Top 5 Questions to Ask Your Estate Planning Attorney

Estate planning is an essential step in ensuring that your assets are managed according to your wishes and that your loved ones are taken care of after you’re gone. Whether you’re looking to secure your wealth, make informed decisions about medical or financial matters, or provide for minor children or special needs family members, having a knowledgeable estate planning attorney can make all the difference. 

At Kirk, Kirk, Howell, Cutler & Thomas, L.L.P., our law firm assists clients through the complex estate planning process. Join us as we explore the top five questions you should ask your estate planning attorney to ensure your plan is comprehensive, effective, and helps you feel confident your wishes are protected.

 

 

 

1. What Experience Do You Have with Estate Planning?

Choosing an attorney with extensive experience working with estate planning clients is crucial for ensuring your estate plan is comprehensive and legally sound. An attorney with a proven track record will understand the nuances of complex legal matters such as wills, living trusts, probate, and tax laws. This experience ensures your plan is tailored to your unique needs, goals, and family dynamics.

Follow-Up Questions to Ask

• How many years have you been providing legal services for estate planning?
• Do you specialize in estate administration or is it one of many areas of your practice?
• Can you provide examples of cases similar to mine that you’ve successfully handled?

Red Flags to Watch For

The attorney is unable to provide concrete examples or references from their estate planning experience.

They seem unfamiliar with specific aspects of North Carolina law, elder law, or tax laws.

The attorney does not focus on your individual needs and instead provides generic advice.

Positive Responses to Look For

• The attorney demonstrates in-depth knowledge of wills, trusts, and probate, showing a clear understanding of your specific situation.
• They offer a personalized approach, emphasizing tailored solutions that align with your goals.
• They have a solid track record of working with clients in similar estate planning scenarios, providing reassurance and confidence in their expertise.

2. What Experience Do You Have with the Probate Process?

The probate process can be time-consuming and complicated for family members during an emotional time, often involving court supervision of the distribution of your assets. An experienced estate planning attorney should be familiar with the probate process to help your beneficiaries navigate the complexities, minimize delays, and avoid unnecessary expenses.

Follow-Up Questions to Ask

• How much experience do you have with probate cases?
• Can you explain the steps involved in the probate process in North Carolina?
• How do you help clients and their families reduce the cost of paying bills for probate-related costs and delays?

Red Flags to Watch For

The attorney lacks experience or seems unfamiliar with the specifics of the probate process in NC.

They don’t discuss ways to minimize probate costs or the potential complications that can arise during probate.

The attorney provides vague or unclear answers about probate procedures.

Positive Responses to Look For

• The attorney has extensive experience handling probate cases and is familiar with the complexities of North Carolina law.
• They clearly explain the probate process, legal documents involved, what to expect, and how to avoid common issues such as delays and high costs.
• They offer strategies, such as establishing living trusts, to help reduce the need for probate and simplify asset distribution.

3. How Can You Help Me Minimize Estate Taxes?

Choosing a North Carolina estate planning attorney with expertise in minimizing estate taxes is essential to ensure your estate plan is tax-efficient. An experienced estate planning lawyer can guide you in utilizing strategies such as living trusts and living wills, gifting and charitable giving, and other tax-related topics to reduce the tax burden on your estate. The attorneys knowledge of tax law helps preserve more of your wealth for your beneficiaries.

Follow-Up Questions to Ask

• How do you approach minimizing estate taxes for your clients?
• Can you explain some strategies that could benefit my estate and minimize taxes?
• Have you worked with clients who have significant assets or complex financial situations?

Red Flags to Watch For

The attorney cannot explain specific strategies for reducing estate taxes.

They are unfamiliar with the latest North Carolina estate tax laws or federal tax regulations.

They push one solution without considering your unique circumstances or goals.

Positive Responses to Look For

• The attorney presents multiple strategies for reducing estate taxes and explains how they would apply to your situation.
• They show a clear understanding of tax laws and how to navigate them for the benefit of your estate.
• They offer a personalized approach, ensuring the strategies align with your family’s needs and future goals.

4. What Are My Options for Trusts and Wills?

Understanding the different types of trusts and a last will and testament is crucial for creating a comprehensive estate plan. A knowledgeable Raleigh estate planning attorney will guide you through your options, helping you choose the best structure for your family’s needs. Whether it’s a revocable trust, irrevocable trust, or simple will, your attorney’s expertise ensures your wishes are clearly outlined and legally binding.

Follow-Up Questions to Ask

• What types of trusts would be most beneficial for my estate?
• Can you explain the advantages and disadvantages of a revocable trust versus an irrevocable trust?
• How do you ensure that my will is legally sound and reflective of my wishes?
• How do you handle situations where there may be potential family disputes over my will or trust?

Red Flags to Watch For

The attorney suggests only one option without discussing other possibilities or explaining their benefits.

They do not address the importance of a will or trust in estate planning.

The attorney’s explanation of trusts and wills is vague or overly simplistic.

Positive Responses to Look For

• The attorney offers a clear explanation of different trust and will options tailored to your needs.
• They take the time to answer questions, ensuring you understand the pros and cons of each option.
• They recommend a combination of strategies that will best protect your estate, handle family issues if they arise, and reflect your intentions.

5. How Will My Estate Plan Be Updated Over Time?

An estate plan is not a one-time event; it needs to evolve as your life and the law change. A knowledgeable North Carolina estate planning attorney will help you review and update your plan regularly to reflect major life events. These might include marriage, birth of children, long term care planning, changes in your financial situation, power of attorney for medical decisions, or updates to specific needs involving property, business, and other assets. Regular updates ensure that your estate plan remains effective and aligned with your goals.

Follow-Up Questions to Ask

• How often do you recommend reviewing and updating my estate plan?
• What major life events should prompt a review of my estate plan?
• How do you stay up-to-date with changes in tax and estate laws?

Red Flags to Watch For

The attorney suggests no regular updates or gives a vague answer about how often the plan should be reviewed.

They do not consider changes in family dynamics or financial circumstances when advising on updates.

The attorney doesn’t discuss the importance of updating your plan as laws and regulations change.

Positive Responses to Look For

• The attorney provides a clear process for reviewing and updating your estate plan regularly.
• They emphasize the importance of staying current with life changes and legal updates.
• They proactively offer to schedule follow-up meetings to ensure your plan remains aligned with your goals.

Why Partner with Our Trusted Estate Planning Lawyers

At Kirk, Kirk, Howell, Cutler & Thomas, L.L.P., we’ve built a legacy of excellence in estate planning and legal representation. Since 1957, our firm has upheld the highest standards of integrity, commitment, and client-focused service.

Here’s why clients choose to partner with us for their estate planning needs:

• Decades of Experience: With over 60 years of legal practice, we bring a wealth of knowledge to your estate planning.
• Proven Track Record: Our success in both State and Federal Courts ensures we have the skill to handle complex estate planning matters.
• Ethical Standards: We adhere to strict ethical guidelines, offering you transparency and confidence in every step of your estate planning process.
• Personalized Attention: We take a hands-on approach, working directly with you to understand your unique needs and goals.
• Client-Centered Service: Our clients benefit from clear communication, practical strategies, and effective solutions tailored to their individual situations.
• Trusted Legal Team: Our attorneys are committed to protecting your rights, providing thoughtful, compassionate legal counsel.

Contact Our Experienced Raleigh Estate Planning Attorneys Today

Reach out to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. for personalized and professional guidance on your estate planning needs. Our team of trusted attorneys in Wendell is ready to help you navigate the complexities of protecting your assets and securing your family’s future.

Contact us today to schedule your initial consultation by calling (919) 365-6000 or filling out our easy-to-use contact form to get started.