Estate Planning: Beware of Nonlawyers Acting Like Lawyers

When people think about creating an estate plan, they may think it just involves getting a set of
forms that convey their wishes regarding their finances, health, and what will happen to their
stuff when they die.

Although the documents that comprise an estate plan may seem like simple
forms, these important estate planning tools are the legally binding way for clients to manage
their affairs during their incapacity (when they cannot manage their own affairs) or their death.
Relying on nonlawyers to help with estate planning forms or provide legal advice can pose
significant risks.

Many professions should not provide legal advice, but it is not uncommon for
some to cross into legal territory when they have related fields of expertise. Individuals in these
professions must recognize the boundaries of their expertise and refer clients to qualified legal
professionals when estate planning advice is needed. Additionally, consumers should be aware
of these limitations and seek legal help.

Reasons to Be Cautious and Contact an Estate Planning Attorney

Many different types of professionals play important roles in the estate planning process. Some
aspects of the process, however, should be handled only by lawyers. Nonlawyer professionals
do not have the same legal training and expertise that a licensed and experienced estate
planning attorney has. Estate planning requires an understanding of complex legal issues,
including tax implications, property rights, and family law considerations. Relying on individuals who do not have the right qualifications may result in oversights or incorrect applications of law.

Other types of professionals can provide crucial information about your finances, insurance
policies, property, and other relevant issues that contribute to a comprehensive estate plan.
They can also offer expert advice regarding investment strategies, financial products that can
enhance your estate plan, and important tax consequences.

Nonlawyers often provide generic estate planning solutions that are merely templates and do
not address your specific needs and circumstances. Estate planning is highly individualized, and
a one-size-fits-all approach may not adequately protect your money and property or meet your
goals. Attorneys know which questions to ask to prevent or navigate specific legal problems and
provide alternative strategies.

Estate planning laws and probate procedures also vary significantly from one jurisdiction to
another. Nonlawyers may not be well-versed in the specific laws of your state, leading to
incomplete or inappropriate legal documents that may not be legally valid or effective. Between
improperly drafted documents and outdated documents that must be updated as your circumstances change, there is sure to be disappointment when you need your estate plan to work.

In addition, communication with attorneys is protected by attorney-client privilege, which
ensures confidentiality. Most nonlawyers cannot offer the same level of privacy, potentially
jeopardizing sensitive information and creating legal risks.

How to Find a Reputable Estate Planning Attorney

Finding a reliable and experienced estate planning attorney is crucial for ensuring that your
wishes are properly documented, legally protected, and enforceable. Here are some general
strategies to help you find a reputable estate planning attorney, regardless of your location:

• Referrals from friends, family, colleagues, or other professionals you trust for
  recommendations. After you have compiled a list of potential attorneys, search online for
  reviews and testimonials from previous clients to gain insight and find the right fit
• Online legal directories or general online searches to find attorneys based on their practice
  area, location, and client reviews

Crafting the right plan for your unique situation requires working with a professional. If you have
questions about the estate planning process or are ready to get started and would like a
consultation, you can contact Tamara Hensarling Paul with CWMPK at 281-359-0100.