lack mental capacity to tend to their own affairs who are seeking guardianship
- Small business owners who want to create succession plans for their business
What Do Trust and Estate Planning Attorneys Near Me Do?
Now that you know the various parties a trust and estate planning attorney may represent, it is important to understand the various types of things these attorneys may do. Trust and estate planning attorneys may handle various responsibilities, including:
Creating Estate Plans
Estate planning attorneys prepare documents that provide instructions on how a person wants their affairs handled in the event of their mental incapacitation or death. These documents might include:
- Last will and testament
- Living trust agreements
- Power of attorney
- Healthcare power of attorney, healthcare proxy, living will, and other health care directives
- Titles, deeds, and beneficiary designation forms
Prenuptial and postnuptial marital agreements may also be used to protect the client’s rights and interests.
Estate planning attorneys may provide recommendations to clients, ensure they properly execute legal documents, and work to fund trusts. They may also help anticipate potential tax issues or suggest ways to make the probate process more affordable.
Some estate planning attorneys may specialize in particular areas. For example, they may assist with Medicaid and funding long-term care. Others may focus on asset protection and special types of living trusts.
Handling Probate Matters
Some estate planning attorneys also handle the probate process. Probate attorneys may assist with the following legal needs:
- Validating the last will and testament
- Preparing letters testamentary
- Inventorying the estate
- Assisting the executor with estate administration
- Preparing accountings for beneficiaries and the court
- Preparing legal notices
- Having property accurately appraised
- Settling claims
- Filing the estate tax return
- Closing the estate
Representing Clients Involved in Litigation
Some estate planning lawyers may represent parties involved in litigation. Some common scenarios that may result in litigation that involve trust and estate planning attorneys include:
- The formalities of preparing a last will and testament were not observed
- There are multiple wills or a will that may not have been properly revoked
- Trustee beneficiaries believe the trustee is not properly administering the trust
- An executor or personal representative is not properly safeguarding the property
- A fiduciary has commingled estate and personal assets
- A loved one believes a family member is abusing a mentally incapacitated adult
- An older person is no longer able to make decisions for themselves or take appropriate steps to protect themselves
- A person was unduly influenced or coerced to create a will or other estate planning document in another person’s favor
- Beneficiaries with equal rights disagree about how jointly owned property should be handled
Why Do I Need an Estate Planning Lawyer Near Me?
You may need an estate planning lawyer near you if you need assistance with any of the matters identified above. Additionally, if you are dealing with a difficult situation, such as losing a loved one or trying to protect a vulnerable adult who may be losing their capacity, you may choose to trust the legal minutiae to a seasoned professional.
The types of tasks that estate planning lawyers may be able to help you with can range drastically and might include:
- Designate beneficiaries and fiduciaries
- Explain the probate process and relevant laws
- Fund your trust
- Create legal documents
- Name a guardian for your children
- Review your current estate plan and make recommendations for changes
- Inform you when you need to update your estate plan
- Find ways to reduce or avoid estate taxes
How Can I Find Estate Planning Lawyers Near Me?
If you are searching for an estate planning law firm or legal services from an estate planning attorney, you might be getting a lot of results. Fortunately, there are a few different ways you can find reputable estate planning attorneys, including by:
Asking Another Lawyer
If you have worked with another lawyer for another type of case like a personal injury lawyer, criminal defense lawyer, or family law attorney, they may be able to refer you to an estate planning attorney they trust. They may have gone to law school with an estate planning lawyer or acted as co-counsel or as an opposing attorney in another case. The local legal community is often small, and lawyers may be able to give you a recommendation for other lawyers in their circle.
Asking Other Professionals for Recommendations
If you don’t know a lawyer personally, you could ask other professionals who might come in contact with lawyers with whom you have a professional relationship, such as:
- Doctors
- Bankers
- Social workers
- Accountants
- Guardian ad litems
- Hospice workers
- Nursing home staff
Asking Other People for Recommendations
You could also ask friends, colleagues, relatives, or other people in your life whose opinion you value for recommendations.
Looking on State Licensing Boards’ Websites
You can also check on the websites of the various licensing boards that regulate the practice of lawyers in your jurisdiction. They may include a listing of all currently licensed attorneys in your state.
Looking on Local Bar Association Websites
You can also look for directories on local bar association websites.
Checking Lawyer Referral Websites
Lawyer referral services may list attorneys. However, beware that sometimes these sites charge lawyers to list them, so you might be missing out on otherwise qualified lawyers who simply didn’t want to pay hefty fees to be listed on their site. We offer a convenient online directory that can connect you with estate planning attorneys near you.
Read Online Reviews
You can also look for lawyers on your own online. Read real client reviews about the law office and estate planning lawyer to get a better sense of what it might be like working with a particular lawyer.
Meet with Lawyers
The best way to determine how it will be like working with a lawyer is to meet with them. Some estate planning lawyers provide a free consultation or a consultation at a reduced rate to get to know you and explain how they can help. They can discuss your estate planning needs during this initial consultation and the types of estate planning documents that may be most useful to you.
What Do I Look for to Find the Best Estate Planning Attorney Near Me?
Some of the characteristics you might want to look for in an estate planning attorney near you include:
- Experience – Many lawyers list the years of experience they have right on their website. Estate work can be complex, so you might not want a lawyer right out of law school. Instead, look for a lawyer who advertises estate planning as one of their practice areas.
- Additional credentials – Law schools are set up so that a lawyer can become competent to handle a wide variety of cases after passing the state bar examination. However, you can look for lawyers who have additional credentials that give them extra credibility in this field, such as an LLM degree, certification by the National Association of Estate Planners and Council or the National Elder Law Foundation, or Accredited Estate Planner certification.
- Knowledge of estate laws – You also want to know that your lawyer has kept up with relevant changes in the laws. You can look if the lawyer is part of a professional organization regarding estates or has written articles in law journals. You can also see if the lawyer has taught classes on estate matters or collaborated with other organizations for estate planning events.
- A track record of success – Any lawyer you interview should be willing to discuss their experience, whether they have handled cases similar to yours, and the outcome of these cases.
Are There Other Options for Estate Planning Near Me?
Yes. There may be other options for estate planning other than hiring an estate planning lawyer. For example, you can use the PassDown tool to create estate planning documents at your own leisure. This gives you flexibility and continued access to your documents that you can change as you see fit. It is also much more affordable than paying a lawyer every time you want to make a slight change in your estate plan.
Takeaway for Finding a Trust and Estate Planning Attorney Near Me
Trust and estate planning attorneys serve an important role in the community. They can assist with many technical matters that may be complex or pose too much of a burden for you. They can also provide you with personalized legal advice for your situation. Use our online directory to find a trust and estate planning attorney near you.