What to Look for in a Will Lawyer Near Me
If you’ve decided you need to prepare your last will and testament, you might be searching for lawyers that do wills near me. But how do you know that your search results will actually be a qualified lawyer and not just someone paying for ads to attract the biggest number of people possible? Let’s explore whether you actually need a will, how to find a will lawyer, and questions to ask them to determine if they are qualified to take your case.
Quick Definitions
| Term | Definition |
| Last will and testament | The legal document that sets out instructions about how your property should be handled after your death |
| Testator | Person for whom the will is made |
| Heir | A person who has a legal right to inherit from you if you do not have a last will and testament |
| Beneficiary | A person you specifically name in your last will and testament or other document to receive your property |
| Executor | The person you appoint to carry out the terms of your last will and testament and assist with the probate process |
| Intestate | Dying without a will |
| Estate | What you own at the time of your death that is not automatically transferred |
| Guardian | Who you appoint to take care of a person you name in your will or their property |
| Probate | The formal process of settling your estate in court |
| Codicil | An amendment to your will |
Why Do You Need a Will?
A last will and testament explains what you want to happen to your property after your death. It gives you control over who ultimately gets your property. Without a will, you die intestate, and state intestacy laws determine what happens to your property. This could mean that a relative you have no relationship with winds up with your property, or that an intimate partner gets nothing.
Additionally, you can nominate a guardian for your minor children in your will. Without this designation, this important decision could be left up to a court and a judge who doesn’t know you, your family, or your situation.
Who Can Make a Will?
This depends on state law, but generally anyone meeting these requirements can make a will:
- Person of legal age – This is usually 18. However, some states have specific exceptions for people under this age who are married, emancipated, or in the armed forces.
- Has mental capacity – This standard varies by state, but it usually requires that the testator knows the nature and extent of their property, the specific property they own, and how the will is directing the assets to be distributed. This is also sometimes known as being of “sound mind.”
What Do Attorneys Who Specialize in Wills Near Me Do?
Will attorneys complete a number of important tasks related to your will, including:
- Discussing your options
- Preparing your last will and testament
- Reviewing your existing will
- Making codicils to wills
- Making recommendations for changes in your will
- Designating beneficiaries, guardians, and executors
- Recommending other estate planning documents to help achieve your objectives
- Creating an end-of-life plan that matches your values and objectives
- Ensuring you follow proper formalities when executing your last will and testament
Some will lawyers also offer other legal services, such as helping to resolve legal issues that arise during the probate process, representing clients in front of probate court, or assisting with estate administration. Some estate planning attorneys may offer legal advice about making medical decisions now while you are in good health. Often, estate planning lawyers provide clients with tremendous peace of mind of knowing that they have handled these important affairs.
How to Find Lawyers Near Me for Wills?
You might be overwhelmed with options for lawyers when you search for will lawyers near me. Here are some ways to get reliable recommendations for will lawyers:
Ask Another Lawyer You Have Business With
If you previously hired a divorce lawyer or business lawyer, you can ask them for a professional referral. Local legal communities are often small and local lawyers may know of lawyers in other practice areas that they can personally recommend.
Request a Professional Recommendation
Other professionals may routinely work with lawyers. For example, doctors may be asked to prepare reports regarding a patient’s mental capacity. Bankers may act as trustees. Nursing homes may work with lawyers on Medicaid eligibility. If you work with these professionals, they may be able to recommend a will lawyer who can help you.
Ask a Trusted Source for a Recommendation
You could ask someone you trust for a recommendation for a law firm that is qualified to create your will, such as a friend, coworker, family member, or even social media connection.
Review State Licensing Boards’ Websites
State licensing boards often contain a list of licensed attorneys. This site may also show if the lawyer is in good standing and whether they have any disciplinary reports against them (in which case you might want to avoid them)
Look on Local Bar Association Websites
Many state, county, and regional bar association websites include directories for lawyers in the area.
Check Online
You can go back to your search results for estate attorneys near me and use a discerning eye to determine whether a result may match what you need. We also simplify this process for you by providing a convenient online directory for you to find local will lawyers.
What Do I Look for in Attorneys Near Me for Wills?
Here’s what to look for when you find attorneys near you for wills you are considering hiring:
- Experience – Estate work may involve nuances and complicated legal matters, so you want to find someone with experience not only in the law but specifically in creating estate plans.
- Additional credentials – Look for an estate planning lawyer who has an LLM degree (which shows they have taken extra steps to learn about tax laws and estate taxes and how they might affect you), certification by the National Association of Estate Planners and Council or the National Elder Law Foundation, or Accredited Estate Planner certification. These extra credentials show that the attorney has taken additional steps to be qualified to assist you with making your will.
- Familiarity with estate planning laws – Check if the lawyer has taught estate courses, hosted seminars on estate matters, published in law journals, or is a member of a bar association that focuses on estate planning that may demonstrate they are keeping up with changes in the laws.
- A pleasant demeanor – Talking about wills and death can sometimes be emotional. You want to work with a lawyer who is kind and compassionate, who will not treat you like just another case folder. You are talking about matters of life and death, so you want someone who gets it and is pleasant to work with.
Some estate planning lawyers offer a free consultation so you can get to know them.
Questions to Ask a Will Attorney Near Me
In preparation for your consultation with an estate planning attorney near you, you can prepare a list of questions to ask. Here are some questions you might consider asking and what the answer may show you.
| Questions | What the Answer Shows |
| How long have you been practicing estate planning? | You want to know that the lawyer is qualified to prepare your will and knows what they’re doing. Generally, the longer they’ve been in practice, the better. |
| Are you a living will attorney near me? | Even though you’re searching for a lawyer for wills near me, you might still want to work with a lawyer who prepares estate planning documents besides just last wills and testaments. Attorneys that do wills often also prepare other estate planning documents, too, like living wills, healthcare proxy documents, living trust arrangements, and power of attorney documents. |
| Do you practice other areas of law? | While a will lawyer will likely prepare other estate planning documents, you may prefer an attorney who specializes in wills and the preparation of estate planning documents rather than a lawyer who works in various practice areas like business law, criminal law, and family law. You want a lawyer who understands the nuances of estate planning and who won’t make costly mistakes. |
| Do I really need a wills attorney near me? | The lawyer should be able to explain why you need a wills attorney, such as that the case is complex and requires an attorney’s attention to detail. While you may find attorneys in other states, will preparation is state specific, so if you hire a lawyer, it should be a local one. |
| How are will attorneys near me different from other types of attorneys? | The lawyer should be able to explain their familiarity with the relevant laws that affect your will and the administration of your estate. Hiring a lawyer who specializes in wills can ensure you are taking steps to protect your loved ones from potential problems that could arise if you work with someone who is not familiar with these laws. |
| What type of estate plan do I need? | A will lawyer can examine your situation and ask about your objectives to determine what types of estate planning documents you should put in place, such as a will, trust, power of attorney, or other documents. |
| What are your fees? | The lawyer should be able to give you an estimate of what it will cost to prepare your will and how they charge (hourly, flat fee, etc.) |
Other Options for Will Preparation Near Me
You may have other options than hiring a will lawyer. For example, you can use a tool such as the PassDown tool to create your own will and estate planning documents.
Also, wills are usually only necessary if your estate goes through probate. Many people want to avoid probate because it can be expensive, complicated, and time-consuming. You may be able to organize your estate in such a way that you do not technically own property at the time of your death so probate becomes unnecessary. You can create a number of documents to achieve this, including:
- Joint tenancy with rights of survivorship – You can create deeds and title bank accounts as joint tenancy with rights of survivorship (JTWROS) and then the co-owner will absorb your share of the asset at the time of your passing.
- Lady bird / beneficiary deed – If you don’t want to give away any current interest in your real estate, you may be able to use a lady bird deed or beneficiary deed that names a person who the property will pass to upon your death (depends on the state).
- Beneficiary title – Similar to beneficiary deeds, beneficiary titles let you name a person who will receive your specific personal property at your death, such as a vehicle, boat, or trailer.
- Payable on death account – A payable on death (POD) account lets you name a person to receive your property at the time of your death. These are often used for financial accounts like checking and savings accounts.
- Transfer on death account – A transfer on death (TOD) account works similarly to a POD account but is usually for stocks, bonds, and other securities.
- Beneficiary designation form – With some types of property, you can designate a beneficiary to receive your property when you die, such as life insurance policies and retirement accounts.
- Trust – A trust is a legal agreement in which you name a trustee to manage the property in the trust for the benefit of your beneficiaries.
Takeaway for Finding an Attorney for Wills Near Me
Estate lawyers can review your circumstances and prepare wills and other estate planning documents for you. However, you may not need to hire a will attorney if you choose to prepare your own will or use other probate avoidance strategies. If you’d like to work with an estate planning lawyer who can personally assist you with making your will, check our online directory for a will lawyer near you.