The Risks Of Going It Alone
To understand estate planning, you have to recognize that legal matters are rarely straightforward. The laws governing end-of-life decisions and both short-term and long-term estate planning are complex and extend beyond simple codes., so it’s important to navigate these intricacies with a clear perspective.
Some estate planning rules’ are assumed, in a sense, and the only way to explicitly find them is to dig through case law. Even beyond this, uncovering these rules requires that you actually know how to read cases, which few people without years of legal training can do. Another step further, you’ll need to know both how to interpret the cases themselves and how other legal rules apply to them.
In the end, the probability of the average person managing to do this successfully is very slim at best. Because of this, we highly recommend seeking out the help of an attorney – but not just any attorney. The truth is, seeking an attorney who doesn’t specialize in estate planning isn’t likely to help you in a meaningful way since they will not know any of the rules relevant to the practice area of estate planning. Thus, we recommend meeting with someone who focuses exclusively on estate planning.
Handling estate planning without retaining an estate planning attorney is a grave mistake, simply put. Just as you wouldn’t manage your taxes without consulting an accountant or tax preparer due to the complexities and nuances involved, estate planning also demands professional attention.
Attorneys are licensed to provide legal advice and typically carry malpractice insurance, providing an additional layer of protection in case of any unforeseen issues. On the other hand, many online services offering low-cost trust setups are often handled by document preparers or paralegals who do not have the relevant legal background or malpractice insurance that attorneys possess.
Entrusting such important documents to someone you can’t exactly meet with in person, discussing concerns you have in any meaningful depth, or someone who lacks any sort of credentials can be incredibly risky, to say the least. To top it off, they cannot provide you with any legal advice, either. This means they can only do what you instruct them to do.
In our experience with litigation involving trusts and wills, a significant portion of disputes arise from documents that were not prepared by qualified attorneys. Since document preparers tend to lack the extensive understanding of the complexities involved in estate planning required to actually address issues you may have, the documents they create very often contain inherent ambiguities or mistakes that become apparent only during the administration process. This leads to unnecessary confusion, disputes, and, ultimately, litigation.
To illustrate, consider this analogy. Imagine you were out bicycling and fell, breaking a rib, which punctured your left lung. You’ll clearly need surgery. In this situation, would you consult a nurse technician or phlebotomist instead of a surgeon?
The people in these roles are undoubtedly well educated – and may even have some general idea of what procedure you may need and what it would entail – but you can’t argue against the fact that they simply lack the ability to actually perform it and provide accurate medical advice before and after conducting it. Likewise, estate planning necessitates this level of specialized knowledge and legal acuity that only an attorney who has focused a considerable amount of time and effort in the area can deliver.
This is even more critical when you consider that estate planning extends far beyond your own immediate life. It impacts the lives of your loved ones and heirs after you’re gone, and in some ways, even more than it does you. Pursuing what may seem to be cost-saving solutions on the front end may have the veneer of short-term benefits, but in the long run, you may be robbing your loved ones and heirs later down the road. Your decisions now may be the cause of disputes, litigation, and unnecessary stress for those who remain after you’ve passed on.
Viewing what you’d pay an estate planning attorney to help position your estate for success well into the future as an investment in your family and loved ones is key to shifting your mindset if you wrestle with justifying the expenses associated with retaining an estate planning attorney. The peace of mind and protection that you, your family, and your heirs will have in the future is certainly worth the upfront financial cost.
Our Approach To Estate Planning
Our ultimate objective is to empower our clients with the knowledge, tools, and strategies they need to protect their assets, preserve their wealth, and provide for their loved ones, setting them up for success now and for future generations.
Our approach to estate planning is rooted in a deeply personalized, as-needed basis. Every single person and family has unique goals and needs. We take the time to find the particular strategy that best meets your ultimate needs without overlooking your current situation.
Listening is truly at the heart of our process. We prioritize understanding our clients’ desires and concerns, using what we learn to inform how we approach drafting, crafting, and strategizing the vehicles to get them to attain their goals. Ultimately, this is what matters most to us — making sure our clients can achieve their goals and objectives in the best, most responsible and sensible way.
We value long-term relationships with our clients and aspire to be their trusted advisors for life. As a firm committed to longevity, we aim to assist not only our clients but also their families for generations to come. Whether it’s administering their estate after their passing or helping their children, friends, or family members establish their own estate plans, we are dedicated to safeguarding our clients’ wealth and ensuring their legacy endures.
For more information on Retaining An Estate Planning Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 993-0639Â today.