When someone you love passes away without a will, the legal complications can be overwhelming. Finding attorneys that do wills isn't just about preparing for the inevitable—it's about protecting your family from unnecessary stress and ensuring your wishes are honored. Whether you're creating your first will or updating an existing one, the right attorney can make the difference between a smooth process and a legal nightmare.
Estate planning attorneys specialize in wills, trusts, and related legal documents that protect your assets and loved ones. These legal professionals understand the intricacies of state laws, tax implications, and family dynamics that can affect how your estate is distributed. The process of finding the right attorney involves more than just searching online—you need someone who understands your specific situation and can guide you through complex decisions about guardianship, asset distribution, and tax planning.
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This guide walks you through everything you need to know about finding and working with attorneys that do wills. You'll learn how to identify qualified estate planning lawyers, what questions to ask during consultations, and how to ensure your will meets all legal requirements. We'll also cover the costs involved, red flags to avoid, and how to maintain your relationship with your attorney over time.
Understanding Estate Planning Attorneys
Types of Estate Planning Services
Estate planning attorneys typically offer a range of services beyond basic will preparation. These include trust creation and administration, business succession planning, tax planning strategies, and elder law services. Many attorneys also help with probate proceedings, which is the legal process of settling an estate after someone dies.
Trust services are particularly important because trusts can help avoid probate, reduce tax liability, and provide ongoing management of assets for beneficiaries who may not be ready to handle large inheritances. Business owners often need succession planning to ensure their companies continue operating smoothly after their death or retirement.
Credentials and Specializations
When looking for attorneys that do wills, you'll encounter various credentials and specializations. Board certification in estate planning and probate law indicates an attorney has met specific experience and education requirements. Some attorneys also hold advanced degrees in taxation (LL.M. in Taxation) or are Certified Financial Planners (CFP).
Professional memberships in organizations like the National Academy of Elder Law Attorneys (NAELA) or the American College of Trust and Estate Counsel (ACTEC) suggest an attorney stays current with industry developments and maintains high professional standards.
How Estate Planning Attorneys Work
The process of working with an estate planning attorney typically follows a structured approach designed to understand your unique situation and create documents that reflect your wishes while complying with applicable laws.
Initial Consultation Process
Most estate planning attorneys offer initial consultations where they assess your needs and explain their services. During this meeting, the attorney will ask about your family situation, assets, and goals for your estate plan. This conversation helps determine what documents you need and identifies any complex issues that require special attention.
The consultation is also your opportunity to evaluate the attorney. Pay attention to how well they explain legal concepts, whether they ask thoughtful questions about your situation, and how comfortable you feel discussing personal financial matters with them.
Pro Tip: Come to your consultation prepared with a list of your assets, including real estate, investment accounts, life insurance policies, and business interests. This helps the attorney provide more accurate advice and fee estimates.
Document Preparation and Review
After the initial consultation, the attorney will draft your estate planning documents based on your discussions. This typically includes your will, but may also include trusts, powers of attorney, and healthcare directives. The drafting process involves careful attention to legal language that ensures your wishes are clearly expressed and legally enforceable.
Review sessions are crucial because they allow you to understand exactly what each document does and make any necessary changes. Estate planning attorneys often schedule multiple review meetings to ensure you're completely comfortable with all provisions before signing.
Ongoing Relationship Management
Estate planning isn't a one-time event. Life changes—marriages, divorces, births, deaths, and significant changes in financial circumstances—may require updates to your estate plan. Many attorneys that do wills offer ongoing services to keep your documents current and effective.
Regular reviews, typically every three to five years, help ensure your estate plan continues to meet your needs and complies with any changes in the law. Some attorneys offer annual check-ins or send reminders when it might be time to review your documents.
Key Qualities to Look for in Will Attorneys
Choosing the right attorney for your will and estate planning needs requires careful consideration of several important factors. The attorney you select will be responsible for translating your wishes into legally binding documents, so their qualifications and approach matter significantly.
Experience and Specialization
Look for attorneys who spend a significant portion of their practice on estate planning and wills. While many general practice attorneys can prepare basic wills, estate planning specialists understand the nuances that can make the difference between an effective estate plan and one that creates problems for your family.
Experience with situations similar to yours is particularly valuable. If you own a business, have a blended family, or have significant assets, seek an attorney who regularly handles these complexities. Ask about the percentage of their practice devoted to estate planning and how many wills they prepare annually.
Communication Style and Accessibility
Estate planning involves discussing personal and sometimes sensitive topics. Your attorney should be someone you feel comfortable talking to about family dynamics, financial concerns, and end-of-life wishes. They should explain legal concepts in terms you understand and be patient with your questions.
Consider how the attorney and their staff handle communications. Do they return calls promptly? Are they available for questions after your documents are completed? Some attorneys provide direct phone or email access, while others require appointments for all communications.
Key Takeaway: The best estate planning attorney for you is one who combines technical expertise with a communication style that makes you feel heard and understood throughout the process.
Fee Structure and Transparency
Estate planning attorneys typically charge either flat fees for standard services or hourly rates for more complex work. Flat fee arrangements are common for basic wills and estate planning packages, while complex situations involving business planning or tax strategies often require hourly billing.
Ask for detailed fee estimates upfront and understand what's included in quoted prices. Some attorneys include document revisions and follow-up meetings in their fees, while others charge separately for these services. Be wary of attorneys who are vague about their fees or who seem to add charges unexpectedly.
Professional Reputation and References
Research potential attorneys through state bar associations, which often provide information about disciplinary actions and professional standing. Online reviews can provide insights, but focus on comments about the attorney's professionalism, expertise, and client service rather than just overall ratings.
Don't hesitate to ask for references from past clients, particularly those with situations similar to yours. Professional references from other attorneys, accountants, or financial advisors can also provide valuable insights into an attorney's reputation and competence.
Finding Estate Planning Attorneys in Your Area
Locating qualified attorneys that do wills requires a strategic approach that goes beyond simple internet searches. The right attorney for your needs may not be the first one that appears in search results, so it's important to use multiple resources and evaluation criteria.
Online Resources and Directories
Start your search with reputable legal directories like Martindale-Hubbell, Avvo, or FindLaw. These platforms provide attorney profiles, practice areas, and client reviews. The American Bar Association's website also offers a lawyer referral service that can help you find attorneys in your area who specialize in estate planning.
State and local bar associations often maintain referral services specifically for estate planning attorneys. These services typically pre-screen attorneys for good standing and relevant experience, providing an additional layer of quality assurance.
Expert Tip: Use multiple search methods to create a comprehensive list of potential attorneys, then narrow down your choices based on specific qualifications and your comfort level with each attorney's approach.
Professional Referrals and Networking
Financial advisors, accountants, and insurance agents often work closely with estate planning attorneys and can provide valuable referrals. These professionals see the results of different attorneys' work and can recommend lawyers who are thorough, responsive, and effective.
Personal referrals from friends, family members, or colleagues who have had positive experiences with estate planning attorneys can also be valuable. However, remember that what works for someone else may not be the best fit for your specific situation and needs.
Geographic Considerations
While technology makes it possible to work with attorneys located anywhere, estate planning law varies by state, so you'll typically want an attorney licensed in your state of residence. Local attorneys also understand regional practices and have relationships with local courts and institutions.
If you own property in multiple states or have complex interstate issues, you may need an attorney with multi-state experience or may need to work with attorneys in different jurisdictions. In these cases, coordination between attorneys becomes important.
Evaluating Attorney Websites and Marketing
Attorney websites can provide valuable information about their experience, approach, and areas of focus. Look for attorneys who provide educational content about estate planning, which suggests they're committed to helping clients understand the process.
Be cautious of attorneys who make unrealistic promises or who focus heavily on marketing rather than substance. The best estate planning attorneys often rely more on referrals and reputation than on flashy advertising.
Questions to Ask Potential Attorneys
Selecting the right attorney requires asking specific questions that help you understand their qualifications, approach, and whether they're a good fit for your needs. Prepare these questions in advance of your consultations to make the most of your time with each attorney.
Experience and Qualifications
Ask about the attorney's experience specifically with estate planning and wills. How long have they been practicing in this area? What percentage of their practice is devoted to estate planning? Do they have any special certifications or advanced training in estate planning or tax law?
Inquire about their experience with situations similar to yours. If you have a blended family, own a business, or have significant assets, ask about their experience handling these complexities. Request information about their continuing education and professional memberships.
Process and Timeline
Understand the attorney's typical process for creating wills and estate plans. How many meetings are usually required? What information will you need to provide? How long does the process typically take from start to finish?
Ask about their document review process and how many rounds of revisions are typically included in their fees. Understanding the timeline helps you plan appropriately and sets realistic expectations for completing your estate plan.
Pro Tip: Ask about the attorney's process for keeping your documents secure and accessible. Some attorneys provide fireproof storage, while others rely on clients to maintain their own copies in safe locations.
Fees and Billing Practices
Get detailed information about the attorney's fee structure. Do they charge flat fees for standard services or bill by the hour? What services are included in quoted fees, and what might result in additional charges?
Ask about payment terms and whether they require retainers for their services. Understanding the total cost upfront helps you budget appropriately and avoid surprises during the process.
Ongoing Services and Support
Find out what services the attorney provides after your documents are completed. Do they offer periodic reviews? How do they handle questions that arise after your estate plan is finished? What are their fees for updates and revisions?
Ask about their process for staying in touch with clients and reminding them when reviews might be appropriate. Some attorneys send annual reminders, while others rely on clients to initiate contact when changes are needed.
Understanding Costs and Fee Structures
The cost of having a will prepared by an attorney varies significantly based on your location, the complexity of your estate, and the attorney's experience and fee structure. Understanding typical costs and fee arrangements helps you budget appropriately and compare different attorneys effectively.
Typical Fee Ranges for Will Preparation
Simple wills for individuals with straightforward estates typically cost between $300 and $1,000. These basic wills usually cover asset distribution, guardian designation for minor children, and executor appointment. More complex wills that include trust provisions, tax planning strategies, or business succession elements can cost $1,500 to $5,000 or more.
Comprehensive estate planning packages that include wills, powers of attorney, healthcare directives, and trust documents typically range from $1,500 to $5,000 for most families. High-net-worth individuals or those with complex business interests may pay $5,000 to $15,000 or more for comprehensive planning.
Flat Fee vs. Hourly Billing
Many attorneys that do wills offer flat fee arrangements for standard services. Flat fees provide cost predictability and often include a specified number of revisions and meetings. This billing method works well for straightforward situations and gives you a clear understanding of total costs upfront.
Hourly billing is more common for complex estates or situations that require extensive customization. Hourly rates for estate planning attorneys typically range from $200 to $600 per hour, depending on the attorney's experience and geographic location. Complex estates may require 10 to 30 hours of attorney time or more.
Key Insight: While flat fee arrangements provide cost certainty, make sure you understand what's included and what might result in additional charges. Some attorneys include unlimited revisions, while others charge for changes beyond a specified number.
Additional Costs and Considerations
Beyond the attorney's fees, there may be additional costs associated with your estate plan. These might include notarization fees, recording fees for certain documents, and costs for obtaining copies of financial records or property deeds.
If your estate plan includes trusts, there may be ongoing administrative costs. Some attorneys charge annual fees for trust administration services, while others bill hourly for ongoing trust management activities.
Value Considerations
When evaluating attorney fees, consider the value provided rather than just the cost. An experienced estate planning attorney may charge more than a general practice lawyer, but their specialized knowledge can help avoid costly mistakes and ensure your estate plan achieves your goals effectively.
Consider the potential costs of not having a proper estate plan or having one that doesn't work as intended. Probate proceedings, family disputes, and tax inefficiencies can cost far more than the initial investment in professional estate planning services.
Red Flags to Avoid When Selecting Attorneys
Not all attorneys that do wills provide the same level of service or expertise. Being aware of potential warning signs helps you avoid attorneys who might not serve your interests well or who might create problems rather than solving them.
Unrealistic Promises or Guarantees
Be wary of attorneys who promise to eliminate all taxes or guarantee specific outcomes that seem too good to be true. Estate planning involves complex laws and regulations that change over time, making absolute guarantees unrealistic and potentially misleading.
Attorneys who claim they can completely avoid probate in all situations or promise tax savings that seem excessive may be overselling their services. Legitimate estate planning attorneys discuss potential benefits and strategies while acknowledging limitations and uncertainties.
Pressure Tactics and Urgency
Avoid attorneys who use high-pressure sales tactics or create artificial urgency to push you into making quick decisions. Estate planning is an important decision that deserves careful consideration and shouldn't be rushed unless there are genuine health or timing concerns.
Attorneys who pressure you to sign documents immediately or who discourage you from seeking second opinions may not have your best interests in mind. Reputable attorneys encourage clients to take time to understand their estate plans and ask questions before signing.
Warning: Be particularly cautious of attorneys who contact you unsolicited or who use scare tactics about changes in estate planning laws to pressure you into immediate action.
Lack of Specialization or Experience
General practice attorneys who only occasionally prepare wills may not have the specialized knowledge needed for effective estate planning. While they may be competent lawyers, estate planning requires specific expertise that comes from regular practice in this area.
Ask about the attorney's experience with situations similar to yours and be cautious if they seem unfamiliar with common estate planning strategies or if they can't explain how their recommendations address your specific concerns.
Poor Communication and Accessibility
Attorneys who are difficult to reach, who don't return calls promptly, or who seem rushed during consultations may not provide the level of service you need. Estate planning often involves ongoing questions and concerns that require responsive communication.
Be concerned if the attorney's staff seems unprofessional or if the office appears disorganized. These factors can indicate broader problems with the attorney's practice management and attention to detail.
Unusual Fee Structures or Payment Terms
Be cautious of attorneys who require large upfront payments for simple services or who have unusual fee structures that are difficult to understand. While retainers are common for complex work, simple will preparation typically doesn't require large advance payments.
Attorneys who are vague about their fees or who seem to add charges unexpectedly may not be transparent about their billing practices. Clear, upfront fee discussions are a sign of professional practice management.
Working Effectively with Your Estate Planning Attorney
Once you've selected an attorney, building a productive working relationship ensures your estate planning process goes smoothly and results in documents that truly reflect your wishes and protect your interests.
Preparing for Your First Meeting
Gather important financial and personal information before your initial meeting. This includes lists of assets and liabilities, information about beneficiaries, and any existing estate planning documents. Having this information organized helps your attorney understand your situation quickly and provide more accurate advice.
Think about your goals and concerns before the meeting. What do you want to accomplish with your estate plan? Are there specific family dynamics or financial situations that concern you? Having clear objectives helps your attorney recommend appropriate strategies.
Providing Complete and Accurate Information
Be thorough and honest when providing information to your attorney. Incomplete or inaccurate information can lead to estate planning strategies that don't work as intended or that create unintended consequences for your beneficiaries.
Don't hesitate to share concerns about family relationships, financial challenges, or personal preferences that might affect your estate plan. Your attorney needs this information to create documents that work effectively in your specific situation.
Pro Tip: Keep your attorney informed about significant life changes like marriages, divorces, births, deaths, or major changes in your financial situation. These events may require updates to your estate plan.
Understanding Your Documents
Take time to understand what each document in your estate plan does and how it works. Ask questions about anything that's unclear and request explanations in terms you can understand. You should be completely comfortable with your estate plan before signing any documents.
Review all documents carefully before signing and make sure they accurately reflect your wishes. Don't sign documents you don't understand or that contain provisions you didn't discuss with your attorney.
Maintaining Your Estate Plan
Estate planning isn't a one-time event. Laws change, family situations evolve, and financial circumstances shift over time. Work with your attorney to establish a schedule for reviewing and updating your estate plan as needed.
Keep your attorney informed about changes that might affect your estate plan and don't hesitate to ask questions when you're unsure about something. A good attorney-client relationship involves ongoing communication and support.
Common Questions About Estate Planning Attorneys
How do I know if I need an attorney to prepare my will?
While simple online will preparation tools exist, most people benefit from working with an attorney, especially if they have significant assets, complex family situations, or specific concerns about their estate plan. Attorneys provide personalized advice, ensure compliance with state laws, and can address complex issues that generic forms can't handle.
Consider working with an attorney if you own real estate, have minor children, own a business, have a blended family, or have concerns about potential family disputes. The cost of professional legal assistance is often minimal compared to the potential problems that can arise from inadequate estate planning.
What's the difference between estate planning attorneys and general practice lawyers?
Estate planning attorneys specialize specifically in wills, trusts, and related legal instruments. They stay current with changes in estate planning laws, understand tax implications, and have experience with the complex family and financial dynamics that affect estate planning decisions.
General practice attorneys may be competent to handle simple wills, but they may not have the specialized knowledge needed for complex estate planning strategies or unusual situations. For anything beyond a basic will, an estate planning specialist is usually the better choice.
How often should I update my will and estate plan?
Most experts recommend reviewing your estate plan every three to five years, or whenever you experience significant life changes. Major life events that should trigger a review include marriage, divorce, birth of children or grandchildren, death of beneficiaries, significant changes in assets, or changes in state of residence.
Changes in tax laws or estate planning regulations may also necessitate updates to your documents. Many attorneys offer periodic review services to help ensure your estate plan remains current and effective.
Can I work with an attorney in a different state?
Generally, you should work with an attorney licensed in your state of residence because estate planning laws vary by state. However, if you own property in multiple states or have other multi-state issues, you may need an attorney with experience in multiple jurisdictions or may need to work with attorneys in different states.
Some attorneys are licensed in multiple states or have working relationships with attorneys in other jurisdictions to handle multi-state estate planning issues effectively.
What happens if my attorney retires or is no longer available?
Ask your attorney about their succession plans and how they handle client files if they retire or become unavailable. Many law firms have arrangements for other attorneys to take over client relationships, while solo practitioners may have referral arrangements with other estate planning attorneys.
Keep copies of all your estate planning documents in a secure location and make sure your family knows where to find them. Consider working with a firm rather than a solo practitioner if continuity of service is a significant concern for you.
Conclusion
Finding the right attorney to prepare your will is one of the most important decisions you can make for your family's future. The process requires careful research, thoughtful questions, and clear communication about your goals and concerns. Remember that the cheapest option isn't always the best value, and the most expensive attorney isn't necessarily the right fit for your specific needs.
Take time to interview multiple attorneys, ask detailed questions about their experience and approach, and choose someone you feel comfortable working with on these important personal matters. A good estate planning attorney becomes a long-term partner in protecting your family's interests and ensuring your wishes are carried out effectively.
Ready to start your estate planning journey? Will & Trust provides resources and tools to help you understand your options and connect with qualified estate planning professionals in your area. Whether you need a simple will or comprehensive estate planning services, taking action today protects your family's tomorrow.