For many estates, the estate attorney is the shepherd who guides the executor and family through the storm and to a place of settlement.  Some estates are simple.  Some estates are complex.  Some families are agreeable.  Some are not.  Many factors contribute to the estate settlement experience.  However, just as there are vast differences between estates and families, not all estate attorneys are created equal.

Estate Administration can be an arduous task.  Choosing a good estate attorney who understands the needs of the estate, and the family behind the estate, is one of your most primary tasks as an executor.  Taking the effort to choose an attorney is worth your time.  With average estates taking 500 or more hours to conclude, often with some challenges and stressful moments, engaging someone you can trust and work with is paramount.  It can be an emotional experience.  It can be a difficult time.  Selecting someone who works well with you as the executor of the estate, and on behalf of the estate, can make all the difference.

“If you’re facing the responsibility of settling a loved one’s estate, choose someone who understands not just the law, but the weight of the role you’re carrying.”

-Stephanie Hopkins, President, Blaque Wall Street Title LLC

Researching Potential Probate Attorneys

Thank you to Matthew Erskine, Esq., Erskine and Erskine, for his assistance.
Thank you to Bracha Etengoff, Esq., Bracha Law, for her assistance.
Thank you to Tracy Jones, Esq., Jones Law Office, LLC, for her assistance.
Thank you to Stephanie Hopkins, Blaque Wall Street Title LLC, for her assistance.

Personal Referrals and Professional Networks

• Ask community members for recommendations. Ask them to share their experience and any feedback they have about the attorney. Look for an attorney well-established in the community with many years of practice in the field of estate administration and probate.
• Ask for recommendations from trusted friends, family members, or colleagues who have gone through the estate process themselves. Personal referrals often provide valuable insights about an attorney’s expertise, communication style, and effectiveness.
• Ask for recommendations from your existing legal and financial professionals, such as accountants, financial advisors, or other attorneys, who can often recommend qualified estate attorneys.

Professional Directories

The internet offers numerous resources for locating and vetting estate attorneys. When conducting online research, focus on finding attorneys who specialize in probate rather than general practitioners.

• ACTEC | The American College of Trust and Estate Counsel
  Directory of ACTEC Fellows, peer-elected trust and estate attorneys
  https://www.actec.org/find-a-lawyer/

• Martindale-Avvo Directory
  Peer-rated; client-reviewed attorneys by discipline. Directory…
  https://www.martindale.com/areas-of-law/wills-and-probate-lawyers/

• State/County/City Bar Associations
  Many have directories by discipline, i.e. Trust, Probate, Estate Attorney
  Many state bar associations have disciplinary records that can be accessed by the public.

Note! Referrals and recommendations are a great starting place, as are directories, but the first goal is a short list of good estate attorney candidates, not an estate attorney.  Not yet. List first.

Online Reviews

One might assume that every good review is written by a firm’s partner’s brother-in-law or a paid marketing consultant.  Likewise, one may assume that all bad reviews are written by the competition or their marketing consultant.  Bear this in mind when you read Google, Facebook, or other inline reviews.  Nonetheless, read them.  It is a part of the essential research, and up to you what weight you attach to any review, good or bad.  Yet in the aggregate, they can help to provide some insight along with other elements of the vetting process.

Look at the Law Firm’s Google Reviews. Reviews indicate how well connected an attorney is with their clients. Make sure the Firm responds to their reviews as this indicates they pay attention to detail, care about and are responsive to their clients.
– Tracy Jones, Esq., Jones Law Office, LLC

Prep Yourself for Initial Meeting

Gather relevant documents to garner a basic understanding of the scope of the estate.

• The Will
• Insurance policies
• Financial account statements
• Property ownership documents
• Debt balance statements
• Summary description of the real property (real estate)
• Summary description of the personal property (physical, untitled belongings)

While this list does not have to be perfect at this stage, it will help prospective attorneys understand the estate size and scope.

Assessment

• State Law will determine if the deceased’s estate must pass through Probate.
• Does the estate qualify as a small or simple estate?
  State Law will determine what size of estate qualifies
• Be aware of some factors that may complicate an estate:
  • Significant assets (i.e. over $2 million)
  • owning property in multiple states
  • having children from multiple marriages, missing heirs, a contentious family
  • ownership of assets like a business, a collection, or investment real estate
  • Other?

Initial Meeting with Estate Attorney Candidates

Meet with the attorney prior to hiring. This is the only way to test their knowledge and their willingness to communicate with you regarding your specific needs.
– Tracy Jones, Esq., Jones Law Office, LLC

Interview Questions: The Basics

1. How much time have you been practicing law?
2. How much time have you been practicing probate?
3. What percentage of your practice does probate and estate administration make up?
   No, not Estate Planning.  No, not Elder Law.  Probate and Estate Administration.
4. How many probate/estate cases have you handled?
5. Are you familiar with the probate court and judges in the estate jurisdiction?
6. How many probate cases have you processed in this jurisdiction?
7. What is your experience in handling situations like mine?
8. What other areas of law do you cover?
9. Please tell me about your firm’s resources.

Interview Questions: Communications

1. Will you work directly with me, or will associates or paralegals handle my case?
2. How often will I speak directly to you, the estate lawyer, for an update?
3. Will you work directly with me, or will associates or paralegals handle my case?
4. How quickly do you typically respond to emails or calls?
5. Will updates come via email, phone, video call, or in-person meetings?
   (Are you able to choose what works best for you, the executor?)
6. How often will you receive updates about the progress of the case? Will they check in weekly, monthly, or only when there are major developments?
   Tip: Request, at a minimum, bi-weekly or monthly video case updates.

Interview Questions: Ways of Working

1. How do you use technology – asset searches like Trustate, NotifyNOW, EstateExec, document preparation?
2. Will we, the estate, be able to access these platforms?
3. Who will do most of the work on my case (eg, paralegal/associate/partner/solo) – and what is their rate?
4. What is your recommendation for handling the estate bookkeeping?
5. Do you have any objection if I hire my own accountant? Do you have someone you work with if I do not?
6. Ask how they handle real estate matters within the estate.
7. Describe the circumstances under which you would recommend mediation.
   Court ADR resources or independent neutral?

Interview Questions: Compensation

1. How do you structure your compensation? Matt
2. What is included in your fee? Matt
3. What is your billing schedule? Matt
4. How do you charge-hourly, flat fee, or percentage of the estate? BE
5. Can you provide a written fee agreement? BE
6. What other costs should I expect (court fees, filings, etc.)? BE

Interview Questions: Potential Engagement

1. Can you walk me through how my case would proceed?
2. Do you foresee any complications in my situation?
3. Have you handled estates of similar size or complexity to mine?
4. Are you licensed in this state and in good standing with the bar?
5. Can you provide references from past clients?
6. Disengagement: Can you summarize the disengagement clause in your agreement? GC
7. When do you expect to have my paperwork ready to file, if I retain you now?

Retainer Agreement: Tips

It is your responsibility as the estate fiduciary to read, question and understand any agreement you sign on the estate’s behalf, including the estate attorney.

• Never sign a retainer agreement at the initial meeting.
• If the attorney has not already offered one, and you are interested in retaining their services, you might ask, “Can you send over a copy of your retainer agreement so I can take a look at it?”
  This indicates your interest, however makes no commitment. You should carefully review the retainer agreements of your finalist attorneys and highlight any areas you would like to question.
  • A little back and forth (Q&A) about any attorney’s agreement is expected.
  • This back and forth over the agreement is instructive.
    As you get into the discussion of an attorney’s agreement, you will get a true sense of how they are to work with – patience, flexibility, communication skills, response time, etc.
• Optional Question to attorney: Do you mind if we attach this discovery document to your agreement?

Post Initial Meeting Assessment

• Has the attorney asked about the relationships in the family?
• Has the attorney asked about the possibility of unknown heirs?
• Has the attorney asked about the possibility of family challenges?
• Did the attorney mention the use of mediation in the case of an estate dispute?
• Do you get a feeling that this is someone you will be comfortable working with?
• Do you sense that the attorney is aware of your grief?
• Clarity – Are legal terms and next steps explained in everyday language, or do you feel like you need to interpret legal jargon?
• Rate your understanding of the attorney’s explanations
• Did the attorney ask questions?

Red Flags to Watch For

– Vague answers or evasion.

– Unwillingness to provide references.

– High-pressure tactics.

– No written agreement or fee transparency.

– Disciplinary reports filed with the bar association.

When you are in the process of choosing an estate attorney, their ability to demonstrate empathy and genuine care for their clients is just as important as the qualifications and experience they have in the field.
Empathy for lawyers requires a delicate balance. We must understand and care about our clients’ feelings and experiences, but also remain objective to provide them with our best counsel.
– Bracha Etengoff, Esq., Bracha Law

Acknowledgements

Executorium.com would like to thank the following individuals for their contributions to this article.

Bracha Etengoff, Bracha Law
Matthew Erskine, Erskine & Erskine
Stephanie Hopkins, Blaque Wall Street Title LLC
Tracy Jones, Esq., Jones Law Office, LLC