Estate Attorneys

change 'everyone' to 'most' or even 'many' and you're closer. a good number of people have no assets, they hardly need a will. the next group can get by with a properly executed will. I can't come up with a 'rule of thumb' as to when an estate attorney is in order, but it's more likely 1/3 or fewer people, just my gut. JOE

I would say the less you have and the smarter you are, the less you need an estate attorney.

Wrong. Most people do not have enough assets to bother. Census Bureau data from 2000 shows that the median net worth of 104,644,000 households (not individuals) was only $55,000. Go to

Estate attornies are often times not needed, but if they are ... be advised: they are *expensive*. I had an acquaintance get charge $58,000 for about

If only I could find something that pays me $580 an hour ...

If the executor of an estate is well qualified, there is no reason to have an "estate attorney." It is the executor's job to take over and, if legal problems arise, to hire an attorney on an hourly basis, at a reasonable fee, for the actual legal work done. In the same way, it is the executor's job to hire accountants, tax-preparers, real estate agents, and whatever professionals may be needed, paying their usual fees and commissions. At least, that is the way it is supposed to be in theory. In practice, the executor, who often is a family member, may be inexperienced and feel intimidated, so there is a lot of room for excessive charges and profiteering by various people who become involved in handling the business of the estate.

Are you sure that the *attorney* fees were based on the estate value? I ask because, while it is quite common for states to establish *executor* fees this way (and the attorney could have been working as the executor), it is, I believe, much less common for states to require attorney fees to be based on estate assets.

For example, in Wisconsin: "[B]y law, the attorney cannot base charges for probate services on a percentage of the estate's value. ... The personal representative [executor] has a right to reimbursement ... for time spent carrying out those duties. Payment ... may equal 2 percent of the inventory value of the estate assets."

Actually, I think you're correct. He was likely the executor, who just happened to be an attorney.

In either case, it was quite a pricey situation.

depends how crucial it is to get things right.

Rember NOTHINGS A PROBLEM UNTIL ITS A PROBLEM

my ex-wife had inheirited a house from her mom ,it was a simple will that was basically a canned form. well we refinanced , at the closing the title company stopped the refinance. why? A word was missing from the will,although it said her mom was leaving everything to her daughter it omitted the word that said only child.

i had to pay 3 different attorneys for the day, lost my interest rate i locked in and had to get affidavetes from relatives that she was an only child.

some more thoughts on how nothing is a problem until its a problem.

here in new york attornies use whats more proper protocal than law when executing a will. certain questions are asked that seemed silly at the time but the lawyer asked us questions like

do we know what a will is?

are we of sound mind?

any undue influence?

etc:

without asking those questions anyone contesting a will can open up many avenues of getting the will decalred invaild. Even who the witnesses are and their relationship is key. had i used the simple will kit i would never have known any of this, its especially important in

Why use an estate attorney over a general practioner. BECAUSE NOTHINGS A PROBLEM UNTIL ITS A PROBLEM

my new wife was left a business in a trust from her deceased husbands family. the trust specifically wrote out her husbands estranged children from a previous marriage. What could be clearer..

well it seems since my wifes husband died an early death and at the time his mom was still alive the general practioner who drew up the trust failed to have a sentance pertaining to pre-deceasing .

a 2 year court battle, 100,000 in legal fees and a 400,000 dollar buyout of an inheirited business by the written out step children and we learned how important it is to get the right guy for the right job