SumDay
Thinks s/he gets paid by the post
- Joined
- Aug 9, 2012
- Messages
- 1,862
Speaking from experience, their paralegal is going to do it all anyway.
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.
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.
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.
Speaking from experience, their paralegal is going to do it all anyway.
It appears that very few US lawyers are board certified.
https://www.americanbar.org/content...ur_Doctor_is_Board_Certified.authcheckdam.pdf
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.
Oh, Rosedala, no I would not expect you to get a will from Staples! But I see your attorney charged you a flat fee, so my point, in any event, is probably moot.
It appears that very few US lawyers are board certified.
https://www.americanbar.org/content...ur_Doctor_is_Board_Certified.authcheckdam.pdf
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.
Oh, Rosedala, no I would not expect you to get a will from Staples! But I see your attorney charged you a flat fee, so my point, in any event, is probably moot.
Yes, I'm afraid it's moot for me too until time can tell...I made a mistake and must pay for it, there's no other way.
P.S. Thanks for the beautiful flowers!
Yes. I am an attorney in Illinois. We aren’t “board certified” here. Most attorneys aren’t. Again. I would simply raise any questions and concerns with the attorney. Give her a chance to answer. Then make a decision based on those answers. She sounds reasonable.
Thank you, I can see where it isn't THAT important to be board certified, but I'll try to let my new attorney know I'm a little concerned. Thanks again!
You are concerned because your attorney is not one of only 5% who bother getting board certified. It has been demonstrated that the qualification you seek is not commonly pursued in the legal profession. Your attorney is qualified and in all probability, perfectly competent to do the job you have hired her to do. If being board certified is your criterion for trusting your attorney, perhaps you should look for a board certified one. It appears they will be hard to find, but good luck.