1) Question: What is the level of Experience?
Answer: With over thirty five years of experience and a background in tax and contract law, my experience in handling numerous estate planning issues is extensive.
2) Question: How long will it take to develop an estate plan?
Answer: It depends on the level of complexity. Each client has different goals and requirements and each estate plan is uniquely tailored to the individual(s). An estate plan is not something that can be taken “off the shelf”.
3) Question: Does the attorney enable review of documents?
Answer: Yes. There are numerous opportunities to review all documents to make sure that all needs, now and into the future, are met and all questions are answered. My office has a 24/7 concierge enabling clients to drop off documents if they wish. I also retain a client portal system where client can ask questions about any aspect of their estate plan.
4) Question: Can the attorney advise on revocable living trusts?
Answer: Yes. There are many suitable trusts that can protect assets, and a review is done of all the appropriate methods to secure long term protection of assets. The best method(s) are selected to suit the needs and the circumstances.
5) Question: Does the attorney provide periodic reviews of documents?
Answer: Yes. Clients are encouraged to periodically review their documents with me, particularly when changes to their situations occur, e.g. births, deaths, marriages, disability, and relocations. My private client portal is available for convenient review of documents throughout the process of planning.
6) Question: Does the attorney charge a fixed price?
Answer: There is a client/attorney agreement that is signed by both the client and attorney which outlines the details of the scope of work. In some cases the most expeditious billing can be fixed price. In other circumstances and with more complex estate plans the client is advised of what the billing arrangements will be prior to beginning the estate planning process. I seek transparency in all billing arrangements and encourage clients to ask questions about financial arrangements.
7) Question: What happens if the attorney is not available?
Answer: I personally handle all inquiries and use various methods to keep in communication with my clients, including a specific client-centered computer system. I can travel to clients for meetings and there is a concierge available 24/7 to receive documents from clients. If they have questions, my clients are never assigned to a ‘junior’ person for answers. During the recent COVID crisis I am able to arrange for safe protocols so that my clients are able to develop the documents they require.
8) Question: What happens if unexpected issues arise in the process?
Answer: In estate planning, one can anticipate to ‘expect the unexpected’. An estate plan is a process which can change over time e.g. a client’s estate plan is affected by a birth, death, accident, relocation, tax law changes; or divorce/marriage/remarriage or bankruptcy. When events occur the estate plan can be refocused to accommodate changes. I encourage clients to keep in touch with me as the process advances.
9) Question: Is the attorney primarily an estate planner?
Yes. My primary focus is estate planning; incorporating wills, probate, trusts, taxation and contracts. I hold membership in attorney bar associations as well as specialized estate planning organizations like the American College of Trust and Estate Counsel (ACTEC).
10) Question: How do I avoid the probate process?
Answer: Avoiding the costly and public probate process is a key element to estate planning, but it is not the only focus. Making the transition of assets as problem-free as possible and avoiding probate is the goal which I can achieve for my clients.
I would add to the above list, two additional questions to ask your estate planning lawyer:
11) Question: Can you work with my other trusted advisers, e.g. my financial adviser?
Answer: Yes. An estate plan is often the result of a collaboration of client(s), estate planning attorney and other trusted advisers of the client. I invite input from all relevant sources to create a solid plan best suited to my client’s future.
12) Question: If something happens to me, will my estate planning attorney be able to offer my family the necessary help with carrying out the details of my estate plan?
Answer: Yes. My relationship with my clients does not end with the fulfillment of the estate plan process. It is not unusual that family members will seek legal help/assistance to work through the details of the elements of the estate plan when a loved one is incapacitated or dies. I am available to answer their questions and offer guidance and help when needed.
I have been an estate planning attorney for a long time and always encourage my clients to ask questions about the process- before we begin and during the work.
There are no ‘bad’ questions…only the question that is not asked.
Most clients have never done an estate plan and my goal is to make the work of creating their plan as easy and fulfilling as possible by using my four step approach.
You can access infographics on my website (www.attorneybarbardalvano.weebly.com) that help to clarify the process. The infographics are titled:
Pathways of Estate Planning
The Building Blocks of Your Estate Plan – Four Step Approach
How to Plan For Your Attorney Meeting
Building a Strong Estate Plan – It’s All About You
Your Estate Planning Team
Clients have told me that during and after the estate planning process they feel “happier” and more secure about their future and the future of their loved ones. That is the goal we can achieve together!
Remember, in life we can all hope for good outcomes, but hope is not a strategy.
Working To Preserve Your Wealth and Protect Your Assets…in a Constantly Changing World
Please read my full Disclaimer and How I Can Help You
Visit my website: www.attorneybarbaradalvano.weebly.com for additional articles, information about free webinars and printable infographics