Should I change my 25% estate Lawyer???

Rosedala

Recycles dryer sheets
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[Not sure if I'm in the right thread, but....]

Hello, I think I made a mistake in hiring an "estate" lawyer about 2 years ago or so since he only has 25% experience in estates. His principal subjects are immigration and another one I can't recall now. Do you all think this is sufficient experience? Although I've been reading a lot on the subject, I'm sure that, as a layperson, I need to be asked (and told) a lot of questions about my estate planning.

I've been getting dizzy debating within myself whether or not go and hire a lawyer totally dedicated to estates. I'm alone and have a very simple estate, yet I don't want to do it myself, I need an experienced lawyer despite the fact this would be the 3rd time I'm paying for the same thing. For many years I had a good estate lawyer but she retired. That's when I hired the present 25% estate lawyer.

Thanks ever so much for your opinions.
 
While I am in no means an expert in the subject, I would think that for a simple estate, a lawyer who spends 25% of their time doing estate law would suffice. Especially, if they have a solid reputation.

If your estate is indeed very simple, and real estate is not involved, you may be able to do it yourself with Nolo's Will Maker Pro. I used the software to create durable power of attorneys, medical power of attorneys, and wills. I used the medical and durable power of attorney documents in CA, and there were no issues. My only issue was that in CA, the house had to go through probate, due to its value. The will made that process easy, if not cheap.
 
DW, retired SVP in megabank trusts and estates was continually frustrated by badly drafted documents. One of her real hot buttons was was documents from one of several known incompetents who claimed to be estate and elder law specialists.

In some cases, she had to go to court to get a judge to approve untangling the estate. This, of course, had to be billed to the estate.

So, I would say you should use all of your resources, including referrals from other attorneys (including your retired attorney) and CPAs to find the best qualified specialist that you can. There is no downside from this. The downside for sticking with a part timer could be significant. He/she might be wonderful, but you just don't know.
 
HNL Bill, thank you for your good opinion. While I do have a very simple estate, as mentioned, it's not a matter of doing the papers, etc. What's difficult if one doesn't have any family or close friend anymore, is recruiting and assigning people to do all the necessary things for when I'm gone, lest the government will take over.

On the other hand as you said, he should be able to manage a small estate....

Thanks again.
 
Thank you OldShooter, what you say is SO true and I'd be happier with an experienced estate lawyer, problem is it takes so much to go around searching and searching, paying their consults, etc. (which I did for a long time) that at the end one hires someone just to end that miserable search....and anyway one doesn't know whether he/she's competent until after the fact.

How sorry I am for that person who had to even go to court! I may have to do what you suggest after all. I haven't spoken to him. Searching for his reviews there were none except on Nolo's and other similar sites where his name was just listed, not reviewed (which is where I found him).

Thanks again. :)
 
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Sounds like you want to identify a trustee to administer your trust?
 
It sounds like your estate itself may not be that complicated, but you really need someone who is responsive and helpful. In that case, I would judge the lawyer based on your experience with them. Do they answer your questions, have workable solutions for your issues and are they responsive?
 
Sounds like you want to identify a trustee to administer your trust?

Thank you RobbieB, exactly! I need a trustee to do everything necessary after I'm gone - except - I've ordered that upon my death all my bank's and credit union's accounts be immediately closed and the balances distributed to my charities as listed after paying creditors of course. So my present lawyer is my trustee as well as in charge of all the other documents that go with it and I hope he'll do everything necessary, correctly..... :(
 
It sounds like your estate itself may not be that complicated, but you really need someone who is responsive and helpful. In that case, I would judge the lawyer based on your experience with them. Do they answer your questions, have workable solutions for your issues and are they responsive?

Hello and thank you Katiek, now that you mentioned it, yes, responsive he is, but I remember at the beginning I read a lot of articles on the subject in the internet then I'd email him parts asking questions and he used to say "Oh you worry too much!" "You read too much the internet", etc. Ever since, I've been thinking of either confronting him about his lack of experience hoping he'd reveal something intelligent to me, or, just start searching again no matter how painful.

Thanks so much for making me think some more. I wish there were another solution since I hate to hurt him, he's a nice fellow otherwise.... :(
 
Language check: An "executor" administers a will and probate. The executor's role often exists for a matter of months. A "trustee" administers a trust, which typically has a fairly long life/years.

Our attorney will be our executor. The testamentary trusts for our descendants will be administered by Schwab as trustee. One trust will last until our son dies, then the balance will be distributed according to our instructions. The other's life is somewhat uncertain as it is primarily for the education of our grandchildren.
 
If the attorney has taken on the matter, then he/she has an ethical duty to you to do it correctly. To not do so subjects them to malpractice claims as well as ethical complaints that can result in suspension and even disbarment. *Most* attorneys will not accept a matter unless they are competent in the matter...even if it's *just* 25% of their practice.

Searching for his reviews there were none except on Nolo's and other similar sites where his name was just listed, not reviewed (which is where I found him).

Thanks again. :)

A lack of reviews don't mean much of anything. If there were a bunch of bad ones, that would be one thing. Avvo, Nolo, etc. are revenue generators for companies and they like to strong arm attorneys into marketing programs. The estate attorney that I used for my Mom and Dad has two reviews and she's been practicing for over 25 years...one of the best in a very large metro Atlanta county. As a side note, I am a licensed attorney and still used her even though her "specialty" is tax law.
 
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In your state, do they board certify certain specialities? In some state, a lawyer can become certified in a speciality by the Bar. They may not spend 100% of their time on that speciality but the certification does give some indication that the attorney has expertise in that area. You can look up what is required to obtain certification in your state (if your state does board certify people).
 
Estates are just bread and butter for general legal practitioners. They may also do a little real estate law, a little family law and a little criminal law.

And in many cases, simple estates are just not that difficult to deal with in probate. Most lawyers pass that work off to their paralegal, and don't really get into the details as much as you'd think.

As long as you keep your business simple, the probate shouldn't be too long and drawn out in most jurisdictions. If you have no real estate owned and beneficiaries on all your money accounts, probate can often be avoided.
 
Thanks OldShooter, I don’t know if I understand (I don’t think he (my lawyer) does either!). But from things I read in the past in the internet, one needs an executor to take care of everything right after death, such as gathering documents from my apartment, maybe selling the furniture, paying any creditors, arranging for cremation and all that sort of things, maybe also to distribute my estate to my charities? But this Will will not go through Probate because I also made a LRTrust. However, this Trust I made ONLY to avoid the Probate and not for him to continue holding and working on my bank accounts, etc. Please let me know if I understood. Of course he’s never explained anything to me and I’m getting very nervous.

The more I try to understand this, the more confused I get. I don’t want him or anybody else to keep the Trust for a long time and work on my assets (because I don’t have a business) after I’m gone. This sentence you wrote:

“A "trustee" administers a trust, which typically has a fairly long life/years.”

Is what I’m afraid of. How to avoid it? But maybe your case is different in that you need your business or assets to continue working for the benefit of your children, while in my case my charities will get whatever I have at my demise without my executor or trustee or whoever having to keep my trust to generate more benefits for them.

If I got it all wrong please forgive. I may have to ask where they teach the estate lawyers so I can finally see this very clearly and can finally stop doubting and start relaxing.... :)
 
Hi Bamaman and thanks. Yes, I do have a very simple estate - only CDs, MMs, etc. and that’s about all. But because I have a LRTrust my Will won’t go through probate, as I understand it. But it’s not just the Will , it’s the many things my lawyer will have to do as executor and as trustee…otherwise who will do them since I have no family nor close friends….these and more is what I hoped to get from my estate lawyer and this is why I wonder if I should hire one who’ll explain and direct me about all these things without my having to wonder and ask at forums... :(
 
Oh thanks Katsmeow, I’m in NYC and I’m sure they do and I will inquire there. However since she subscribed in Nolo and other similar agencies I suppose they inquired about his board certification already? I’ll do it anyway and thanks again! 
 
Oh thanks Katsmeow, I’m in NYC and I’m sure they do and I will inquire there. However since she subscribed in Nolo and other similar agencies I suppose they inquired about his board certification already? I’ll do it anyway and thanks again! 

I wouldn't necessarily assume that.
 
Hi ExFlyBoy5 I agree with you especially because he seems quite correct and all, however, one can usually tell those things AFTER the fact, lol! He may or may not do the correct thing not due to malice but to ignorance or negligence? Also…one may think one is quite competent on a matter…Again I agree that reviews many times mean nothing, but they do show there’s movement in his business. And if there were many bad reviews…I wouldn’t be asking in this forum – I would fly from him, lol!

The attorney you got for your Mom and Dad, and for also yourself must be terrific! Of course if she practiced for 25 years she must be very good as opposed to having practiced only 25% and my present lawyer is only in his 50s….I wish I lived in Atlanta county so as to hire your attorney…Thanks again! :)
 
It sounds to me like you are really over thinking this. You have a simple estate with a will and a Revocable Living Trust, and you have named your attorney as your executor and successor trustee. You have done your job, there is nothing more for you to worry about! You don't need to have any ongoing relationship with your estate attorney, and it's a bit odd to keep sending him questions and contacting him now that your estate plan is finished. He is not expecting to hear anything else from or about you until someone calls to tell him that you've died.

After you die, his job will be to wind up the estate and close the trust according to your wishes. He's not going to spend years administering a small and simple trust because he has other work he wants to get paid for (and because he wants to keep his license to practice law). He will notify the charities that you've named as your beneficiaries, and he will transfer the funds to them and then dissolve the trust.

The only thing you need to do at this point is leave a letter with his contact information in your home where someone will easily find it if you die.
 
Thanks OldShooter, ...
No problem. A few points in order of importance:

1. @cathy63 definitely has the clearest answer yet and is probably right on this. She is basically telling you to sit down and shut up, which may be fine but may not satisfy you. Your call.

2. Asking some guy on the internet (SGOTI) and DIY research is not really a good idea when dealing with something this important.

3. You have an attorney who has given you an estate plan that you don't understand and who blows you off when you have questions. That's two strikes in a game where my rule is: One strike and you're out.

4. I probably contributed to your confusion when I referred to multi-year trusts because that's what we have in our estate plan. I apologize. Your "LRTrust" is probably what in the trade is called a rev trust, for revocable. At death, the rev trust becomes an irrev trust (irrevocable -- you are dead) and at that point its assets are handled according to its terms. If it says that all assets are to be immediately distributed then that is what your executor (who is technically also the trustee at this point) will do. (I have verified this with my nearest certified trusts & estates expert, who was sitting on the couch next to me at the time.)
 
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We too have a simple estate - bank accounts and retirement accounts - all have named beneficiaries. House, cars, boat are all setup for transfer on death via the titles (allowed by our state). That leaves the crap in the basement that nobody cares about. Had a friends aunt leave a small estate and the lawyers got about 25% of it due to delays and family issues.
 
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Further the executor will likely call an estate sale company to sell off physical belongings. Now of course one way to handle the whole issue is to hire thrust department of a bank to take care of everything.My grandparent had such a trust and the even managed to find a good assisted living place for my grandmother. Selling the house meant for my parents just removing belongings they wanted. IMHO pick a local small bank because they will have local connections a big bank wont have since there the trustee may be located a long distance away.
 
http://www.early-retirement.org/forums/f28/hired-the-wrong-estate-attorney-what-to-do-90901.html

I did recall having been involved in this discussion before . . .

And typically, estate attorneys bill for their time.

Oh you're right and I had forgotten although I kind of thought this forum seemed familiar. Well, 2 things, (1) it shows this matter still bothers me, and (2) I'm a VERY old senior - I'm entitled to forget, lol! But thanks so much for reminding me so I re-read all the great advice from February, plus the great and generous advice on this thread and I believe all of this helped me now to simply go on with whatever remains of my life and let him do the job. Thanks again! :)
 
We too have a simple estate - bank accounts and retirement accounts - all have named beneficiaries. House, cars, boat are all setup for transfer on death via the titles (allowed by our state). That leaves the crap in the basement that nobody cares about. Had a friends aunt leave a small estate and the lawyers got about 25% of it due to delays and family issues.



+1, after a stressful and sad beneficiary experience with a trustee and trust attorney gone bad. I discovered, in California at least, that there is very little recourse which does not involve sending even more of the estate into the attorney’s pocket.
 
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