How to find a good estate lawyer

[Sojourner]

What is the recommended approach for finding a good, reasonably priced, experienced estate lawyer to handle probate? My elderly DF is in bad health, and I'd like to start the search sooner rather than later, since I don't want to pick someone in a rush when stress and emotions are running high. DF's estate is quite basic, with a simple will that divides everything evenly between me and my siblings. Just some bank and brokerage accounts and real estate (vacation home), so it should be easy, straightforward work for any competent lawyer.

I honestly have no idea where to even begin to look for an estate lawyer other than asking certain friends or family members for their recommendations. Thanks in advance for any and all suggestions.

 

[OldShooter]

... I honestly have no idea where to even begin to look for an estate lawyer other than asking certain friends or family members for their recommendations. Thanks in advance for any and all suggestions.

It's tough. Yes, start with family and friends including asking them "is there anyone else you can suggest who might be able to give me some advice." Ask professionals you know; CPAs, lawyers not doing estates, bankers, insurance agents, and each time trying to extend your network with " ... anyone else you can suggest ... " Also clergy, people you might know at nonprofits, seeking especially development officers. In our city, the city magazine publishes an annual list of "superlawyers" nominated by their peers. Be sure to interview two or three.

 

[bigreader]

I agree that this is hard, but the good news is that the matter is not complicated.

In addition to what OldShooter said, your state bar may have a certification program for Trusts and Estates lawyers, which demonstrates an interest in the area and some basic competency. Your local bar association may also have a list of T&E lawyers.

As for cost, depending on your state, probate fees may be capped as a percentage of the estate. If so, there isn't usually a lot of price negotiation (or gouging).

 

[OldShooter]

... In addition to what OldShooter said, your state bar may have a certification program for Trusts and Estates lawyers, which demonstrates an interest in the area and some basic competency. Your local bar association may also have a list of T&E lawyers. ...

WADR I would not highly prioritize this as a means of finding a good lawyer.

DW, who was in the trusts business at megabank for a couple of decades, had experience with most of the supposed specialist attorneys in town. There were a couple of these guys that elicited groans from her staff when their names were on the paperwork. Mistakes, omissions, etc. were routine. Just like owning a violin does not make you a musician, bar listings and representing yourself as a specialist does not necessarily make you a good trusts & estates attorney.

Forgot to mention above, but OP should look for experience too. I would say 10 years minimum doing trusts & estates work with a respected firm. Too much experience may be a negative in another way; you do not want the attorney to predecease you. We've actually had that happen to us once. Top guy in a major firm first retired, then COVID got him.

 

[bigreader]

WADR I would not highly prioritize this as a means of finding a good lawyer.

Funny, Old Shooter, I feel the same way about "superlawyers" who are often a product of public relations and mutual back slapping rather than expertise.

OP, as you have described it, the will is done, it is simple, the estate is modest and straightforward. You don't need the "best" T&E lawyer (who may not even be interested in the work). You just need to find someone who is both competent and interested. It's always great to get personal referrals, but sometimes that's not possible. And no matter how you get names, you'll still need to vet their interest in the work, their experience and your comfort with them. But this is not rocket science or brain surgery, so please don't stress about getting the absolute best T&E lawyer. You want a competent person that you can work with.

 

[DrRoy]

My FIL had a lawyer for his will, and DW will be the executor. I think she plans to just use the same lawyer.

 

[MarieIG]

Ask family, friends, neighbors for recommendations.

 

[LateToFIRE]

Ask family, friends, neighbors for recommendations.

+1, would be my recommendation as well. Often they will do an initial consult at no charge or limited fee. You can tell a lot by that initial consult. Also, as you ask around ideally your reference would have seen them in action in probate and closing out an estate - because they can be pretty good at setting up the estate plan and disastrous at administrating it.

On the topic of "reasonably priced," if your plan is simple then its not going to cost a lot. If your plan is complex then worth it to hire the best.

 

[Sunset]

OP - If the bank/brokerage accounts have TOD/POD on them, then no probate is needed for them.
Probably do need to probate the real estate if it's not in a trust.

You can set the POD/TOD via online for some brokerages/banks, so if your DF is well enough to online bank, these could be set now if they are not already done.

 

[Texas Proud]

With my experience it is tough. I got one that I thought was good and hired them. They left the work to a junior person and they screwed up a couple of things and was VERY slow in getting things filed. They also did not contact me to tell me what was going on.


I finally complained to the main lawyer and she took over my case.. things got better but I cannot say she was any more than average.



In the end my mom's was not complicated so I worked around the deficits of the lawyer...

 

[OldShooter]

... Funny, Old Shooter, I feel the same way about "superlawyers" who are often a product of public relations and mutual back slapping rather than expertise. ...

Sorry if that is how it is in your market. In ours the selection process is pretty rigorous. In fact our two main lawyers are both on the superlawyer list and I know that they didn't and don't do anything to stay there.

... OP, as you have described it, the will is done, it is simple, the estate is modest and straightforward. You don't need the "best" T&E lawyer (who may not even be interested in the work). You just need to find someone who is both competent and interested. It's always great to get personal referrals, but sometimes that's not possible. And no matter how you get names, you'll still need to vet their interest in the work, their experience and your comfort with them. But this is not rocket science or brain surgery, so please don't stress about getting the absolute best T&E lawyer. You want a competent person that you can work with.

Interesting difference of philosophy here. When I was working it was not uncommon for a hiring supervisor or manager to comment on a candidate like "She's overqualified." and dismiss the idea of hiring that candidate. My reply was always the same: "What do you want? Underqualified?" This was followed by a discussion that if we hire someone who really is overqualified it is our responsibility to make them happy and keep them happy, both for their benefit and the benefit of the company.

So I don't buy your idea of "good enough." I want the best I can find at a cost I can tolerate.

 

[Sojourner]

OP - If the bank/brokerage accounts have TOD/POD on them, then no probate is needed for them.
Probably do need to probate the real estate if it's not in a trust.

You can set the POD/TOD via online for some brokerages/banks, so if your DF is well enough to online bank, these could be set now if they are not already done.

Yes, all the bank/brokerage accounts do have TOD/POD, and I (as power of attorney) already have full access to all of them. Those I'm not worried about at all. The real estate will be the only thing needing legal attention from a professional when the time comes.

Thanks to everyone for all the responses so far. Very helpful, as usual.

 

[JBTX]

I was trying to find a good estate planning lawyer for my parents out of town - I started with Martindale Hubbell website, and called a couple. One of them was very friendly and told me her recommendations of the best in the area - she was elder law and was really looking for an estates and trusts attorney. Also if you have a bank that has a good trusts department talk to somebody there and see what they recommend.

I would assume probate for a simple estate would not be complicated, but IANAL.

 

[FlaMariner]

We asked our Merrill Lynch guy for a recommendation. We've also asked him (the Merrill Lynch guy) when we needed a CPA and a lawyer for family in another town. He called the Merrill Lynch office in the other town to get a recommendation.