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Austin Smitherman Prestwood, experienced Estate Planning, Insurance attorney in Mobile, AL with 1 reviews
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7,17
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1.0/5
Avvo
1.0
1 Reviews
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14 Jul, 2020 by Anonymous
Smith vowed to defend me after a lengthy review of my case. After wasting thousands of my dollars he was out of ideas, afraid to move forward and unable to explain his position. Smith over promised and severely under delivered due to his inabilities. Avoid this attorney.
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Timothy Andrew Allen, experienced Criminal Defense, Estate Planning attorney in Jasper, AL with 1 reviews
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7,17
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1.0/5
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1.0
1 Reviews
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30 May, 2019 by Anonymous
As a divorce attorney he is a joke!! He cashed my check the same day and i never heard a word from him. I had to call him if I wanted any information about my divorce and he didn't seem to care about working for me at all. It took like four months to sign papers for a uncontested divorce. I will never use his services again!! What a joke!!
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Irving Silver, experienced Business, Estate Planning attorney in Mobile, AL with 1 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
7,17
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1.0/5
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1.0
1 Reviews
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08 Apr, 2024 by Judy1054
I have talked with the Mobile County Bar and The Alabama State Bar Association concerning Mr. Silver's counsel to probate our Mother's will. The executor/trix were encouraged by Mr. Silver to probate her will with a simple understanding given of a sentence that was described in a paragraph that we questioned prior to probate. Mr. Silver said the deed would be put in the 4 grantees' names and a tenant would be living in our dwelling place. This counsel has destroyed finalizing the estate because lifetime spousal RIGHTS were UNEXPECTEDLY claimed after probate. This lawyer did NOT describe the true meaning of the Art III (a) of our Mother's will that ALL family members KNEW FROM OUR MOTHER's conversation that we were to afford a comfortable period of time for her husband to RELOCATE and her spouse had said openly that he thought it would take him "3... 6 months" to move on. Mr. Silver did NOT protect our Mother's assets but provided rights to his friend and former client as this is a 2nd LIFETIME SPOUSAL RIGHTS CLAIM this attorney accomplished for this same client in 9 years, documented in court records. When TIC's were converted to have REMAINDERMAN INTERESTS unexpectedly, it destroyed our faith and confidence that the legal authorities cared about the true moral outcome intended in our Mother's will. The executor/trix are GUILTY of TRUSTING Mr. Silver's counsel and being uneducated legal clients. The 4 grantees live from CA to GA and this can ONLY be addressed in the Mobile County court system. I wrote Mr. Silver 3 letters over a year's time asking to correct this and his 1 letter reply made fun of us. The letter is a disgrace to his profession and maybe I should post it for others to read. He is 48 years licensed and if anyone wants to challenge his superior legal abilities they would have to dedicate time and resources that are sometimes unbearable to accomplish. This is not opinion, hearsay, he said, she said... but facts that have hurt my Mom's family very much. The evidence is mostly in note-taking because 2 witnesses have since passed away. Undisturbed rights of the lifetime spouse prevent solving this except by court proceedings. Everybody said we should have hired a lawyer to probate our Mother's will. So, do you hire a lawyer to tell you what your lawyer says is right or not? I even called my state representative (Mo Brooks) concerning the lifetime rights claim LAW which was made a second time by this spouse in the state of AL... spoke with an attorney (Mr. Fortenberry). The provision is to prevent homelessness but to my surprise I cannot find anyone who oversees or knows these special laws. REMAINDERMEN have no rights until the LIFE TENANT dies. Mr. Silver's counsel did not afford quality legal insight so we could resolve any difference or circumstance PRIOR to probate. Right moral choices are always legal.
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Thomas R. Finley, experienced Business, Estate Planning attorney in Fairhope, AL with 1 reviews
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7,17
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1.0/5
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1.0
1 Reviews
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24 Sep, 2024 by Anonymous
He doesn't explain seems to be in it for money...which is all okay but where are the morals makes you wonder didn't attorneys agree to some sort of path in regards to helping people.
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Sidney Tingen Philips, experienced Business, Estate Planning attorney in Birmingham, AL with 1 reviews
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7,15
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1.0/5
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1.0
1 Reviews
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16 May, 2019 by Vicki barnes
They are pre-occupied, they don’t know the material and don’t learn the case. They took retainer and then they disappeared. Bad representation in the hearing. Inefficient at $60K in a month and half NOT RECOMMENDED!
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Jackson Middleton Payne, experienced Business, Estate Planning attorney in Birmingham, AL with 1 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
7,15
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1.0/5
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1.0
1 Reviews
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16 May, 2019 by Vicki barnes
They are pre-occupied, they don’t know the material and don’t learn the case. They took retainer and then they disappeared. Bad representation in the hearing. Inefficient at $60K in a month and half NOT RECOMMENDED!
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S. Mitchell Howie, experienced Bankruptcy, Business attorney in Huntsville, AL with 0 reviews
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7,00
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Brannan W. Reaves, experienced Business, Construction attorney in Montgomery, AL with 0 reviews
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7,00
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Jeffrey S Brown, experienced Business, Elder Law attorney in Decatur, AL with 0 reviews
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7,00
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Terrie A. Sadberry, experienced Bankruptcy, Business attorney in Daphne, AL with 0 reviews
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6,00
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Bert Rice, experienced Construction, Criminal Defense attorney in Foley, AL with 0 reviews
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6,00
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Derrick Blythe, experienced Business, Construction attorney in Alexander City, AL with 0 reviews
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6,00
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Jonathan David Townsend, experienced Business, Civil Rights attorney in Tuscaloosa, AL with 0 reviews
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6,00
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Rachel Murphy Morgan, experienced Criminal Defense, Estate Planning attorney in Huntsville, AL with 4 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
5,54
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1.2/5
Avvo
1.2
4 Reviews
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22 Sep, 2020 by Anonymous
She will not help you. She will talk all fancy and run her mouth and laugh at her own jokes. If you don't have a lot of money or be willing to pay her in cash, then she may take your case, but she won't do anything to help you, and when you lose your case she'll blame you then tell you that you owe more money! If you don't pay she will start threatening you and may even file against you because you are a day late with your payment. She honestly believe the other attorneys in the area like her, but they have all said they can't stand her because she lies constantly and is into some pretty dirty shady business deals.
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03 Aug, 2019 by Anonymous
Conversations with her are rude and disappointing. She is unorganized, she blamed me for not having a case put together. Then when I received no calls from her about what the next step was. I emailed her to find out, which was met with hostility. I tried to explain that I was just needing to know what else she needed and what sort of case we were preparing. To which she responded, I don’t put any plans together for cases because they might change. Scary to have a lawyer who doesn’t know how to prepare a winning argument. But to have someone who doesn’t prepare at all you mine as well not have a lawyer. At the end I told her I got a different lawyer. So she proceeded to charge me the entire retainer with charges for everything she could think of. Then when I ask them why I was being charged 140$ to read my email, she said “we may not track our time very well, but we keep track of what we do.” Then she said, “you can’t do anything about it!” And hung up on me. I’m surprised to feel bullied by a lawyer but i guess it happens.
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09 Apr, 2016 by Anonymous
You'd be better off just going with another attorney. Working with Rachel was very discouraging. She and her staff are rude and unprofessional. Simply calling or email to ask a question was met with hostility, as though I were bothering them by being concerned about my case. Her prices are comparable to the prices of other lawyers, just save yourself the extra stress and find a better fit.
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James Robert Engelthaler, experienced Business, Criminal Defense attorney in Florence, AL with 2 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
4,59
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1.0/5
Avvo
1.0
2 Reviews
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19 Dec, 2023 by John
This guy will tell you that YOU are wrong and YOU should be better even without knowing anything about your situation except from whats on your record. Absolutely rude and angry at times when you want to ask simple questions about your case.
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15 Jan, 2021 by Anonymous
I hired James Engelhaler as my attorney for a marijuana citation. He did not help me and wanted me to do time. I was scolded by him and was told I was a drug addict when I have never been arrested or even received a ticket. He told me there was no reason for me to be on medication for my anxiety and PTSD. I was not represented well and he wanted me in trouble even though the judge thought otherwise. He is so rude and I will never recommend him.
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Richard Leigh Watters, experienced Car Accident, Estate Planning attorney in Mobile, AL with 1 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
4,57
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1.0/5
Avvo
1.0
1 Reviews
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16 Nov, 2020 by Anonymous
After hiring this man on a contingency basis (we had a contingency contract), he without our knowledge billed our insurance company for services for several thousands of dollars. The insurance company paid him for most, but not his entire invoice. He then began trying to bill us monies, even though he was dismissed from our case by our insurance company. He took us to district court for $10,000, but the judge only made us pay for phone calls and copies only, resulting in a judgement of $2,000ish. He appealed this to circuit court, who dismissed the case. He then reprimanded the judgement back to district court. WE paid the judgement in full and have EVERY RECEIPT!!! Now, out of the blue, over 2 years later, we received a levy on our property from this Attorney claiming we owe him interest on the judgement. We were unaware of any interest owed and have NEVER RECEIVED ONE piece of correspondence from this attorney until this came today. We contacted district court, whom shows our payment in full. We were also informed by the courts, as well as attorney we have contacted that he does this to numerous people, and takes advantage of any and every one he can and uses the legal system to do so! He is not an above board or honest attorney and will take advantage of you any way he can. DO NOT RECOMMEND THIS ATTORNEY. I would give him 0 stars, but the system makes you give at least one. We have every bit of documentation to verify this review. Years later, this man is still trying to milk monies from us for work he never did. He was dismissed from our case and did not represent us. He is not an honest attorney.
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Shane Hanrahan, experienced Business, Criminal Defense attorney in Albertville, AL with 1 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
4,57
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1.0/5
Avvo
1.0
1 Reviews
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28 Mar, 2024 by Anonymous
OMG! He is one of the worst attorneys I've ever had the privilege of having. He was such a weak force in the courtroom and very unprofessional. I called him all the time and only spoke to him once. I asked him by email numerous times, in person, and over the phone to get body cam footage and that was in a 4 month time span and he couldn't even do that. Saying " Well I asked them about it but there is none." 6 officers don't have one video huh? You couldn't find a motion to get the body cam footage, you just asked huh? He's not what your looking for if you have your life in his hands. Definitely a piece off... he's a peculiar fellow I should say.
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Laura Deanna Chaney Givens, experienced Business, Elder Law attorney in Guntersville, AL with 2 reviews
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Lawyer credibility rating system is an internal lawyer evaluation system developed by the company based on a comprehensive analysis of more than 10 indicators. The rating can range from 0 to 100.
4,55
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1.0/5
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1.0
2 Reviews
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29 Oct, 2024 by Gayle lumel
They do not return phone calls or online messages. I do not recommend
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08 Jul, 2024 by Stephanie hutchins
I do not recommend this firm. I paid for a consultation with her last fall. I left the consultation with a plan of how I could move forward to utilize her services. I provided the information we discussed a week or so after. From that point forward (9 months later), they have been non-responsive to my repeated emails and voicemails, until recently when they responded to my email requesting a refund of my consultation fee. Of course, I was told that I would not be receiving a refund. Had I known she would not be able to handle executing the advice she gave me in the consultation I would never have scheduled to meet with her. After all, isn't that why one has a consultation with attorney.
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Donna Mathews Jennings, experienced Estate Planning, Intellectual Property attorney in Clanton, AL with 0 reviews
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4,00
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Tyrell Fleming Jordan, experienced Estate Planning, Government attorney in Chelsea, AL with 0 reviews
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4,00
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Samuel Charles Rosten, experienced Estate Planning, Litigation attorney in Mobile, AL with 0 reviews
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4,00
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Thomas Patrick Oldweiler, experienced Estate Planning, Real Estate attorney in Mobile, AL with 0 reviews
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4,00
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Paul William Frederick, experienced Business, Estate Planning attorney in Huntsville, AL with 0 reviews
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4,00
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Lawrence Thomas Ryan Jr., experienced Adoption, Elder Law attorney in Huntsville, AL with 0 reviews
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4,00
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Laura Denise Figg Jacobs, experienced Estate Planning, Real Estate attorney in Huntsville, AL with 0 reviews
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4,00
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John Russell Munger Jr., experienced Estate Planning, Real Estate attorney in Huntsville, AL with 0 reviews
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4,00
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James Robert Hinson Jr., experienced Business, Estate Planning attorney in Huntsville, AL with 0 reviews
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4,00
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Deanna Sasnette Smith, experienced Business, Estate Planning attorney in Huntsville, AL with 0 reviews
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4,00
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David Ray Pace, experienced Adoption, Child Custody attorney in Huntsville, AL with 0 reviews
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4,00
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Christopher Morris Messervy, experienced Business, Car Accident attorney in Huntsville, AL with 0 reviews
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What an Estate Planning Lawyer Can Do for You

An estate planning lawyer helps individuals plan for the management and distribution of their assets after death or during incapacitation. Their services involve drafting important legal documents, such as wills, trusts, powers of attorney, and healthcare directives. Estate planning attorneys work to ensure that your assets are transferred according to your wishes, minimize tax liabilities, and avoid probate court. They also help clients plan for potential long-term care needs and protect their estate from being diminished by healthcare costs.

By working with an estate planning lawyer, you can have peace of mind knowing that your loved ones will be cared for and that your estate will be managed efficiently and according to your desires.

When Should I Hire an Estate Planning Lawyer?

Hiring an estate planning lawyer is beneficial in many situations, especially when you want to ensure that your assets are handled properly after death. Common reasons to hire an estate planning lawyer include:

  • Drafting a will: If you want to clearly define how your assets will be distributed after death, an attorney can draft a legally sound will.
  • Creating a trust: For those looking to avoid probate or provide for loved ones over time, setting up a trust can help manage the distribution of assets.
  • Planning for incapacity: An estate lawyer can help draft powers of attorney and healthcare directives so that your financial and medical decisions are made by someone you trust if you become incapacitated.
  • Minimizing estate taxes: If your estate is large, a lawyer can help create strategies to reduce or eliminate federal and state estate taxes.
  • Special circumstances: If you have minor children, blended families, or complex assets like businesses, an estate planning lawyer can create tailored solutions.
  • Guardianship or conservatorship: If you want to designate guardians for minor children or ensure proper care for incapacitated adults, an attorney can help.

Hiring an estate planning lawyer is especially important if your estate is complex or if you want to ensure that your wishes are properly followed.

What Does an Estate Planning Lawyer Do?

An estate planning lawyer provides a range of services designed to help you organize your affairs and ensure your estate is managed according to your wishes. They can:

  • Draft wills and trusts: Creating legally binding documents that dictate how your assets will be distributed and managed.
  • Create powers of attorney and healthcare directives: Appointing someone to make financial or medical decisions for you if you become incapacitated.
  • Minimize taxes: Developing strategies to reduce estate taxes, gift taxes, and other financial liabilities for your heirs.
  • Help avoid probate: Structuring your estate plan to avoid probate, which can save time and money for your beneficiaries.
  • Advise on long-term care planning: Helping you plan for potential healthcare needs in the future, including Medicaid planning and protecting assets from being depleted by nursing home costs.
  • Assist with beneficiary designations: Ensuring that life insurance policies, retirement accounts, and other financial instruments are correctly designated.
  • Handle probate and estate administration: If a loved one has passed away, an estate planning lawyer can help guide you through the probate process or act as an executor.

How Are Estate Planning Lawyers Paid?

Estate planning lawyers typically charge for their services in one of several ways, depending on the complexity of your estate and the type of services you need. Common payment structures include:

  • Flat fee: Many estate planning services, such as drafting a will or trust, are charged on a flat-fee basis. The fee covers all work related to preparing the document.
  • Hourly rate: For more complex planning, such as estate tax strategy or trust administration, lawyers may charge by the hour. Rates vary based on the lawyer’s experience and location.
  • Retainer: Some lawyers require a retainer for more complex cases, such as ongoing trust management or estate administration. The retainer is an upfront payment that covers future legal services.

It’s important to discuss fees with your lawyer upfront to avoid unexpected costs.

How Much Does an Estate Planning Lawyer Cost?

The cost of hiring an estate planning lawyer depends on the complexity of your estate and the services you require. Here are some general guidelines:

  • Simple wills or powers of attorney: A straightforward will or power of attorney may cost between $300 and $1,500, depending on your location and the lawyer’s experience.
  • Trust creation: Establishing a trust, such as a living trust or revocable trust, can cost between $1,000 and $3,000 or more, depending on the complexity of your assets and estate planning needs.
  • Comprehensive estate planning packages: Some lawyers offer packages that include wills, trusts, powers of attorney, and healthcare directives, which may range from $2,000 to $5,000 or more, depending on the estate’s complexity.
  • Hourly rates: For ongoing services like estate administration or tax planning, lawyers may charge hourly rates ranging from $150 to $500 or more, depending on the lawyer’s experience.

Always get a clear estimate of costs during your initial consultation to ensure the services fit within your budget.

Top Questions to Ask an Estate Planning Lawyer

Before hiring an estate planning lawyer, it’s important to ask questions to ensure they are the right fit for your needs. Here are key questions to ask during your consultation:

  1. What is your experience with estate planning?
    Ensure the lawyer has substantial experience drafting wills, creating trusts, and handling other estate planning services.
  2. How will you charge for your services?
    Clarify whether the lawyer charges a flat fee or by the hour and ask for a detailed estimate of costs.
  3. What strategies do you recommend for my estate?
    A good lawyer should be able to explain the best strategies for minimizing taxes, avoiding probate, and ensuring your assets are distributed according to your wishes.
  4. How often should I update my estate plan?
    Ask how frequently you should revisit your estate plan, especially if your financial situation or family dynamics change.
  5. Do you offer ongoing support or updates?
    Some lawyers provide periodic reviews or updates to ensure your estate plan stays current with changes in your circumstances or the law.
  6. How will you help my beneficiaries if something happens to me?
    Ensure the lawyer is willing to guide your heirs through the estate administration process or help manage your trust after you’re gone.

How to Check the Credibility of an Estate Planning Lawyer

To ensure you’re hiring a credible estate planning lawyer, follow these steps:

  • Verify their state bar license: Check with your state bar association to confirm that the lawyer is licensed and in good standing, with no history of disciplinary actions.
  • Look for estate planning certifications: Some lawyers are certified as estate planning specialists, which indicates they have extensive knowledge in this area of law.
  • Read client reviews and testimonials: Online reviews on sites like Avvo, Google, or Martindale-Hubbell can provide insight into the lawyer’s professionalism and client satisfaction.
  • Ask for references: A credible lawyer should be able to provide references from previous clients who can speak to their expertise and client service.
  • Check for membership in professional organizations: Lawyers who are members of organizations like the National Academy of Elder Law Attorneys (NAELA) or the American College of Trust and Estate Counsel (ACTEC) often have a strong reputation in the field.

What Should I Prepare for My First Consultation?

To get the most out of your first meeting with an estate planning lawyer, it’s important to come prepared. Here’s what you should bring:

  • List of assets and liabilities: Provide a detailed inventory of your assets, including real estate, bank accounts, retirement funds, investments, and personal property, as well as any debts you may have.
  • List of beneficiaries: Be ready to discuss who you want to receive your assets and in what proportions. This includes naming guardians for minor children if applicable.
  • Existing estate documents: Bring copies of any existing wills, trusts, powers of attorney, or other relevant estate planning documents.
  • Questions about your estate goals: Write down your goals, such as avoiding probate, reducing taxes, or setting up charitable donations, so your lawyer can tailor a plan to meet your needs.
  • Information on medical and financial decision-makers: Be prepared to discuss who you want to appoint for healthcare and financial decisions if you become incapacitated.

By being well-prepared, you can ensure a productive consultation and begin building a comprehensive estate plan that meets your needs and protects your loved ones.

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