One of the things that many people are going to find when they start working on an estate plan is that there are a number of legal issues – and, of course, those issues vary from one state to the next. So what are you going to do when you need some guidance along the way?
One of the best options that is available to you when you are looking for estate planning assistance is to look into working with an estate planning attorney. Because an estate planning attorney is someone with whom you will be sharing all of your personal information, the first thing that you are going to want to think about is whether or not you are comfortable working with someone. Sure, your estate planning attorney is going to be someone who is bound to not give that information to anyone, but you are going to be able to get more out of the process if you are working with someone who you believe that you can trust.
Seek References from Family and Friends, Along with Past Client References
To find an estate planning attorney who will be able to help you through the process, you might want to turn to people who you know who are in a similar income bracket and who have needs similar to your own to ask them for a recommendation. You may also want to talk with family members, or with those who you deal with on other levels – your minister, for example – to help guide you in the right direction.
However, make sure that you are also getting past client references from those who have worked with an estate planning attorney in the past – people who you do not know. By looking at client references, you are going to find that you are able to get an honest assessment from someone who has nothing to gain or lose by giving you their opinion.
Choose an Attorney Who Specializes in Estate Planning
Would you ask your veterinarian for advice if you were having chest pain? Would you go to your family physician if you had a toothache?
When you start to look into finding an estate planning attorney, you are going to want to make sure that you are working with someone who specializes in estate planning. Simply put, an estate planning attorney will be well-versed in the laws that regulate estate planning in your state whereas a divorce attorney may know a little bit about estate planning but not necessarily enough.
Whether you are planning for disability or you are looking into estate and gift tax planning, whether you are looking into planning a living trust or a living will, it’s important to know that you are working with someone who will be on your side and who will recognize your needs.
Should You Look for an Estate Planning Attorney with a CELA designation?
In many cases, estate planning attorneys do not have special qualifications and, in many states, they do not need to have them. However, if you look for an estate planning attorney who has been certified by the National Elder Law Foundation as a Certified Elder Law Attorney, you will be able to be confident that your attorney is familiar with health and long-term care planning, power of attorney and guardianship issues, wills, trusts and probate issues.
Certified estate planning lawyers will have been in practice for more than five years, and, during the past three years they must have spent 16 hours a week or more working on elder law cases. In addition, to be certified, an attorney must have continuing education credits in elder law. Every five years, there is a renewal of their certification.
Because certification and a CELA designation are not mandatory, you may find that an attorney without the designation is as qualified to help you through the process. When you are comparing estate planning attorneys, you are going to want to look at:
- How long the attorney has been practicing.
- How much of the attorney’s practice is committed to helping clients with estate planning needs.
- The experience that each attorney has had providing estate planning services, and how much of his/her experience is related to the estate planning assistance that you need.
- Whether or not the attorney is certified (and, if not, why not).
By addressing these questions, you are going to find that you are in a better position to choose the estate planning attorney who will be best for your needs.
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