Selecting an Estate (Will and Trust) Lawyer

raintyger

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It's been nagging at me to get a will and trust done. I tried last year and had two bad experiences. One lawyer sent us a written letter stating what time and day our appointment was. When the big day came we took off from work and headed down to their office. Then we found out they had doubled booked themselves and already took the other people in. They were so inflexible they refused to make room on their schedule. Uh oh, we think, so no going with them.

The second lawyer took several hundred dollars as a deposit and then gave us a draft full of mistakes, including using the wrong names (looked like a sloppy cut and paste job, left someone else's name in). We never finalized anything. Even if we called attention to and corrected the mistakes in the first draft, we had no confidence that there weren't mistakes that we didn't know about or that the lawyer wouldn't produce more mistakes in a second draft.

So  we've been burned twice and now a bit jittery about starting the process again. I've narrowed the selection down to two people who were recommended to me. Lawyer #1 is named Steve. Steve is very cheap, only $700 for a will trust package plus medical directives and power of attorneys for a couple. An accountant at my office gave me the reference. The accountant used to be a CFO at a financial planning firm, and he says that's the name they used to refer people to. He says that the people who go tell him that Steve's very efficient and gets the job done. I drove by his office. It's not what you would think of for a lawyer's office. In an industrial/commercial area, small wait room with fold out poker chairs.

Lawyer #2 is named Samuel. Samuel's prices are $2,000, about average for this area. Samuel was referred to me by a friend. Actually, he did not refer me to Samuel, but to the law office in general. He says he used to go to the founding lawyer at this office, but feels anyone in it would be competent. My friend is very level-headed and has been chosen as an executor 3 times. He says he's actually used a will and trust from Samuel's office after people have passed, and he started the will and trust did what it was supposed to.

Part of me says that if you don't have unusual needs wills and trusts are relatively easy for a lawyer to put together and perhaps we don't need to pay a couple thousand. We definitely aren't wealthy and don't have any unusual circumstances like only giving beneficiaries items contingent on completing college.

The other part of me says that we should spend the money to get the known product. Samuel's firm has done product that my friend has put to the test. And we don't want to save money only to get a will and trust that doesn't work.

So does anyone have other thoughts? I realize I'm the one who will have to choose, but I'm wondering if there's valid points I haven't thought of yet.
 

denice

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Since you got a positive reference for the cheaper attorney I probably would try him,  Maybe he is the rare attorney who doesn't care about the superficial trappings that make him look wealthy and just does what he is paid to do.  All those superficial trappings cost money and thus higher fees.
 

nurseangel

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DH and I found an excellent attorney in our small town to prepare our will for a few hundred dollars.  The price could have been regional or because we are in a small town.  She (the attorney) is part of a small law firm.  The rest of them are criminal defense lawyers, but she specializes in real estate law and estate planning. She answered our questions and prepared our will in a way that was satisfactory to us.  I suppose most wills are fairly basic, and I guess any lawyer can prepare them; we just liked that she specialized in it.  With that be said, I would consider the lawyer recommended by a trusted friend or co-worker.  My urologist's office is a nightmare of 1970's decor (not nice retro stuff; ugly yellow and orange vinyl chairs and plaid sofas that were obviously bought in that decade and didn't age well) but he is the best urologist I know of...and I know of many.  Sometimes It's hard to look past the office furnishings, but it doesn't always mean the professional is substandard. 

SADNESS ALERT!  This is kind of off topic, but we had been putting off making a will for a number of reasons.  Cost, the inconvenience of going to do it, etc. Then a co-worker was asking around if anyone wanted a little dog.  The dog's elderly owner had died, and the man's son, who had inherited everything, didn't like or want the dog. He put it outside, though it had always been a loved, inside dog.  I felt terrible for the dog...and for the man who died and wouldn't have wanted his beloved pet to end up in this situation.  I announced right then and there that I didn't have to leave my estate to someone who wouldn't take care proper of our cats. I relayed the story to my husband, and within a week or two, we had a will.

Good luck.  I hope whatever attorney you chose does a great job for you.  
 
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betsygee

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The going rate around here is between $1500 - 2000 for a living trust/will/power of attorneys.  

My main question would be their credentials--I would go with someone who ONLY does probate/estate planning and has a good track record with it.
 

AbbysMom

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The going rate around here is between $1500 - 2000 for a living trust/will/power of attorneys.  

My main question would be their credentials--I would go with someone who ONLY does probate/estate planning and has a good track record with it.
:yeah: For a lot of lawyers the cost will be dependent on how complicated it is/how many hours they put into it.

I do agree about using a lawyer that specializes in this. Some firms only do this type of work, some firms will have a lawyer that specializes in it. The laws are complicated and change often, so it really is best to go to someone that stays on top of it. Even if you think your specific case may be simple now, down the road your situation could change. We learned how complicated things can get when my father went into a nursing home and now that my mother is 82 and a widow, that adds more to what she can and can't do and what her beneficiaries may have to deal with. Since my father's death my nephew became a lawyer and this is his specialty.
 
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