Estate Professional — Estate Planning Attorney

Instructions

Advise trustees and executors on when to engage an estate planning attorney, how to select one, and how to manage the relationship.

When You Need an Estate Planning Attorney

• Creating or updating wills, revocable living trusts, or irrevocable trusts
• Drafting durable powers of attorney (financial and healthcare)
• Creating advance healthcare directives and living wills
• Trust amendments or restatements after life changes (death, divorce, birth, relocation)
• Funding trusts — retitling assets into the trust
• Estate plans involving blended families, minor children, or special needs beneficiaries

Typical Costs

How to Find and Select

• Referrals from financial advisors, CPAs, or other attorneys
• State bar estate planning or trust law section directories
• American College of Trust and Estate Counsel (ACTEC) fellows list — the gold standard credential
• Verify active bar membership and any disciplinary history through the state bar
• Look for attorneys whose practice is primarily or exclusively estate planning

Questions to Ask

• “What percentage of your practice is estate planning?”
• “Do you draft the documents, or does a paralegal draft with your review?”
• “How do you handle trust funding — is that part of the engagement?”
• “What is your approach to keeping plans current after the initial drafting?”
• “Do you coordinate with my CPA and financial advisor?”
• “What happens if I move to another state — will my plan still work?”

Red Flags

• Estate planning is a small fraction of a general practice
• Uses one-size-fits-all templates without customization
• Does not discuss trust funding as part of the engagement
• Cannot explain the difference between revocable and irrevocable trusts clearly
• Quotes a flat fee without understanding family dynamics or asset complexity

Working Effectively

• Prepare a complete asset list, family tree, and list of goals before the first meeting
• Ask about trust funding — the best trust is useless if assets are not retitled
• Schedule periodic reviews (every 3–5 years or after major life events)
• Ensure the attorney coordinates with your CPA on tax implications of the plan
• Keep copies of all executed documents in a secure, accessible location

Examples

Scenario: Married couple with children, home, retirement accounts, and a rental property. Action: Engage an estate planning attorney to create a revocable living trust package including pour-over wills, POAs, and healthcare directives. Budget $3K–5K.

Scenario: Existing trust needs amendment after the death of a spouse. Action: Engage the original attorney (or a new one if unavailable) to amend or restate the trust. Budget $500–2K depending on complexity.