Good lawyer will explain estate planning

Q: We have dealt with two clerks of courts over the past two years. In the county in which my mother died, there were no problems, but when my uncle died, we had several problems with the clerk of court's understanding of his will.

His will was written by a lawyer, but it was very vague and a lot was subject to interpretation. Even though we have a fairly small estate, my husband and I would like to avoid probate so that our children don't have to go through the ordeal we did when my uncle died.

How do we select a good lawyer to help with these matters? Do we need someone who only works with wills and estates?

We are thinking about a reversible trust, but we have heard and read about problems with these. What do we need to know about reversible trusts to know if these are right for us? Are there other ways to avoid probate?

A: As with any professional, you want a lawyer who is experienced and knowledgeable in the area in which you need assistance.

Estate-planning concepts and tax laws are constantly changing, so you might want to seek a lawyer who specializes in estate planning, rather than a generalist. Areas of law overlap, so a lawyer whose practice is not strictly limited to estate planning should be fine, as long as he or she has experience in this area.

Questions to ask

If a lawyer practices in multiple areas of law, ask what percentage of the practice is devoted to estate planning.

Determine the fee arrangement before agreeing to work with someone. Some lawyers will bill by the hour, others will quote a fee for certain services, and others will use a combination of those billing methods.

If there will be an hourly fee, ask whether you will be given an estimate and informed in a timely manner if this estimate will be exceeded. Determine whether a retainer fee is required and if so, ask about the amount.

Ask about availability: How long does it usually take to return phone calls? Also, ask about the expected time frame for completion.

Ask whether you will be working directly with the lawyer or with staff members. If with staff, get information about the employees' education, experience and credentials.

You want someone who will listen to you and take the time to explain estate-planning concepts.

You could begin your selection process by asking about reversible trusts, and dismiss anyone who scoffs at your questions. Consider anyone who politely explains to you that the trust you are referring to is technically a revocable trust (also referred to as a living trust, declaration of trust or an inter vivos trust).

The trust acts as a will substitute and contains instructions for managing your assets upon death, and if funded while you are living, during your life.

You can transfer property to the trust, maintain control and use of all the property while living, name beneficiaries of the property upon your death and revoke or change the trust at any time.

You will be the trustee of your trust while living and a named successor trustee will take over as trustee after your death.

Your lawyer will also want you to name an alternative successor trustee in case the successor trustee dies before you or for any other reason can't serve.

If you decide a trust will be beneficial and your goal is to avoid probate, it makes sense to transfer all of your major assets to the trust while living.

Other ways to avoid probate will be addressed next week.