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26 Jan, 2017 by Vicky
Was very helpful with my elderly parents getting all needed documents in order. When my father passed again helped ease the burden of all the legal aspects and requirements to help my mother in directions she needed to follow. Didn't talk down and explained every detail so we all could understand the reasons why. I being the daughhter that was in these meetings highly recommend Mr Minetree for your elderly loved ones. Highly recommend his services.
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10 May, 2016 by John
We hired Tom Minetree to handle a Medicaid benefits application for a family member. Despite the intertwined finances of the applicant and his wife, Tom's office ably prepared the application and determined precisely when it should be submitted. The state Medicaid agency challenged a property transfer that had occurred prior to the submission of the application. We would up litigating the issue before an administrative law judge who, thanks to Tom's capable representation, determined that we had, in fact, complied with the strict requirements of the law. Furthermore, the state Medicaid agency affirmed the decision and confirmed benefits as of the date of the application.
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12 May, 2015 by Patricia
Being single with no children, I decided it was time to get my affairs in order and sought the advice of Tom Minetree who specializes in elder law and estate planning. During my estate planning it became very evident that Tom knows his speciality and provided some very helpful legal insight into my affairs. After my first consultation, I thought my mother should look at her estate planning. My brother and I first met with Tom and came away again with the feeling Tom really knows what he is talking about. During the establishment of our mother's estate and that of mine, I can truly say it was a pleasant experience, unlike others I have had, to deal with Tom and his staff. Tom sees the big picture and looks down the road to the future. I called several times and asked numerous questions and not one time was I talked down to nor felt my questions were unwarranted. I trust Tom to tell me like it is and to have my and my family's best interest in mind. If you need legal advice in elder law and estate planning, I highly recommend that you give Tom a call. Patricia
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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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