The practice of “trusts and estates” is a very broad category that includes estate planning, estate and trust administration, probate, elder law and more. A trusts and estates attorney can help you:
Estates and trusts attorneys usually have more expertise in specific issues. So, if you need a trusts and estates attorney, look for one who specializes in the area of your concern. For example, if your mother just passed away and you want to hire an attorney to settle her estate, look for someone with lots of experience probating estates in the county where your mother lived. (Probate rules vary county to county.) Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well.
You may need to find someone who has knowledge or expertise in multiple areas. For example, if you're going to rewrite your will and your spouse is ill, the estate planner needs to know about how Medicaid will affect your estate plan.
Unfortunately, there are some attorneys who hold themselves out as experts in trusts and estates, but who have little or no experience in this area of practice. If one of these attorneys offers to draw up your will or trust, he or she will probably just plug your information into a software program without really knowing the details about the law or what effects it might have on your estate.
That said, if money is tight and you need to find a lawyer who charges a moderate fee, consider finding a smart, less experienced, attorney to help you. After all experience does not necessarily make a good lawyer, and a newer attorney may very well become a great attorney. However, less experienced attorneys should also know when they are in over their heads, so make sure that any less experienced lawyer you hire has a more experienced attorney to consult, if needed.
Also, you may be able to do some estate planning on your own. Simple wills, trusts, and powers of attorney don’t have to be made by attorneys. And with good self-help products, you can either make your own documents or learn more about the documents that an attorney will make for you. (To learn how other people fared with creating estate planning documents without a lawyer, see our survey results on do-it-yourself estate planning.)
In any case, you will need to do a little research to find a trusts and estates attorney that is right for you. If you don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com where you can search for a lawyer by location (city, state, or zip code) and practice area.
When you have a list of lawyers, use the following guidelines to do some initial screening and narrow your list down to three or four prospective candidates:
After you’ve narrowed your list to just a few attorneys, do some deeper research to figure out which is best for you.
You shouldn't necessarily cross a lawyer off your list just because he or she didn't have the time to meet with you on short notice. Nor should you expect to be able to discuss the details of the matter on the telephone with the lawyer. Good lawyers are busy, so they may not be able to spend as much time as they would like with prospective clients. But if it takes a lawyer too long to meet with you, it may be a sign that he or she is too busy to give your situation sufficient attention.
Ask about the fee for the initial consultation. Some attorneys may waive this fee or apply it to your first hour of hired work. (See our study on hourly rates and free consultation policies reported by estate and trusts attorneys across the country.) Also ask about how the lawyer will charge for the services provided (such as by the hour or with a flat fee), and ask for an estimate of the total cost. (To put the answers in context, see our survey results on how much attorneys charged to prepare estate planning documents.) Finally, make sure you prepare for your meeting with the lawyer so that you can make the best use of the time.
Use your common sense and instincts to evaluate the remaining lawyers on your list. Eliminate those that don’t feel like a good fit, as well as those that are not confident that they can help you. Trust your gut and choose the lawyer that feels right to you.