How to Choose the Right Estate Planning Probate and Elder Law Attorney

It is not easy to choose an attorney, particularly if you have never had prior experience with an attorney. Many people delay drafting necessary documents, such as Wills, Trusts, and Powers of Attorney, because they simply don't know where to begin or they are nervous or intimidated by the thought of meeting with an attorney. Others have too much prior experience with the legal system, having been involved in a lawsuit, divorce or bankruptcy, and want nothing more to do with attorneys. And others are scared of the cost of legal representation. They don't know if establishing an estate plan will cost hundreds of dollars, thousands of dollars, or somewhere in between. Following are guidelines to help you choose an attorney who will have the experience, knowledge, and personal skills to assist you in establishing an estate plan, probating an estate, or assisting you and family members deal with elder law issues.

How to Find an Attorney. First, ask family members, neighbors, and friends if they have an attorney to recommend for your particular legal need - estate planning, probate, or elder law issues. You need an attorney who specializes in these fields. Retaining your friend's divorce attorney to drafts Wills for you and your wife is not a good choice. Second, ask your accountant or financial advisor for a referral. Most professional advisors can give you the names of two or three attorneys that they recommend. Third, search for attorneys in the better known legal websites, such as www.findlaw.com or www.lawyers.com or do a general search using key words that include your geographic area, such as "North Reading estate planning attorney". If you need an elder law attorney, consult the website for the National Academy of Elder Law Attorneys (NAELA) to find a local attorney who is affiliated with this organization. Their website is www.naela.com. If a family member is residing in an assisted living facility or nursing home, the social worker or administrator of the facility should be able to give the names of local attorneys who specialize in long term care planning and qualifying for Medicaid (MassHealth) benefits to pay for nursing home care. Other resources include personnel at the local Senior Center or Chamber of Commerce or the Massachusetts Bar Association referral service (617-742-0625).

The Initial Consultation. The next step is scheduling an initial consultation. When you make the appointment, make it clear that you want an initial consultation. Many attorneys do not charge for a 30 or 45 minute meeting with a new client. Don't be shy about asking if there is a charge for the first meeting. It is a good idea to meet with more than one attorney. Remember that you are not obligated to retain an attorney after an initial consultation. If you do not feel comfortable talking to the attorney during your first meeting, he or she is not the right attorney for you. In the course of establishing an estate plan, probating an estate, or dealing with elder law issues, you may have to provide very personal information about yourself and other family members. If you are intimidated by the attorney, if he or she is not asking lots of questions about you, or if he or she simply doesn't seem to be listening, the attorney will never have all of the relevant information needed to deal with your legal issues. And beware of the attorney who does nothing but talk about himself or herself. Although you want to find out about the attorney's qualifications, the first meeting should be about you. You are the one who should be doing most of the talking. Without detailed information about you, your family, and your legal concerns, the attorney cannot make an informed recommendation for dealing with your legal needs.

Do your homework before your first meeting. Find out as much as you can about the attorney at the sources suggested above, so that the first meeting focuses on you. If you are not happy with the first attorney, you should move on to the next one. Establishing an estate plan is a process. You may be meeting with your attorney two or three times before you finalize your documents. If you are the Executor of an Estate or Trustee of a Trust, you will be meeting with the attorney even more frequently. The same is true if you are dealing with an elderly parent in a nursing home who needs to qualify for Medicaid (MassHealth) benefits to pay for his or her care. And probating the estate of a loved one or admitting a parent to a nursing home can be very stressful. Your personal interaction with the attorney is just as important as the attorney's professional qualifications. You need an attorney with both the knowledge and personal skills to help you through these crises.

After Your Decision. After you have found an attorney with the right credentials, ask for a fee agreement or engagement letter. The agreement or letter should describe the scope of work that will be performed and will tell you what it will cost, including out of pocket expenses, such as recording fees. Most attorneys ask for a retainer before they start drafting documents or undertaking other legal work. Don't be hesitant if you have questions about the work to be performed or the cost. If you want a simple estate plan and the attorney proposes something far more complicated, point this out. The attorney may have very good reasons for the documents recommended, but in the end, it is your choice. After you reach an agreement and pay the retainer, the attorney should prepare your estate planning documents in draft for your review before they are finalized. And if you have concerns about paying the legal fee, ask the attorney if you can pay in installments. In this economy, most attorneys are willing to give you time to pay the legal fee.

If you would like to schedule an initial consultation to meet us and discuss your legal needs, please contact us.