How to Choose the Right Attorney for Your Needs

When it comes to protecting your family, your assets, and your legacy, one of the most important decisions you can make is choosing the right estate planning attorney. But here’s the catch: not every lawyer practices the same type of law, and hiring the wrong professional can end up costing you time, money, and peace of mind.

The truth is, specialization matters.

Many attorneys practice what’s known as “door law”—a little bit of everything that comes through the door, whether that’s personal injury, divorce, criminal defense, real estate, or estate planning. While these generalists may be competent in several areas, estate planning is complex. The laws are constantly changing, and small mistakes in documents like trusts or powers of attorney can create big problems for your loved ones down the road.

If you’re considering creating or updating your estate plan, it’s important to understand the two primary categories of lawyers who work in this space:

1. Transactional Attorneys

Transactional attorneys focus on planning ahead. They help you put the right legal documents in place so that your wishes are clearly outlined and legally enforceable. In estate planning, this often means creating living trusts, drafting wills, setting up powers of attorney, and ensuring you have proper healthcare directives. A good estate planning attorney will also help you anticipate future needs, minimize taxes, and make sure your estate is distributed smoothly to your chosen beneficiaries.

2. Litigators

Litigators, on the other hand, are trial attorneys. They represent clients in disputes that end up in court, such as will contests, trust challenges, or conflicts among beneficiaries. Litigation requires a very different skill set—advocacy, negotiation, and courtroom strategy—compared to the detailed, preventative work of drafting estate plans. It’s rare for one lawyer to excel at both.

What About Trust Administration?

There’s a third category that can sometimes cause confusion: trust administration. When someone passes away and you’re named as a trustee or executor, you’re responsible for carrying out their wishes. This involves gathering assets, paying debts, filing taxes, and distributing property. In these situations, you’ll want to work with a trust administration attorney who understands both the legal requirements and the practical steps needed to make the process smooth.

Some estate planning attorneys—like our team at Shafae Law—also handle trust administration. This combination of experience is often ideal, because what you learn from drafting estate plans can make you a more effective advisor when administering them, and vice versa.

Finding the Right Fit

So how do you choose the right estate attorney? Start by asking about their focus areas. If they dabble in many unrelated areas of law, that can be a red flag. Look for a professional whose practice is dedicated to estate planning, estate administration, or probate litigation—depending on your specific needs.

Finally, take time to check their reputation. Read reviews, ask for referrals, and make sure their clients feel supported, informed, and confident in the process.

At the end of the day, estate planning is about peace of mind. With the right attorney by your side—one who truly understands your situation—you can feel confident that your family and your legacy will be well protected.

DIY vs. Pro: Why Hiring an Estate Planning Attorney Matters

With so many online tools offering quick estate plan templates or ways to add beneficiary designations, you might wonder why you’d need an attorney at all. While DIY solutions can work for some simple situations, there are important advantages to working with a professional.

Personalization Is Key
Online forms and beneficiary designations often provide a one-size-fits-all approach. However, each family has unique dynamics—like blended families, business interests, or special-needs dependents. Sometimes the circumstance may seem “straight forward”, but after further review, a qualified professional can really add value. An attorney can tailor documents to address these complexities properly.

Avoiding Costly Mistakes
Estate laws vary by state and can change over time. An outdated form or an overlooked clause could result in major headaches for your beneficiaries. An attorney stays up-to-date on legal changes and ensures your documents comply with current regulations.

Strategic Guidance
Beyond drafting documents, a qualified estate planning attorney helps you think strategically about tax implications, asset protection, and long-term care costs. You won’t get this level of insight from a quick online questionnaire.

Beneficiary Designations Aren’t Enough
Naming beneficiaries on accounts is a start, but it doesn’t cover every scenario. If you have real estate, minor children, or a substantial net worth, a holistic estate plan—often with a trust—can be far more protective and flexible. Additionally, beneficiary designations do nothing in the event of incapacity. They only function in the event of death.

Peace of Mind
In the end, working with a professional means you get advice tailored to your life, assets, and goals. You’ll feel confident that your plan truly reflects your wishes and meets all legal requirements.

Choosing the Right Estate Planning Attorney: 5 Key Factors

Selecting a professional advisor can feel overwhelming, especially when it comes to something as personal as estate planning. After all, you’re entrusting someone with your family’s future. Below are five factors to keep in mind when choosing an attorney.

1. Specialized Expertise
Estate planning isn’t just about drafting a will—it can involve complex legal and financial strategies. Look for an attorney who focuses on estate planning, but also handles trust administration and probate. This specialized knowledge can help ensure that no detail is overlooked.

2. Credentials and Experience
Check for relevant degrees, certifications, and years of practice. Our founding attorney, for example, holds an LL.M. degree in taxation and has 17+ years of experience. The right combination of education and hands-on work can make a significant difference in the quality of advice you receive.

3. Clear Communication
Your attorney should explain complex matters in terms you can easily understand. Estate planning documents can be technical, but you shouldn’t be left feeling confused. A good advisor values open, honest communication.

4. Personal Compatibility
Estate planning often involves deeply personal conversations about your family, finances, and future goals. Choose an attorney you feel comfortable with—someone who listens attentively and respects your wishes, but also will provide candid and honest feedback.

5. Ongoing Support
Laws change, and so do life circumstances. You’ll want an attorney who can help you update your plan if you move, marry, divorce, or experience other major life events. A continuous client-attorney relationship ensures your plan remains relevant and effective.

DIY Estate Planning vs. Hiring an Attorney

With the advent of online platforms like LegalZoom and TrustandWill.com, many people are considering DIY estate planning as a cost-effective alternative to hiring an attorney. Let’s explore the differences between these two approaches, focusing on the services offered, the expertise involved, the potential consequences of errors, and the benefits of an attorney's experience in estate administration.

Services Offered

DIY Platforms: Online estate planning platforms provide users with templates and step-by-step guides to create wills, trusts, and other essential documents. These services are often affordable and can be completed from the comfort of your home. However, they are generally one-size-fits-all solutions, which may not account for unique or complex estate planning needs.

Attorneys: Hiring an attorney for estate planning offers a personalized approach. Attorneys can draft custom documents tailored to your specific situation, provide legal advice, and address any unique concerns. They can also help with more complex planning, such as setting up special needs trusts or handling business succession planning. Attorneys listen and react to what you tell them. They offer feedback and follow up questions that an online platform may miss.

Expertise

DIY Platforms: While these platforms offer convenience, they lack the nuanced understanding of estate law that a professional attorney possesses. Users may not be aware of state-specific laws or potential legal pitfalls, leading to incomplete or incorrect documents. Additionally, signing the documents and next steps like funding the trust are completely up to the end user.

Attorneys: Estate planning attorneys are trained professionals with in-depth knowledge of state and federal laws. They can provide comprehensive advice and ensure all legal requirements are met. Their expertise can be particularly beneficial for individuals with substantial or complicated estates. Clients can follow up with the attorney if additional assistance is required.

Consequences of Errors

DIY Platforms: Errors in DIY estate planning can have significant consequences. Mistakes or omissions can lead to disputes among beneficiaries, increased taxes, or even the invalidation of the entire document. The cost savings of a DIY approach can quickly be outweighed by the potential legal fees and complications arising from errors. In estate matters, DIY errors can go undetected until its too late, oftentimes years or decades later.

Attorneys: An attorney's involvement minimizes the risk of errors. They ensure that all documents are correctly drafted, executed, and trusts are funded.

Experience in Estate Administration

DIY Platforms: These platforms do not offer ongoing support or advice once the documents are completed. Users are on their own when a crisis arises and when it comes to administering the estate.

Attorneys: Attorneys leverage their experience in estate administration to inform their planning strategies. They can anticipate potential issues and design plans that streamline the administration process. Their ongoing availability provides peace of mind and support for executors and beneficiaries.

Choosing between DIY estate planning and hiring an attorney depends on your specific needs and circumstances. While DIY platforms offer a cost-effective and convenient solution for straightforward estates, the expertise and personalized service provided by an attorney can be invaluable for complex situations. Ultimately, the peace of mind and protection against errors that an attorney offers may justify the higher upfront cost.

3 Reasons Why Estate Planning is Improved When You Work With a Lawyer

Talking about death can be difficult. It’s also a bit of a downer, to put it mildly. So many of us put estate planning off as long as possible. For most people, hiring a lawyer can elicit a similar reaction. When you put the two together, it’s easy to understand why some people may want to avoid discussing their own death or incapacity altogether. Some try to address their own mortality with as little conversation as possible by creating their estate plan on their own, or by using online resources.

The following are 3 reasons why working with a lawyer can improve the estate planning experience.

Expertise

A certified expert estate planning lawyer has years of training in both estate planning and tax matters. You can rely on that expertise when you ask detailed questions. They can walk you through hypothetical scenarios, tell you why some of your ideas are fantastic approaches, and maybe how some of your ideas aren’t the best way to proceed. An estate planning lawyer can provide detailed advice and counsel suited to your specific situation, knowing they are required to have your best interest in mind. You never have to wonder if their information is inaccurate or outdated, or whether they have others’ interests in mind.

Working with a lawyer creates a dynamic feedback loop. They can ask follow up questions of you when they hear an issue that you may not have even identified yourself. An estate planning professional can help identify blind spots in your thinking and help you resolve them.

Experience

Estate planning lawyers have years of experience working with other clients—both in planning, as well as administering trusts and estates of those who have died. In that experience, they can offer you a wealth of examples that worked out well, and experiences that may not have worked out as the client had intended. They bring this experience into your situation. You receive the opportunity and benefit of years of planning experience on demand. Additionally, when a crisis or issue does arise, the lawyer will be there to advise and support you or your loved ones to help you get through the crisis.

Peace of Mind

Estate planning lawyers are there to support you through this often challenging process. They can provide some levity to what may seem like a heavy topic. They can be a sounding board to inter-family dynamics. Lawyers can provide perspective and context to what can seem like a complicated or overwhelming dilemma. All the while, an estate planning professional will ensure that your documents are drafted accurately, meticulously, and effectively. You can rest assured that your estate planning documents are valid, enforceable, and can withstand any potential challenge. This peace of mind is invaluable.