There is no denying that a good estate attorney could help solve most of your real estate issues. When you hire the best estate planning attorney such as this Omaha Estate Planning Attorney, you can be rest assured that you are in good hands. When it comes to hiring an estate attorney or seeking their advice, there are certain questions that you have to ask. There are plenty of estate attorneys out there and the best way to hire the best one is by making sure that the estate attorney is able to answer the 6 questions mentioned below.
As laws vary from state to state, the estate attorney should be well-versed of the state and federal estate laws. It will help ensure that the best course of action is taken. The difference between an estate attorney and other attorneys such as a criminal attorney is that you might end up meeting the estate attorney several times over the years. Hence, a good working relationship with the attorney is crucial. You will need to discuss the estate plan with the attorney as individuals tend to amend their estate plans as time passes. An estate plan is a vital component of the overall real estate strategy that your real estate attorney would follow. Make sure that the real estate attorney that you hire is someone you are comfortable sharing personal information with.
When you ask the real estate attorney, the questions mentioned below, keep in mind that the process is quite similar to that of an interview. After all, you need to ensure that you hire the best person to work for you. If the real estate attorney is able to make you feel better informed after responding to the questions, then you can be sure that you have the right attorney. Some of the most important questions that you should ask your estate attorney are as follows.
- What Is the Difference Between a Conservatorship, Guardianship, Will, and Trust?
In order to have the right estate plan, you need to know the difference between a conservatorship, guardianship, will, and trust as it will help ensure that you make the right decision regarding how you would like the estate planning process to work out. Just like any other area of law, estate planning is also complex and complicated, and requires great attention to detail. Chances are that when you first start out the estate planning process, you would not know much about the different options available and the terminology only further complicates it.
This is why when you have specific questions regarding the terminology and what options are available, you need to ask the real estate attorney to understand everything better. A great estate attorney should explain your options and the terminology before you even ask him or her. They should be able to provide you with a quick definition and overview of your available options.
- How Long Does the Process of Estate Planning Take?
The answer to this question largely depends on your situation and the options available. There is no definitive answer to such a question. However, the real estate attorney should walk you through the process and suggest how long the process should normally take for each available option. An experienced attorney will list your options according to the period. The key to a great estate plan is that it clearly takes all your demands into account and ensures that the beneficiaries of the estate plan benefit the most out of it. This also means that the attorney will help direct you in the best possible way in order to avoid much of the estate taxes and probate.
- How Has Your Estate Law Experience Been?
Learning more about the estate attorney will help determine whether he or she is capable of handling your case and getting the best results. For instance, it is common for personal injury attorneys to handle a diverse range of injuries and accidents to ensure that employers compensate employees. Although accidents and injuries have different causes and outcomes, they are viewed in the same light in the eyes of law. But, when it comes to choosing the right estate planning attorney, they need to be experienced in handling relevant cases. The best way to determine this is by checking to see if it is their area of practice.
- How Can Adjustments Be Made to the Estate?
In an ideal world, the estate plan would go accordingly. However, it is common for adjustments to be made to the estate. This question will reveal how the attorney operates. Most attorneys provide annual reviews to ensure that the estate plan is being carried out accordingly. As laws related to real estate and tax change quite frequently, the attorney should keep you updated regarding relevant changes to the law and should suggest the next best course of action.
- How Can Probate Be Avoided?
This is an extremely important question that will make or break an estate planning attorney’s career. The response will paint a clear picture of what you can expect from the attorney and whether your best interests are kept in mind at all times. Probate should be avoided at all costs as it leads to unnecessary costs and delays. The attorney should lay out an estate plan which ensures that probate is avoided. The ideal answer that you should be looking for is setting up a living trust which allows the majority of assets to steer clear from probate. However, if the attorney suggests creating a will, then keep in mind that a will must go through with a probate and that the attorney would charge fees as he or she would have to represent you.
- What Are the Terms of Payments?
Payment of legal fees to the attorney is something that should discussed in the beginning. It helps you choose the attorney who is willing to help you and is not just out for the money. The terms of payment should be set before the attorney starts working on your estate plan.