How to Be Estate Planning Attorney - Job Description, Skills, and Interview Questions

Dec 20, 2022 / 6 Minutes Read / By Albert

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Estate planning is an important process to ensure that a person's property and assets are managed and disposed of according to their wishes. An estate planning attorney can help individuals create a comprehensive plan that covers their needs, such as setting up trusts, creating wills, and managing taxes. Without proper estate planning, assets can be distributed in a way that is not in line with the individual's wishes, or may be subject to an excessive amount of taxation.

an estate plan can help protect minors or those with special needs, as well as provide for a smooth transition of property and assets after the individual's death. It is essential for an individual to have an estate planning attorney to ensure that their wishes are respected and that their estate is handled properly.

Steps How to Become

Earn a Bachelor's Degree. The first step to becoming an estate planning attorney is to earn a bachelor's degree from an accredited college or university. Most law schools require applicants to have a bachelor's degree with a major in a relevant field, such as finance, economics, business, or accounting.
Take the Law School Admissions Test (LSAT). The LSAT is a standardized test that must be taken in order to gain admission to law school. It is administered by the Law School Admission Council (LSAC) and tests the reading and verbal skills of the applicant.
Apply to and Attend Law School. After completing the LSAT, the next step is to apply to and attend law school. During law school, you should focus on courses that will prepare you for a career in estate planning, such as tax law, trusts and estates, elder law, and advanced estate planning.
Take and Pass the Bar Exam. After graduating from law school, you must take and pass the bar exam in order to become a licensed attorney. The bar exam is administered by each states Board of Bar Examiners and tests the applicants knowledge of state and federal laws.
Obtain Practical Experience. After passing the bar exam, it is important to obtain practical experience in estate planning. This can be done by working as an associate at a law firm that specializes in estate planning or by taking on pro bono cases.
Get Certified. After gaining sufficient experience in estate planning, you may want to get certified as an estate planner. In order to do so, you must take and pass an exam administered by the American College of Trust and Estate Counsel (ACTEC).
Maintain Certification. In order to maintain certification as an estate planner, you must participate in continuing education courses and keep your knowledge up to date on changes in estate planning laws.

Estate planning is an important process for anyone looking to protect and manage their finances and assets. It involves creating a plan to ensure that your desires are carried out after you pass away, as well as managing your finances while you are still alive. To ensure that your estate plan is effective and efficient, it is important to seek the guidance of an experienced and competent estate planning attorney who can provide advice on the best strategies to utilize.

An attorney can help you develop a comprehensive estate plan, determine which type of trust or will works best in your situation, and provide guidance on taxes and other legal concerns associated with estate planning. With the help of a qualified estate planning attorney, you can create an effective strategy that will protect your financial interests, reduce taxes, and ensure your wishes are met after you pass away.

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Job Description

Draft and review estate planning documents, such as wills, trusts, and other legal instruments.
Represent clients in court proceedings related to estate planning matters.
Draft and review powers of attorney and health care directives.
Educate clients on estate planning topics, such as inheritance and taxation laws.
Negotiate and settle disputes over estates.
Research and analyze case law related to estate planning matters.
Advise clients on charitable giving options and techniques.
Develop strategies to minimize estate taxes and maximize inheritance for clients.
Respond to inquiries from executors and beneficiaries about estate administration and probate matters.
File petitions in probate court to administer estates.

Skills and Competencies to Have

Knowledge of tax law
Knowledge of estate planning
Ability to interpret legal documents
Understanding of Medicaid, Social Security, and Medicare laws
Ability to explain complex legal concepts in a straightforward and understandable manner
Familiarity with the probate process
Excellent written and verbal communication skills
Strong client management skills
Proficiency in drafting legal documents
Knowledge of trust and estate administration
Experience with asset protection planning
Familiarity with business succession planning
Ability to handle complex financial transactions
Expertise in working with high-net-worth clients
Ability to think strategically and creatively
Detail-oriented and organized approach to work
Understanding of financial planning principles

Estate planning attorneys possess a variety of important skills necessary to properly guide their clients through the process of planning for their future. One of the most important skills an estate planning attorney must have is the ability to think strategically. This means that the attorney must be able to anticipate potential problems and devise effective solutions for them.

Furthermore, an estate planning attorney must be able to clearly explain complex legal concepts in a way that the client can easily understand. In addition, an estate planning attorney should have an in-depth knowledge of the tax laws and regulations pertaining to the transfer of assets, as well as the ability to effectively negotiate with insurance companies and other entities involved in the estate planning process. Finally, an estate planning attorney should be able to provide emotional support and understanding as their client goes through the difficult process of making decisions that will affect their future.

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Frequent Interview Questions

What experience do you have in estate planning?
How familiar are you with the current estate planning regulations?
How do you stay up to date on changes in the estate planning field?
What strategies do you use to ensure that your estate planning advice is comprehensive and accurate?
What steps do you take to keep clients informed of changes in their estate planning documents?
How do you help clients develop a long-term plan for their estate?
How do you ensure that your clients wishes are accurately reflected in their estate plans?
What techniques do you use to explain complex estate planning concepts to clients?
Do you have experience working with special needs trusts or other types of trust instruments?
How do you handle conflicts of interests between family members in the estate planning process?

Common Tools in Industry

Will. A written document that states how a person's property and assets should be distributed after death. (e. g. Last Will and Testament)
Trust. A legal entity that holds assets for the benefit of a person or group of people. (e. g. Living Trust)
Power of Attorney. A document that allows an individual to designate someone to act on their behalf in legal or financial matters. (e. g. Durable Power of Attorney)
Healthcare Proxy. A document that allows an individual to designate someone to make healthcare decisions on their behalf in the event they become incapacitated. (e. g. Advance Medical Directive)
Estate Tax Planning. Strategies used to reduce the amount of estate taxes owed on a deceased individual's estate. (e. g. Gifting, Charitable Donations)
Living Will. A document that states a person's wishes regarding medical treatment if they become incapacitated. (e. g. Living Will)
Guardianship. A court-appointed position in which a person is designated to make decisions on behalf of another person who is unable to make their own decisions due to age or disability. (e. g. Appointment of Guardian)

Professional Organizations to Know

American Bar Association (ABA)
American College of Trust and Estate Counsel (ACTEC)
National Academy of Elder Law Attorneys (NAELA)
National Network of Estate Planning Attorneys (NNEPA)
National Association of Estate Planners & Councils (NAEPC)
American Academy of Estate Planning Attorneys (AAEPA)
Society of Trust and Estate Practitioners (STEP)
International Academy of Trust and Estate Attorneys (IATEA)
The WealthCounsel Companies
The American College of Tax Counsel (ACTC)

We also have Elder Lawyer, Family Law Attorney, and Probate and Wills Attorney jobs reports.

Common Important Terms

Last Will and Testament. A legal document that outlines how a person wishes to distribute their assets and property upon their death.
Trusts. An arrangement where a person (the Trustor) transfers ownership of their assets to another individual (the Trustee) to manage on behalf of designated beneficiaries.
Power of Attorney. A legal document that grants an individual the authority to act on behalf of another individual in a legal or business capacity.
Probate:The process by which a court determines the validity of a will and distributes a deceased persons assets according to the will or applicable state law.
Estate Tax. A tax imposed on the transfer of assets from a deceased person to their beneficiaries.
Gift Tax. A tax imposed on gifts given by an individual during their lifetime.
Living Will. A legal document that outlines an individuals wishes and preferences regarding medical care in the event that they are incapacitated and unable to make decisions for themselves.

Frequently Asked Questions

What is an Estate Planning Attorney?

An Estate Planning Attorney is a lawyer who specializes in helping individuals and families develop plans for the transfer of assets upon death or incapacity.

What services does an Estate Planning Attorney provide?

Estate Planning Attorneys provide services such as creating wills, trusts, and other estate documents, providing guidance on tax planning and asset protection, helping to establish guardianship and conservatorship arrangements, and assisting with probate and trust administration.

What is probate?

Probate is the court-supervised process of administering a deceased person's estate. It involves validating a will, collecting the deceased person's assets, paying creditors, and distributing the remaining assets according to the will or state law.

What is a trust?

A trust is a legal agreement between a grantor (the creator of the trust) and a trustee (the person responsible for managing the trust). It is used to manage and distribute assets for the benefit of beneficiaries.

How much does it cost to hire an Estate Planning Attorney?

The cost of hiring an Estate Planning Attorney varies depending on the complexity of the estate plan. Generally, attorneys charge an hourly rate or a flat fee for basic estate planning services.

Web Resources

Estate Planning | University of Miami School of Law - law.miami.edu www.law.miami.edu
estate planning | Wex | US Law | LII / Legal Information Institute www.law.cornell.edu
MSU Extension - Montana State University | Montana State www.montana.edu