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13 Jan, 2015 by J
Highlights: 1. One of the first issues I had with your “service” was your failure to fulfill your responsibility of keeping me informed of the ramifications of passing the initial closing date we had set for October 25th 2013. As this was my first property and I had no knowledge of the severe monetary loss I could have sustained had the seller pushed to cancel the contract and absorb my down payment. I hired you to guide me on potential issues like this, and let me know what could happen if said date passed. You failed to do any of that and it was not until after the date had already passed and a time of essence letter was issued by the sellers attorney, that I even heard from you and was given an explanation of what was happening. 6. Starting on April 21st 2014 I have multiple documented calls to you notifying you that Leslie was unwilling to provide the soil samples without additional money from myself, that said I left a voicemail asking you to cancel the transaction because you were unable to be reached like so many times before. Roughly a week went by with no response from you or any cancellation letter being sent. During that time Leslie provided all the documentation needed to show good faith to the transaction. This marked the point of no return for my partner and I because you failed to cancel the contract in time, essentially blocking us from being able to pursue her for all of the related fees and the $2,000 I put forth for the tank. Which ultimately forced us to continue with the contract because once again, it would cost us more to walk away than to continue. 7. On May 7th I received an email from you stating the following: “Call me. Seller’s attorney is not buying it. In his opinion you had a mortgage commitment and we were just waiting on your reserve training to end or we would have closed by now. Also he does not believe the denial to be legit and takes the position that mortgage contingency provision of the contract was previously satisfied.. Looks like we are going to end up in litigation if we do not proceed to close. Your call let me know.” Which essentially urged me to continue on with the transaction despite our previous discussion on the phone detailing that if I provided a letter stating that I was no longer eligible for funding I would be able to void the contract and get my $5,000 deposit back. Left with the choice of losing the deposit I decided to proceed forward with the transaction. Only to receive a text message from the seller of the home, Leslie, which I have documented on May 9th 2014 as saying “Hi my lawyer has been trying for two weeks to reach your lawyer he asked me to have you have him reach out to him…” This prompted me to request her lawyer’s number from her so that I could confirm that the conversation took place that you described above. I proceeded to record the end of the call with Andrew who denied having any knowledge of the conversation you claimed to have had with him. I too recorded our conversation when I confronted you about it and you explained early on in the conversation that you had spoken to Andrew over the phone but later in the conversation alluded to a conversation via an email that was no longer able to be located. Obviously this is a matter of grave concern for myself because as you know my wishes were to terminate the contract and salvage whatever remaining money I could from the transaction. However, looking back it is clear that you were not representing me during the transaction but ensuring that the real estate agent that recommended you got paid. Which is likely why you came up with that litigation statement, to scare me into completing the transaction. Although once the seller found out the cancellation was accepted.
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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.

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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:

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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.

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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:

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  • 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.

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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.
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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.
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    Ask how frequently you should revisit your estate plan, especially if your financial situation or family dynamics change.
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    Some lawyers provide periodic reviews or updates to ensure your estate plan stays current with changes in your circumstances or the law.
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    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.
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  • 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.
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  • 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.
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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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