How to evaluate the legal help you receive during end-of-life estate management

The saying “time is money” couldn’t be more true when it comes to soliciting expertise and guidance from lawyers. As you plan for end of life and complete post death tasks, you will likely need to work with an attorney at some point, either in elder law, estate planning and probate, or even medical malpractice. Here are some practical considerations to keep in mind while searching for the right lawyer, courtesy of the American Bar Association. (Remember that Peacefully offers a curated legal search service to help you find the lawyer that best meets your needs, which you can access by clicking here.)

General considerations - The lawyer’s area of expertise and prior experience are critical. Understanding the general types of cases the lawyer takes on and their case volume will help you determine if they are a good fit. Other considerations include the location of the lawyer’s office, fees associated with their services, and the estimated length of time your specific case may take. 

Quality check - Lawyers are licensed by a state agency in each state. You can check the licensing status of lawyers via The American Bar Association. It is also helpful to see what bar organizations or other professional organizations they belong to. 

Fees - Attorney fees vary by attorney. Below are some sample questions you can ask to better understand their fee structure. This is a conversation you should have during your first call with them. If you need further clarification, ask. Gathering all of this information up front will prevent surprise fees later in your case. 

• What is your billing schedule? Is it bi-weely, weekly or monthly? 

• Do you charge a flat fee or hourly?

• Do you charge for out-of-pocket expenses or incidental expenses such as postage, copies, messenger fees, court fees, deposition fees to name a few? 

• Do you charge a retainer? 

What type of lawyers will you encounter when planning for end of life or completing post death tasks? 

Elder Law - Focuses on preservation of income and assets for use while you are alive. Elder law attorneys specialize in medical and non-medical resources and legal issues specific to older adults. Since the elder law umbrella includes Medicare and Medicaid, an attorney that specializes in these practices may be considered a “Medicare Specialist” and can help you navigate those benefits. They can also support you with Medicare and Medicaid billing and claim disputes. Overall, elder law attorneys help with planning for retirement, estate planning, social security planning, Medicare, Medicaid, Long-term Care, employment discrimination, elder abuse and fraud, and grandparent visitation rights.

Since there are many specialties within Elder Law, most attorneys do not specialize in all of them. It is common for attorneys to specialize in one or two domains. That is why it is important for you to identify what specific topic you need help with and then find an attorney that specializes in that practice. For example, if you are looking for long-term care assistance then you will want to find an elder law attorney that specializes in long-term care. The National Academy of Elder Law Attorneys (NAELA) provides additional questions as well as elder law specific questions to help you evaluate a lawyer. 

Trusts and Estate Law - Some elder law attorneys may also specialize in trusts and estate law. Estate planning is primarily focused on implementing your wishes and distributing your assets in an efficient and tax-advantaged way to your beneficiaries after you have passed.

However, some estates may experience controversies with diminished capacity, illiquid business matters, family conflict, and lack of understanding. There are trust and estate litigators with expertise in conducting trials and navigating the details of the estate administration to help resolve these disputes. It is important to ask about their multijurisdictional footprint when it comes to trusts and estate attorneys. Having an attorney that has internal resources to leverage is helpful because litigation involves many moving parts.

Search for an attorney with trial experience that practices in state and federal courts nationwide. Also look for experience in taxation of trusts, estates, and individuals. 

Certified Public Accountant (CPA) and Financial Advisors - Having a CPA and/or financial advisor on your team is a vital part of your planning. Finances are inherently linked to end of life planning and post-death tasks. A CPA and/or financial advisor can augment your understanding and planning of your financials from cash flow opportunities to risk management. When it comes to finding a trusted advisor, you should ask about their experience and fee structure. Some advisors are paid based on the type of financial product they sell. To avoid biased guidance, find an advisor that provides an hourly or flat fee schedule.  

Medical Malpractice - According to the American Board of Professional Liability Attorneys, medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

When searching for a medical malpractice attorney, knowledge, success rate, and ability to fund the case is most important. Medical malpractice is the most expensive type of personal injury case. With that, you also want to ensure your attorney has the information they need to reach a settlement as soon as possible. 

Wrongful Death - Wrongful death is defined as a civil action against someone who can be held liable for a death. According to Cornell Law School, any tortious injury that caused someone's death may be grounds for a wrongful death action. Qualities to look for in an attorney include extensive trial experience, success with pursuing similar cases as yours, and a compensation structure in which no fees are collected until your case is won.

With how demanding end-of-life planning is, you may not necessarily know what legal help you’ll need. Fortunately, Peacefully also provides a concierge service where you can receive case-specific advice from a trained professional. For more information about our concierge service to or to schedule a free consultation, click here.

— Lesley Hellow