Finding attorneys that do wills doesn't have to be overwhelming. You need someone who understands estate planning, communicates clearly, and fits your budget. Whether you're creating your first will or updating an existing one, the right attorney makes all the difference between a smooth process and costly complications down the road.
Estate planning attorneys specialize in helping individuals and families protect their assets and ensure their wishes are carried out after death. These legal professionals handle everything from simple wills to complex trust structures, making them essential partners in securing your family's financial future.
In this guide, you'll learn how to identify qualified attorneys that do wills, what questions to ask during consultations, and how to evaluate their expertise for your specific needs. We'll also cover red flags to avoid and practical steps to ensure you're working with the right legal professional for your situation.
Understanding Estate Planning Attorneys
Estate planning attorneys are legal professionals who focus specifically on helping clients prepare for the transfer of assets upon death or incapacitation. Unlike general practice lawyers who handle various legal matters, these specialists dedicate their practice to wills, trusts, probate, and related estate planning tools.
What Makes an Estate Planning Attorney Different
Estate planning attorneys undergo specialized training beyond law school to understand the complexities of tax law, property transfer, and family dynamics. They stay current with changing federal and state regulations that affect how assets pass from one generation to the next.
These attorneys typically handle several key areas:
- Will Drafting and Updates: Creating legally binding documents that specify how your assets should be distributed
- Trust Creation and Administration: Establishing trusts to protect assets and minimize taxes
- Probate Assistance: Guiding families through the court process after someone dies
- Power of Attorney Documents: Preparing documents that allow others to make decisions on your behalf
- Estate Tax Planning: Developing strategies to minimize tax burdens on your heirs
Why It Matters: A specialized estate planning attorney understands nuances that general practitioners might miss, potentially saving your family thousands in taxes and legal fees.
The Role of Attorneys That Do Wills
Attorneys that do wills serve as both legal advisors and family counselors. They help translate your wishes into legally enforceable documents while considering family dynamics and potential conflicts that could arise after your death.
During the will creation process, these attorneys:
- Assess Your Assets: Review your property, investments, and personal belongings to ensure nothing important gets overlooked
- Understand Your Family Structure: Consider relationships, dependencies, and potential disputes that could affect your estate plan
- Draft Legal Documents: Create wills that comply with state laws and clearly express your intentions
- Plan for Contingencies: Address what happens if beneficiaries predecease you or circumstances change
- Coordinate with Other Professionals: Work with financial advisors and tax professionals to create comprehensive plans
Specialization Areas Within Estate Planning
Not all attorneys that do wills offer the same services. Some focus on specific areas based on client needs and complexity:
Simple estate planning attorneys handle straightforward situations with modest assets and uncomplicated family structures. They're ideal for young families or individuals with basic estate planning needs.
Complex estate planning attorneys work with high-net-worth individuals who need sophisticated tax strategies, business succession planning, and multi-generational wealth transfer techniques.
Elder law attorneys combine estate planning with issues specific to aging, including long-term care planning, Medicaid qualification, and guardianship matters.
Key Takeaway: The right type of attorney depends on your specific situation, asset level, and family complexity. A simple will might need only basic legal services, while complex estates require specialized expertise.
How the Attorney Selection Process Works
Finding the right attorney that does wills involves a systematic approach to research, evaluation, and selection. The process typically takes several weeks and includes multiple steps to ensure you're making an informed decision.
Initial Research and Referral Sources
Start your search by gathering recommendations from trusted sources who have worked with estate planning attorneys. Your financial advisor, accountant, or insurance agent often maintains relationships with qualified attorneys and can provide valuable referrals based on your specific needs.
Professional organizations offer another reliable source for finding qualified attorneys that do wills:
- State Bar Associations: Most maintain online directories with specialization filters
- National Academy of Elder Law Attorneys (NAELA): Focuses on attorneys serving older adults
- American College of Trust and Estate Counsel (ACTEC): Represents experienced estate planning professionals
Online legal directories like Martindale-Hubbell and Avvo provide attorney profiles, client reviews, and peer ratings that help narrow your search. However, remember that online reviews should supplement, not replace, personal referrals and direct consultations.
The Consultation Process
Most attorneys that do wills offer initial consultations, either free or for a modest fee. These meetings serve dual purposes: they allow you to evaluate the attorney's expertise and communication style, while giving the attorney enough information to understand your needs and provide preliminary guidance.
Prepare for consultations by gathering relevant documents:
- Asset Information: List of bank accounts, investments, real estate, and valuable personal property
- Family Details: Names, ages, and relationships of potential beneficiaries
- Existing Documents: Current wills, trusts, or powers of attorney
- Special Circumstances: Business interests, blended families, or disabled beneficiaries
During consultations, pay attention to how attorneys explain complex concepts. The best attorneys that do wills translate legal jargon into understandable terms and help you see the practical implications of different planning strategies.
Evaluating Attorney Credentials and Experience
Research each attorney's background thoroughly before making your decision. State bar websites provide information about licensing, disciplinary actions, and areas of practice. Look for attorneys who dedicate a significant portion of their practice to estate planning rather than those who handle it occasionally.
Consider these credential indicators:
- Board Certification: Some states offer board certification in estate planning, indicating advanced expertise
- Professional Memberships: Active participation in estate planning organizations suggests ongoing education
- Speaking and Writing: Attorneys who teach or write about estate planning demonstrate thought leadership
- Years of Practice: While experience matters, newer attorneys with estate planning focus may be more current on law changes
Pro Tip: Ask attorneys about their continuing education in estate planning. Laws change frequently, and the best practitioners invest in staying current with new regulations and strategies.
Understanding Fee Structures
Attorneys that do wills typically use several different fee arrangements, and understanding these upfront prevents surprises later. Most estate planning work is billed on a flat-fee basis for standard services, though complex situations may require hourly billing.
Common fee structures include:
Flat fee arrangements work well for straightforward wills and basic estate planning documents. The attorney quotes a total price upfront, covering all drafting, review, and execution services. This approach provides cost certainty and encourages thorough work since the attorney's compensation doesn't depend on hours spent.
Hourly billing applies to complex situations requiring extensive research, negotiation, or ongoing advice. Rates vary significantly based on location, attorney experience, and complexity of services. Urban areas and highly experienced attorneys typically charge higher hourly rates.
Package pricing combines multiple estate planning documents (will, power of attorney, healthcare directive) into a single fee. This approach often provides better value than purchasing documents individually.
Key Components of Will-Related Legal Services
Attorneys that do wills provide comprehensive services beyond simple document drafting. Understanding the full scope of available services helps you select an attorney who can handle your complete estate planning needs, both now and as your situation evolves.
Will Drafting and Customization
The foundation of any estate plan starts with a properly drafted will that reflects your specific wishes and circumstances. Attorneys that do wills begin by conducting thorough interviews to understand your assets, family structure, and personal preferences for asset distribution.
Professional will drafting involves several critical components:
Asset Inventory and Classification ensures nothing gets overlooked in your estate plan. Attorneys help identify all assets, including those you might not initially consider, such as digital assets, intellectual property, or business interests. They also classify assets as probate or non-probate property, which affects how they transfer after death.
Beneficiary Designation and Contingency Planning addresses who receives your assets and what happens if primary beneficiaries can't inherit. Skilled attorneys that do wills explore various scenarios, such as beneficiaries predeceasing you or becoming incapacitated, and build appropriate contingencies into your will.
Guardian Nominations for Minor Children represent one of the most important decisions parents make in their wills. Attorneys help evaluate potential guardians, consider geographic and lifestyle factors, and structure guardian nominations to provide for children's physical care and financial management.
Trust Integration and Advanced Planning
Many attorneys that do wills recommend incorporating trusts into estate plans to provide additional flexibility, tax benefits, and asset protection. Trust planning requires specialized knowledge of tax law and long-term wealth management strategies.
Common trust structures include:
- Revocable Living Trusts: Allow you to maintain control during your lifetime while avoiding probate
- Irrevocable Life Insurance Trusts: Remove life insurance proceeds from your taxable estate
- Special Needs Trusts: Provide for disabled beneficiaries without affecting government benefits
- Charitable Trusts: Support favorite causes while providing tax advantages
Expert Tip: The best attorneys that do wills explain trust benefits in practical terms, showing exactly how trusts solve specific problems in your situation rather than using generic recommendations.
Power of Attorney and Healthcare Directives
Comprehensive estate planning extends beyond what happens after death to include planning for potential incapacity during your lifetime. Attorneys that do wills typically prepare several types of advance directives alongside your will.
Comparison of Essential Estate Planning Documents
| Document Type | When It's Active | Scope of Powers | Common Use Case |
|---|---|---|---|
| Financial Power of Attorney | During incapacity | Banking, investments, property | Managing finances if hospitalized |
| Healthcare Power of Attorney | During medical incapacity | Medical decisions only | Making treatment decisions |
| Living Will | Terminal illness/permanent incapacity | End-of-life care preferences | Directing life support decisions |
| HIPAA Authorization | Immediately upon signing | Access to medical information | Allowing family to discuss care |
Durable Power of Attorney documents allow trusted individuals to handle your financial affairs if you become unable to manage them yourself. These documents require careful consideration of who you trust with broad financial powers and what limitations you want to place on their authority.
Healthcare directives include both healthcare powers of attorney (naming someone to make medical decisions) and living wills (stating your preferences for end-of-life care). These documents spare families from making difficult decisions during emotional times.
Why It Matters: The Durable POA is your financial and legal safety net. It ensures someone you trust can step in seamlessly to manage bills, investments, and other critical affairs if an illness or accident leaves you unable to.
Benefits and Use Cases for Professional Legal Help
Working with qualified attorneys that do wills provides numerous advantages over do-it-yourself approaches or using non-specialized legal help. Professional estate planning attorneys bring expertise, experience, and ongoing support that protect your family's interests and ensure your wishes are properly implemented.
Avoiding Common Legal Pitfalls
Estate planning involves complex interactions between state and federal laws, tax regulations, and family dynamics. Attorneys that do wills understand these complexities and structure documents to avoid problems that could invalidate your will or create unintended consequences.
Common mistakes that professional attorneys prevent include:
Improper execution requirements vary by state and can invalidate otherwise well-intentioned wills. Some states require two witnesses, others require notarization, and some have specific rules about who can serve as witnesses. Attorneys ensure your will meets all legal requirements for validity.
Ambiguous language in wills creates disputes among beneficiaries and may require expensive court interpretation. Professional attorneys use precise legal language that clearly expresses your intentions while avoiding terms that could be misinterpreted.
Tax planning oversights can cost your heirs significant money in estate taxes, income taxes, or lost opportunities for tax-advantaged transfers. Attorneys that do wills stay current with tax law changes and structure estates to minimize tax burdens.
Asset titling problems occur when will provisions conflict with how assets are actually owned or titled. For example, jointly owned property typically passes to the surviving owner regardless of will provisions, potentially undermining your intended distribution plan.
Handling Complex Family Situations
Modern families often involve complexities that require careful legal planning to avoid conflicts and ensure fair treatment of all family members. Attorneys that do wills regularly handle these challenging situations and know how to structure plans that work for complicated family dynamics.
Blended families present unique challenges in estate planning, particularly when trying to provide for current spouses while preserving inheritances for children from previous relationships. Skilled attorneys use trust structures and careful asset planning to balance competing interests.
Special needs planning requires intricate knowledge of government benefit programs and how inheritances might affect eligibility. Attorneys that do wills can establish special needs trusts that provide for disabled family members without jeopardizing their access to Medicaid, SSI, or other assistance programs.
Business succession issues arise when family businesses need to continue operating after an owner's death. Estate planning attorneys coordinate with business lawyers and tax professionals to develop succession plans that provide for family members while ensuring business continuity.
Long-Term Relationship Benefits
The best attorneys that do wills view client relationships as long-term partnerships rather than one-time transactions. This ongoing relationship provides several important benefits as your life circumstances change.
Document Updates and Maintenance become necessary as laws change, family situations evolve, and asset values fluctuate. Attorneys who know your situation can quickly identify when updates are needed and implement changes efficiently.
Life event guidance helps you understand how major life changes affect your estate plan. Marriage, divorce, births, deaths, and significant asset changes all may require plan modifications. Having an established relationship with an attorney makes these updates smoother and more comprehensive.
Family support during implementation provides invaluable assistance when your estate plan needs to be executed. Attorneys who drafted your documents understand your intentions and can guide your family through probate or trust administration processes.
Key Insight: The relationship with your estate planning attorney doesn't end when documents are signed. The best attorneys provide ongoing support and proactive suggestions to keep your plan current and effective.
Common Misconceptions About Estate Planning Attorneys
Many people hold inaccurate beliefs about attorneys that do wills, which can prevent them from seeking appropriate legal help or lead to poor decisions in attorney selection. Understanding these misconceptions helps you make informed choices about your estate planning needs.
"Only Wealthy People Need Estate Planning Attorneys"
This widespread misconception prevents many middle-class families from getting proper legal help with their wills and estate planning. In reality, attorneys that do wills serve clients across all economic levels, and professional legal help often provides more value for modest estates than for wealthy ones.
Middle-Class Families actually benefit significantly from professional estate planning because they typically can't afford to lose assets to unnecessary taxes, legal fees, or family disputes. A modest estate that gets tied up in probate court can quickly lose substantial value to legal costs and administrative fees.
Young families with minor children have critical estate planning needs regardless of asset levels. Naming guardians for children, ensuring life insurance proceeds are properly managed, and avoiding probate delays require professional legal knowledge that protects children's interests.
Small business owners need sophisticated planning even with moderate asset levels because business interests create complex legal and tax issues. Attorneys that do wills understand how business ownership affects estate planning and can structure plans that address these complications.
"All Attorneys Can Handle Simple Wills"
While technically true that any licensed attorney can draft a will, this misconception leads people to work with attorneys who lack estate planning expertise. General practice attorneys or those focused on other areas may miss important planning opportunities or create documents that don't work effectively.
Estate planning specialization matters because this area of law involves constant changes in tax regulations, state law variations, and evolving family structures. Attorneys that do wills as their primary focus stay current with these changes and understand their practical implications.
Document integration requires understanding how wills interact with other estate planning tools, beneficiary designations, and asset titling. Specialized attorneys see the complete picture and ensure all components of your estate plan work together effectively.
State law variations create significant differences in how wills must be executed, what provisions are enforceable, and how probate proceedings work. Attorneys that do wills in your state understand these local requirements and draft documents accordingly.
Pro Tip: Ask potential attorneys what percentage of their practice focuses on estate planning. Look for attorneys who dedicate at least 50% of their time to wills, trusts, and related planning.
"Online Will Services Are Just as Good"
The rise of online legal services has created confusion about when professional legal help is necessary versus when self-service options might be adequate. While online will services work for very simple situations, they cannot replace professional legal advice for most families.
Customization limitations in online services mean they work only for straightforward situations with uncomplicated family structures and modest assets. Most families have at least some complexity that requires professional analysis and customized solutions.
Legal compliance issues arise because online services cannot account for all state law variations or ensure documents meet local execution requirements. Attorneys that do wills in your jurisdiction understand these requirements and ensure compliance.
Ongoing support gaps become apparent when questions arise during will execution or when circumstances change requiring document updates. Online services provide documents but not the ongoing relationship and support that professional attorneys offer.
"Estate Planning Is a One-Time Event"
Many people view will creation as a single task to be completed and forgotten, rather than as an ongoing process that requires periodic review and updates. This misconception can render even well-drafted wills ineffective over time.
Life changes such as marriage, divorce, births, deaths, and significant asset changes all affect estate plans and may require document updates. Attorneys that do wills help clients understand when changes are needed and implement updates efficiently.
Law changes occur regularly in tax codes, state probate laws, and federal regulations affecting estate planning. Professional attorneys monitor these changes and proactively contact clients when updates might be beneficial.
Asset evolution over time can make original estate plans less effective or create new planning opportunities. Regular reviews with attorneys that do wills ensure your plan continues to meet your goals as your situation evolves.
Best Practices for Working with Will Attorneys
Maximizing the value of your relationship with attorneys that do wills requires preparation, clear communication, and ongoing engagement. Following these best practices ensures you receive comprehensive legal services that effectively address your estate planning needs.
Preparing for Attorney Meetings
Thorough preparation before meeting with attorneys that do wills makes consultations more productive and helps attorneys provide more accurate advice and cost estimates. Organized clients typically receive better service and more comprehensive planning recommendations.
Document gathering should begin several weeks before your first consultation. Collect recent statements for all bank accounts, investment accounts, retirement plans, and insurance policies. Include deeds for real estate, business agreements for any ownership interests, and copies of existing wills or trusts.
Family information compilation helps attorneys understand your beneficiary situation and potential planning complexities. Prepare a list including full names, birth dates, addresses, and relationships for all potential beneficiaries, including children, grandchildren, parents, siblings, and other important family members.
Goal clarification involves thinking through your primary objectives for estate planning beyond simple asset distribution. Consider questions like: How do you want to provide for minor children? Are there family members with special needs? Do you have charitable interests? Are there family conflicts that need addressing?
Financial organization includes creating a comprehensive asset inventory with approximate values, ownership structures, and beneficiary designations. Don't forget about digital assets, intellectual property, or collectibles that might have significant value.
Communicating Effectively with Your Attorney
Maintaining Your Estate Planning Relationship
The most effective estate planning relationships continue long after initial documents are signed. Regular communication and periodic reviews ensure your plan remains current and effective as circumstances change.
Schedule regular reviews at least every three to five years, or sooner if significant life changes occur. Many attorneys that do wills offer annual review services or will contact clients when law changes might affect their plans.
Communicate life changes promptly such as marriages, divorces, births, deaths, or significant asset changes. These events often require plan modifications, and prompt communication allows attorneys to implement necessary changes quickly.
Keep contact information current so your attorney can reach you when important law changes occur or when review reminders are due. Also ensure your attorney has current contact information for your key family members and other professionals involved in your financial affairs.
Understand document storage and ensure copies are properly maintained and accessible to appropriate family members. Many attorneys that do wills offer document storage services or can recommend secure storage solutions.
Building a Professional Team
The most effective estate planning involves coordination between attorneys that do wills and other professional advisors who understand your complete financial picture. Building relationships with compatible professionals enhances the quality and effectiveness of your estate plan.
Financial advisors who understand estate planning implications can structure investments and retirement plans to complement your will and trust strategies. Look for advisors who regularly work with estate planning attorneys and understand how different account types affect estate planning.
Tax professionals become increasingly important as estate values grow or when complex tax strategies are involved. CPAs who specialize in estate and gift tax issues can work with attorneys that do wills to implement sophisticated tax planning strategies.
Insurance professionals help ensure adequate life insurance coverage and proper beneficiary designations that support your overall estate plan. Insurance agents who understand estate planning can recommend coverage amounts and ownership structures that work with your legal documents.
Key Takeaway: The best estate planning results from coordinated efforts between multiple professionals who understand your complete situation and work together to achieve your goals.
Common Questions About Attorneys That Do Wills
Understanding the most frequently asked questions about attorneys that do wills helps you make informed decisions about your estate planning needs and know what to expect throughout the process.
How Much Do Attorneys That Do Wills Typically Charge?
Legal fees for will preparation vary significantly based on location, attorney experience, and complexity of your estate planning needs. Understanding typical fee ranges helps you budget appropriately and evaluate attorney proposals.
Simple will preparation for straightforward situations typically costs between $300 and $1,000 in most areas. This usually includes a basic will, power of attorney, and healthcare directive. Urban areas and highly experienced attorneys generally charge toward the higher end of this range.
Comprehensive estate planning packages that include wills, trusts, and multiple planning documents typically range from $1,500 to $5,000 for most families. Complex situations involving business interests, tax planning, or complicated family structures may cost more.
Hourly rates for attorneys that do wills typically range from $200 to $500 per hour, depending on location and attorney experience. Most estate planning work is done on a flat-fee basis, but complex situations may require hourly billing for research or ongoing advice.
Geographic location significantly affects pricing, with attorneys in major metropolitan areas typically charging 50-100% more than those in smaller cities or rural areas. However, higher fees don't automatically indicate better service, so evaluate attorneys based on experience and expertise rather than price alone.
How Long Does the Will Creation Process Take?
The timeline for working with attorneys that do wills depends on several factors, including document complexity, your responsiveness to attorney requests, and the attorney's current workload. Understanding typical timelines helps you plan appropriately.
Initial Consultation to Draft Review usually takes 2-4 weeks for most estate planning situations. This includes time for the attorney to draft documents, review them internally, and prepare them for your review. Complex situations or busy periods may extend this timeline.
Review and Revision Process typically adds another 1-2 weeks, depending on how many changes you request and how quickly you respond to attorney communications. Most attorneys that do wills expect some revisions and build time for this into their process.
Final Execution and Completion usually occurs within a week of finalizing document language. This includes scheduling signing appointments, arranging for proper witnesses and notarization, and providing you with executed originals and copies.
Total timeline from initial consultation to completed documents typically ranges from 4-8 weeks for most families. Rush services may be available for urgent situations, though this usually involves additional fees.
What Happens If I Move to a Different State?
State law variations create important considerations when you relocate after working with attorneys that do wills. Understanding how moves affect your estate plan helps you take appropriate action to maintain plan effectiveness.
Will validity generally transfers between states because most states recognize properly executed wills from other jurisdictions. However, some specific provisions might not be enforceable under your new state's laws, potentially creating gaps in your estate plan.
Power of Attorney Acceptance varies significantly between states, and some states have specific requirements or forms that may make out-of-state documents less effective. Financial institutions and healthcare providers in your new state may be reluctant to accept unfamiliar document formats.
Trust administration can become more complex when you move to a state with different trust laws, particularly regarding trustee powers, beneficiary rights, or tax treatment. Some trust provisions that work well in one state may be less effective in another.
Probate procedures differ substantially between states, potentially making your will less efficient in your new location. States have different probate court procedures, timeline requirements, and cost structures that can affect how your estate is administered.
Pro Tip: Plan to review your estate plan with a qualified attorney in your new state within six months of relocating. Many attorneys that do wills offer document review services specifically for clients who have moved from other states.
How Often Should I Update My Will?
Regular will updates ensure your estate plan continues to reflect your current wishes and circumstances. Understanding when updates are necessary helps you maintain an effective estate plan throughout your life.
Major life events typically require will updates within a few months of occurrence. These include marriage, divorce, births, deaths of beneficiaries or executors, and significant changes in financial circumstances. Prompt updates ensure your plan reflects current reality.
Regular review schedule should occur every 3-5 years even when no major changes have occurred. Laws change, family circumstances evolve gradually, and asset values shift over time. Regular reviews with attorneys that do wills help identify needed updates before they become urgent.
Law changes occasionally require document updates to maintain effectiveness or take advantage of new opportunities. Attorneys that do wills typically monitor relevant law changes and contact clients when updates might be beneficial.
Asset changes such as acquiring new property, starting a business, or receiving significant inheritances may require plan modifications to ensure new assets are properly addressed in your estate plan.
Can I Work with an Attorney in a Different State?
Modern communication technology makes it possible to work with attorneys that do wills in different states, though several important considerations affect whether this approach makes sense for your situation.
Licensing requirements mean attorneys can only provide legal advice about the laws of states where they're licensed. If you live in a different state than your preferred attorney, they may not be able to help with documents that must comply with your state's laws.
Document execution requirements vary by state and often require in-person meetings for proper witnessing and notarization. Remote document execution options expanded during the pandemic, but many states still require physical presence for will signing.
Ongoing relationship challenges may arise when your attorney is located far away, particularly if you need updates, have questions, or require assistance during estate administration. Local attorneys typically provide more accessible ongoing support.
Cost considerations may make working with distant attorneys less economical once you factor in travel costs, communication challenges, and potential need for local counsel to assist with state-specific requirements.
What This Means for You
Finding the right attorney that does wills is one of the most important decisions you'll make for your family's future. The right legal professional doesn't just create documents—they provide peace of mind, protect your family from unnecessary complications, and ensure your wishes are carried out exactly as you intend. Get started with Will & Trust to connect with qualified estate planning professionals who understand your unique needs and can guide you through this critical process. Ready to get started? Visit Will & Trust to learn more.