Hired the wrong estate attorney...what to do?

[Rosedala]

Hello, I recently searched for an estate attorney under subject: "Estate Attorney and Executor?" and many of you were so kind and helpful for which, again, thanks so much to all!!!

But alas, I failed to follow ALL that excellent advice and I just realized that I hired a week ago an attorney who, while seems nice and interested in the work...she's not board certified and her estate work is only 25% and 9 years experience.

I was exhausted from a long search so when I found this nice atty. I was relieved and hastened to sign the contract and pay the deposit requested... without checking her background.

My question: Would it be smart to explain to this atty. I made a mistake and to return part of the deposit? Then seek a board certified attorney who specializes in trusts, wills, estates? Or should I stay with her?

I'm terribly embarrassed...Thank you so very much for your opinion.

 

[RobbieB]

I would think that a licensed attorney with 9 years practice should be able to handle it.

Is the estate huge and complicated?

 

[MarieIG]

What are your estate issues? Attorneys can work 80 hours per week without batting an eye. Twenty hours per week of estate work does not mean that she is without experience.

 

[Rosedala]

I would think that a licensed attorney with 9 years practice should be able to handle it.

Is the estate huge and complicated?

Thank you Robbie, no, it's very simple and small and it has a Revocable Living Trust, and she'll have to be an executor and a health care proxy too. Do you really think she'd be efficient enough without having become board certified and having done only 25% of estate work?

 

[Rosedala]

What are your estate issues? Attorneys can work 80 hours per week without batting an eye. Twenty hours per week of estate work does not mean that she is without experience.

Hello Marie and thank you. I don't know what you mean by "estate issues", if you mean "possessions" I have nothing like real estate properties or such. I do own CDs, Money Markets, Savings, Annuities and some Municipal Bonds. I bought the Trust to avoid probate. Still, because of the many tax and estate changes I wonder if she'll be up to them not being a board certified...that's why I worry.

 

[MarieIG]

Hello Marie and thank you. I don't know what you mean by "estate issues", if you mean "possessions" I have nothing like real estate properties or such. I do own CDs, Money Markets, Savings, Annuities and some Municipal Bonds. I bought the Trust to avoid probate. Still, because of the many tax and estate changes I wonder if she'll be up to them not being a board certified...that's why I worry.

Forgive me for being brief. I have to get up in the morning. By issues, do you expect litigation? Do you expect the "trust" to be administered for a period of years for the benefit of a charity or other? What do you want to do with your money after your death?

Does you annuity have a death benefit or expire on your death? It appears that you could just list a beneficiary on your accounts as a TOD.

Those with large, complex estates (and nothing you have written thus far gives me that idea) look for a JD, LLM, CPA. Really not sure what you mean by board certified - when it comes to a NY lawyer.

 

[Z3Dreamer]

Board certified is not important, unless you have some extenuating circumstances. Your estate sounds pretty easy. Just go with this attorney.

 

[Bamaman]

I don't know in many states that there is a certification of any kind for any specialization. That is why they have a disclaimer in their advertising stating as such.

Many general attorney practices can handle wills and simple estates. It is when someone is very wealthy and owns businesses and has complicated trusts that a high line specialized attorney is required.

 

[ivinsfan]

Why don't all you helpful posters go read the other thread started by this OP, they seem to make a habit of being confused.

 

[Rosedala]

Forgive me for being brief. I have to get up in the morning. By issues, do you expect litigation? Do you expect the "trust" to be administered for a period of years for the benefit of a charity or other? What do you want to do with your money after your death?

Does you annuity have a death benefit or expire on your death? It appears that you could just list a beneficiary on your accounts as a TOD.

Those with large, complex estates (and nothing you have written thus far gives me that idea) look for a JD, LLM, CPA. Really not sure what you mean by board certified - when it comes to a NY lawyer.

Oh Marie, this is fine. You're right I don't expect any litigation at my death or any businesses to continue on my Trust, and instead I will write to close all my accounts and give the monies to those listed on Will and Trust.

I don't know what JD and LLM are but...is a CPA all I need? I know about TOD and it's something I'll think about. I wish I had been explained decades ago when I first bought the documents. And my present, new attorney isn't advising anything either....

I read often something like.: "A Board Certified Attorney has demonstrated skill and expertise in a particular field and has proven it through rigorous examination and testing by an accredited organization." But if I don't need it, I'm glad.

I'm thinking whether I should use only TOD or POD and get rid of the Trust altogether...back to the drawing board, good old internet...

Thank you so much for those important points!

 

[Rosedala]

Board certified is not important, unless you have some extenuating circumstances. Your estate sounds pretty easy. Just go with this attorney.

Thank you so much!!! I feel a lot better now. I knew this website is filled with extraordinarily smart and generous answering members!

 

[Rosedala]

I don't know in many states that there is a certification of any kind for any specialization. That is why they have a disclaimer in their advertising stating as such.

Many general attorney practices can handle wills and simple estates. It is when someone is very wealthy and owns businesses and has complicated trusts that a high line specialized attorney is required.

Oh I understand, but it's in NYC where this concept is all over about attorneys, physicians and a few other professionals.
I realize by now that my present new attorney will do.

THANK YOU Bamaman, THANK YOU ALL for your most valuable help.

 

[Gotadimple]

You need an attorney, a JD, if it is your wish to hire one as your executor. All attorneys are JD (doctor of jurisprudence).

 

[Rosedala]

You need an attorney, a JD, if it is your wish to hire one as your executor. All attorneys are JD (doctor of jurisprudence).

Oh, all attorneys are JD? Also, does an attorney have to be a JD to act as executor? I asked my new attorney I wanted her to be my executor and she consented. I'll have to make double sure and ask whether she is a JD. Thanks so much Gotadimple for clarifying this to me.

[The more I learn the more I find new to learn...I wonder why a society allows such sensitive matter to be so needlessly complicated]

 

[Hermit]

Oh, all attorneys are JD? Also, does an attorney have to be a JD to act as executor? I asked my new attorney I wanted her to be my executor and she consented. I'll have to make double sure and ask whether she is a JD. Thanks so much Gotadimple for clarifying this to me.

[The more I learn the more I find new to learn...I wonder why a society allows such sensitive matter to be so needlessly complicated]

JD stands for Lawyer. (Nobody said they could spell very well. )

Well, OK, Juris Doctorate is probably closer, but they all mean the same thing.

 

[Texas Proud]

I am with all the others... a simple will etc. can be done by any competent attorney... so the question is is she competent?

They have simple wills, trust, power of attorney already to go and just fill in a few blanks... they make changes to the canned ones when law changes...

But, they are usually good even if it has changed.... I just gave one for my mom to a facility and it is 20 years old.... no problems...

 

[Gill]

You need an attorney, a JD, if it is your wish to hire one as your executor. All attorneys are JD (doctor of jurisprudence).

No they’re not. Many have LLB’s - Bachelor of Laws. Also, JD stands for Juris Doctor or Doctor of Laws. Doctor of
Jurisprudence is a different degree.
Gill

 

[MarieIG]

Oh Marie, this is fine. You're right I don't expect any litigation at my death or any businesses to continue on my Trust, and instead I will write to close all my accounts and give the monies to those listed on Will and Trust.

I don't know what JD and LLM are but...is a CPA all I need? I know about TOD and it's something I'll think about. I wish I had been explained decades ago when I first bought the documents. And my present, new attorney isn't advising anything either....

I read often something like.: "A Board Certified Attorney has demonstrated skill and expertise in a particular field and has proven it through rigorous examination and testing by an accredited organization." But if I don't need it, I'm glad.

I'm thinking whether I should use only TOD or POD and get rid of the Trust altogether...back to the drawing board, good old internet...

Thank you so much for those important points!

Hi, I didn't mean to be confusing. A JD, is just a juris doctor - a law degree. LLM is a masters in law, usually require a year of intense study, often with a specialty. Some lawyers are also CPAs. But a CPA is not going to draft a will or represent your estate in Surrogate's Court. My concern is that you are purchasing services that you just don't need.

 

[Rosedala]

JD stands for Lawyer. (Nobody said they could spell very well. )

Well, OK, Juris Doctorate is probably closer, but they all mean the same thing.

Oh....thank you now I know! Thank you.

 

[Rosedala]

I am with all the others... a simple will etc. can be done by any competent attorney... so the question is is she competent?

They have simple wills, trust, power of attorney already to go and just fill in a few blanks... they make changes to the canned ones when law changes...

But, they are usually good even if it has changed.... I just gave one for my mom to a facility and it is 20 years old.... no problems...

Yes I understand, but the deed is done now. I will at least help others with a similar estate. Thank you.

 

[Rosedala]

Hi, I didn't mean to be confusing. A JD, is just a juris doctor - a law degree. LLM is a masters in law, usually require a year of intense study, often with a specialty. Some lawyers are also CPAs. But a CPA is not going to draft a will or represent your estate in Surrogate's Court. My concern is that you are purchasing services that you just don't need.

It's okay Marie, I was already confused before, lol! You say I'm "purchasing services I don't need" but even if I used the simple Wills, etc. at a store like Staples, I still need to hire an executor and a health care proxy, (power of attorney?) AND successors for them as well as for the other documents, etc.

On the other hand, if I'm giving away the money...it will serve me as a punishment for being such a dummy! lol!

Thanks a lot Marie and I thank most sincerely all the other wonderful people who came to my rescue too...

-------------------
P.S. Texas Proud: How nice that you're good to your mom! This is almost always a sign of a decent soul. As to detecting competency in my new attorney...I'm afraid I'll know it ONLY after the fact.

 

[CaliKid]

There are a couple things here.

First, board certified is an important first criteria as it shows an attorney who is focused on the area of law. It's not the exclusive criteria I would use though. I like someone with 10+ years experience and a dedicated focus on estate planning. I think your choice is probably fine.

Second, the person who will be successor trustee of your trust does not have to be a lawyer. As I previously mentioned I don't love lawyers for the job since they charge by the hour and charge much more than professional fiduciaries (who are typically not lawyers). However, as we discussed they don't seem to have professional fiduciaries in NY so using a lawyer is a fine choice.

Lastly, if you do ever want to switch an attorney the key is to tell them right away so that they stop doing billable work on your file. Most attorneys, except for the bottom tier, will be happy to refund some or all of the deposit paid depending on how much time they have spent on your case.

 

[prose3589]

As an attorney, I would want to know your concerns. I assume you signed an hourly contract? Contact the attorney and simply ask them about their credentials and share your concerns. The attorney may not WANT YOU AS A A CLIENT anymore. Depending on the contract they will usually refund the balance of your retainer. Best of luck.

 

[meierlde]

For the executor you could choose a relative you trust alternativly to the lawyer, or indeed most bank trust departments do this as well as act as trustees for trusts. The executor then hires a lawyer do to the legal part of the work. I acted as executor in Tx for both my parents estates.
BTW for medical power of attorney is anyone in your family a medical person, that would be better than an attorney?
The issue of a family member as executor depends on trust but I would suggest a bank trust department over a named lawyer as the trust department is immortal.

 

[Meadbh]

It appears that very few US lawyers are board certified.

https://www.americanbar.org/content...ur_Doctor_is_Board_Certified.authcheckdam.pdf