Estate Planning Attorney Overview

What Does an Estate Planning Attorney Do?

An estate planning attorney helps you create legal documents to protect your assets, provide for loved ones, and ensure your wishes are carried out during your lifetime and after death. They also help families navigate the complex probate process when someone dies.

Estate Planning Documents

Wills

Last will and testament — Distributes assets after death
Names guardians for minor children
Names executors to manage estate
Specifies funeral wishes

Trusts

Revocable living trust — Avoids probate, maintains control
Irrevocable trust — Tax advantages, asset protection
Special needs trust — For disabled beneficiaries
Charitable trust — Tax benefits for charity
Spendthrift trust — Protects beneficiaries from themselves

Healthcare Documents

Living will — End-of-life wishes
Healthcare power of attorney — Medical decision maker
HIPAA authorization — Access to medical records
DNR orders — Do not resuscitate

Financial Documents

Durable power of attorney — Financial decisions
Beneficiary designations — Retirement, life insurance
Bank account titles — POD/TOD designations
Property deeds — Joint tenancy, life estates

Why You Need an Estate Plan

Without a Plan

State law decides how assets are distributed
Court appoints guardian for minor children
Probate is expensive and time-consuming
Family disputes often arise
Higher taxes may apply
No control over end-of-life decisions

With a Plan

You decide asset distribution
You choose guardians for children
Avoid or reduce probate
Minimize family conflict
Reduce taxes
Ensure your wishes are followed

Probate

Probate is the court-supervised process of distributing a deceased person's estate. A probate attorney helps with:

Filing the will with court
Inventorying assets
Notifying creditors
Paying debts and taxes
Distributing assets
Closing the estate

Probate can take 6 months to 2+ years and cost 3-7% of the estate value.

Cost of Estate Planning

Service	Typical Cost
Simple will	$300-$1,000
Will package (will, POA, healthcare)	$500-$2,500
Living trust package	$1,500-$5,000
Comprehensive estate plan	$3,000-$10,000+
Complex/high-net-worth	$10,000-$50,000+
Probate	$1,500-$15,000+

When You Need an Estate Planning Attorney

You have minor children
You own a home
You have retirement accounts
You're married or partnered
You have a business
You have significant assets
You have specific wishes
You're facing serious illness
You're getting older

Most estate planning attorneys offer free consultations to discuss your needs and provide cost estimates.