When Do You Need To Hire An Estate Attorney?

Law Blog

Estate planning can be a complex and overwhelming process, especially when it comes to legal matters. That's where an estate attorney comes in. An estate attorney specializes in helping individuals plan for the distribution of their assets after they pass away. While many people may think that hiring an estate attorney is only necessary for the wealthy, the truth is that anyone can benefit from their services.

Planning Your Will or Trust

One of the most common reasons people hire an estate attorney is to help them create a will or trust. A will is a legal instrument detailing the distribution of your assets upon your passing. It also allows you to name guardians for minor children and specify funeral or burial wishes. Conversely, a trust is a legal entity that assumes ownership of your assets and disperses them as per your directives after your passing. An experienced estate attorney can guide you through the process of creating these documents and ensure that they are legally sound and accurately reflect your wishes.

Protecting Your Assets

Another situation where hiring an estate attorney is crucial is when you want to protect your assets from creditors or potential lawsuits. Estate attorneys can help you set up trusts or other legal structures that can shield your assets from potential risks. They can also assist with transferring ownership of property or assets to minimize tax implications.

Family Business Succession Planning

If you own a family business, it's essential to have a plan in place for what happens after you retire or pass away. An estate attorney can help you create a succession plan that ensures the business continues smoothly without any disputes among family members. This includes setting up trusts, buy-sell agreements, and other legal structures to transfer ownership effectively.

Managing Incapacity

No one likes to think about it, but there may come a time when you are unable to make decisions for yourself due to illness or injury. In these situations, an estate attorney can help you set up powers of attorney and other legal documents that give someone else the authority to make decisions on your behalf. This can include financial decisions, medical decisions, and more.

In conclusion, hiring an estate attorney is crucial in many different situations related to estate planning and administration. Whether you're creating a will or trust, protecting your assets, or planning for incapacity, an experienced attorney can guide you through the process and provide valuable advice. 

Contact an estate planning services provider like Tom Hoyt Attorney, P.C. to learn more. 


7 June 2024