How To Find The Right Estate Planning Attorney In Texas

Drawing up your estate plan can be confusing. The best place to start is finding a qualified attorney to help you understand the process and choose the person best suited to implement the plan for your assets, property, and wishes.

So, how do you find the right attorney for your estate planning?

Follow the steps in the guide below to make the best choice and draw up your Will or Trust and other estate planning documents with confidence.

1. Identify Your Goals For Your Estate Plan

Not all estate plans look the same. For some individuals, a simple Will covers all their needs. But others have complex estates, substantial financial assets, or specific circumstances they want to provide for in the event they pass away.

In almost all cases, finding a highly qualified attorney with years of experience working in Texas estate planning is crucial to achieving the best result for your situation.

To find the right attorney, start by assessing these aspects of your estate:

• Estate Size And Type: Do you own one property or multiple? Do you own commercial property or rental homes that generate income? Is any of the property jointly owned or inherited? The more properties you own and the more special considerations, the more detailed your estate plan may need to be.
• Special Considerations for Minor Children: If you have children who are under 18, you will likely want to choose the individual you wish to become “guardian of the person” for your children. This means the person who would have actual custody and oversight of the personal matters concerning your child. You also will want to include provisions for Trusts for minor children until they reach whatever age you believe they will be competent to receive an inheritance.
• Special Assets: If your estate includes businesses, intellectual property, mineral interests, or out-of-state assets, you’ll want to include these in your estate plan as well. You may want to include special provisions for these assets in your Will or Trust.
  
  

2. Ask For Recommendations

Ask family, friends, or financial advisors for recommendations. Online reviews and legal directories can also provide insights. As you research, look for reviews that specifically address estate planning. Some attorneys may have excellent reviews for family law or personal injury cases, but have no experience with estate plans.

3. Evaluate Their Experience & Credentials

Membership in professional organizations can be a good sign. The State Bar of Texas has a special section for attorneys interested in estate planning, probate, and real estate law. Some attorneys also have board certification from the State Bar in estate planning and probate.

Other things to consider are whether the attorney has any accolades or awards, such as being a BBB Accredited Business or Martindale-Hubbell’s AV Preeminent Peer Rated Attorney.

4. Schedule a Personal Meeting With Your Potential Attorney

Consider the personality and communication style of your potential lawyer. Planning for the future seems straightforward, but thinking about what might happen after you die can be surprisingly emotional for some.

Finding someone you feel comfortable with is essential. Fortunately, many attorneys offer a free initial consultation so you can get to know them better before hiring them to draft your estate plan.

During initial consultations, consider:

• Communication: Do they explain legal terms clearly and in a way you can understand?
• Patience and Empathy: Are they understanding and patient with your questions?
• Comfort: Are you comfortable with this attorney's personality and communication style, and with their staff?
• Availability: Can you reach them easily when needed? Will they respond to your inquiries?
  
  

5. Discuss Fees & Expectations

Estate planning attorneys may charge hourly rates, flat fees, or a percentage of the estate. Ensure you understand their fee structure and obtain a written fee agreement before the actual drafting of your estate plan begins. Ask about potential additional costs, such as for ancillary document preparation, and discuss the cost of handling your estate after your death under the plan that the attorney proposes.

A trustworthy attorney will always be upfront about their fees.

6. Trust Your Instincts

After meeting with an attorney, trust your gut. Estate plans must be drawn up correctly in accordance with Texas state law in order for them to be effective when you pass away.

If your attorney does a poor job of drawing up your Will or Trust, you could end up with a legal document that is virtually useless for your family or does not accomplish what you want. Be sure you feel confident in your lawyer’s abilities and fit for your situation.

With The Right Attorney, Estate Planning Can Be A Breeze

The right estate planning attorney will have the skills to handle your legal needs and a personality that puts you at ease. By taking the time to evaluate their experience, communication style, and approach to your case, you can choose a partner who will help you draw up an estate plan that perfectly fits your needs and wishes.

If you live in Texas and would like more information about estate planning, contact Adair M. Buckner now for a free consultation*.