Estate Planning Practice Blog

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Questions to Ask Your Attorney Before You Hire Him or Her for Your Estate Plan

The local Long Beach legal newspaper, The Reporter, published an interesting article called, "The 6 Questions You Must Ask the Attorney Before You Spend a Dollar on Estate Planning." While we don't want to copy the article verbatim, this post will identify the questions and our answers to the same.

1. How long has the attorney been doing estate plans?

This is an important question. The Reporter said that it takes years to become proficient in this practice area. You want to hire an attorney that knows what they are doing. They have years of experience in this field. They know how to handle probate, related litigation, they know how to administer a trust, and most importantly -- they know what they don't know! If an attorney can spot the issues regarding your situation they can advise you to bring in the expert or seek counsel of a more experienced attorney. At TLD, we have four estate planning attorneys with varying years of experience. We work as a team and for more complex matters, we have ample research materials available and experts on tap if your situation warrants it.

2. Does the attorney understand your needs?

Your attorney should have a real life situation that mirrors yours. In other words, the attorney should practice what they preach. This was posted yesterday -- see the post here. For example, TLD attorneys have gone through the probate process themselves, have kids, have large families, own rental property and a host of other real life situations that you can relate to.

3. Will it cost to talk to your attorney?

The Reporter says to ask how your attorney will bill you. For many clients, our estate planning fees are done at a flat fee basis. So whatever questions you have during the process is captured by the flat fee.

Each of our attorneys are readily accessible by email and welcome such inquiries.

Sometimes a client will have a matter requiring extra attention, specific legal research or addititional work -- for these clients we tell them up front and either quote a second flat fee or charge them hourly. You will not be suprised on how your matter will  be handled from a billing standpoint.

Whether we charge a consultation fee for the initial meeting depends on the attorney you are seeing. You can ask the person who is scheduling your appointment if there will be a fee. If there is a fee, it will be modest and often waived if you retain our firm for services.

4. Is the attorney part of a trust mill?

This is the worst scenario. The attorney runs a daily or weekly ad in the local paper offering estate plans at some low price. This is usually the first indicator that it is a trust mill. There are a few attorneys notorious for running a trust mill in our area. We know who they are.

The Reporter says what is also bad are attorneys who do not do estate planning as a regular part of their practice. The Reporter says, "All they know about estate planning is how to use their software and send out advertising. If you are considering this type of attorney, you're better off with a $100 do it yourself software kit from Office Depot."

5. Does the attorney know about taxes and trust administration?

The Reporter strongly urges that you want an attorney who knows how to handle trust administration when the person has died. The attorney who handles a variety of matters in this practice area will know how to draft trusts, administer them after someone dies, handle related probate and in general help you with strategies to avoid a legal mess later on for you or your loved ones.

Most attorneys do not offer tax advice. But we have close relationships with certified public accountants and can spot tax issues... we can be part of your team that will help address the tax issues arising from your estate plan. We can help explain the tax issues and work with your tax advisor.

We have a strong trust administration practice. See our post on this topic.

6. Will the attorney be there for you, your family and your business?

This goes without saying. But we are saying it... find a firm that has been around. Find an attorney that you like. They can be mutually exclusive.

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Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Protecting Triplets!

On a personal note, we take great pleasure and pride in assisting families with their business and estate planning objectives.

One of our partners had twins last week and one of our other name partners, Mark Doyle, is representing a family who had triplets not too long ago. And, I (Jenni Sawday) am expecting a second baby this May, which reminds me I need to get my own estate planning documents updated shortly after the new babe is born to practice what I preach!

 
Partner Mark Doyle, in the picture here, met with firm clients when they brought along their 8 month old triplets Toni, Sydney and Max.  The parents live in south Orange County and have business and real estate holdings.   In previous engagements, we established an estate plan, a corporation and LLC's for them. 

Now our current engagement involves working on a private charitable foundation, succession and gifting plan including life insurance. The TLD team will be working together again for these clients to benefit Toni, Sydney and Max years from now. 

Litigating Trusts and Estates Matters

One of the skills that has become invaluable in the estate planning/wills/trusts and probate practice area is the ability to handle a litigation matter when it arises. This is when someone disagrees with how an estate is being handled (either through a trust or probate proceeding) or feels that they are entitled to a portion of an estate or for a myriad of other reasons.

Tredway, Lumsdaine & Doyle, LLP, attorneys are very experienced in handling litigation matters in trusts and estates matters.

We have four attorneys who handle routine estate planning matters for clients. We have three attorneys who handle routine probate matters for clients. We have seven litigation attorneys who routinely handle litigation matters as it relates to trusts and estates.

Typically, a client who has a litigation matter will consult with the appropriate practice area attorney (estate planning or probate) and then once the client retains the firm, a team approach is used to put together the best attorneys for the matter that is most cost effective and follows the desired litigation strategy for our clients.

Monical Goel to Present on Estate Planning Issues in December

Our very own Monica Goel, Esq., will be a featured speaker in NBI's upcoming seminar on Estate Planning and Recovery for Elderly Clients this coming December. The seminar will be held at three locations at three dates.

For more information, you can click here to see the brochure from NBI.

Blog Featured by a Marketing Coach.

This blog was featured by Susan Cartier Liebel, a marketing coach for lawyers, as one of many blogs that work for those that are solo attorneys or think like solos for their firm. The blogs are called practice area blogs because they provide a distinct service to their clients, readers and the blogosphere as a whole. This blog is proud to be listed! Read Ms. Liebel's post here.

Kind Words About This Blog.

We receive email from readers with legal inquiries, kind words and other suggestions for this blog often.

Emails are always welcome from blog readers. Our email addresses are on the left column near our photographs.

Here is a recent email from a reader named Lynn, who has given me permission to post:

"I am a probate paralegal and I cannot say thank you enough for such a wonderful blog!  I found it very informative and helpful and I have had to share it with not just the attorneys I work with but my other probate paralegal friends.

Thank you for doing such a wonderful job and, in turn, helping me do mine!"

Confidential to Lynn: you are welcome and thank you too!

Teamwork at TLD.

One of the nice things about working at a law firm is teamwork. Teamwork is a core value at Tredway, Lumsdaine & Doyle, LLP.

Teamwork came into action when I wasn't feeling well on a day that I had many estate planning appointments.

I had clients driving up from San Diego and Thousand Oaks to sign various estate planning documents. I was hesitant to have to cancel the signings because I wasn't feeling well. (Can I say that a cold is one thing, but the stomach flu is another monster entirely?)

Another attorney, a name partner no less, graciously offered to take my appointments for me and instantly I knew that our clients would be well taken care of.

Teamwork should be one of the attributes clients consider when hiring a law firm to handle estate planning needs.

U.S. Chamber Small Business Regional Finalists!

Tredway, Lumsdaine & Doyle, LLP has been awarded U.S. Chamber Small Business of the Year Award 2007 -- West Regional Finalists and the Blue Ribbon Small Business Award!

When you work with TLD, we take extreme pride in our ability to work well with our clients in handling their legal matters and estate planning and probate matters are no exception.

For our estate planning clients, the firm's estate planning and probate department is very strong and well-staffed with over 4 attorneys handling estate planning (two of which are partners) and over 7 attorneys handling related litigation matters in these practice areas.

Tredway, Lumsdaine & Doyle LLP -- From Good to Great.

NEW SEMINAR! Estate Administration Procedures

Monica Goel is a featured speaker at the upcoming National Business Institute seminar on June 14, 2007, in Irvine.  For information about Monica's seminar, click here.

She will be speaking throughout the full day on Estate Administration Procedures: Why Each Step is Important.

Anyone can register and attend this seminar through the National Business Institute. If you hold a professional designation or license, you may be able to receive continuing education credits for attending.