Thoughts on estate planning attorneys...

[Lisa]

My sister and I deal fairly regularly with the lawyer who handled my parents' estate plan, which was drafted about 15 years ago. Now, Dad has died and Mom's in declining health, and my sister and I both feel that we need a lawyer with whom we can communicate better.

My husband and I also have an estate plan, put together by a very competent firm that we are very happy with.

My question is: would switching Mom's affairs over to our lawyers be a bad move? Is Mom's old attorney obligated to turn over all documentation/files to the new firm, or is there usually some kind of contract that we have to retain her services? Is it a faux-pas for the children of a revocable trust to "fire" the lawyer their parents hired years ago?

I know nothing about legal stuff! Can anybody help?

[bradiowausa]

Not an attorney - but I do know that if a CPA tried to keep the client's files after the client fired them, the CPA would loose their license. I would assume that its the same for attorneys.

[crew]

Not exactly the same situation as yours, but when my father died I asked his lawyer for an estimate to settle the estate. This was the same lawyer that drew up the will. He quoted me "approximately $40,000". I had no idea if that was fair or not so I contacted my own lawyer and, after asking some relevant questions, he said $8-9,000.
I gave the job to my guy. He came in under budget. The other lawyer cooperated in handing over his records. He was not a happy camper though.
Moral of the story: Always ask for an estimate.

[Subfiend]

I am a lawyer. Your parents' lawyer is probably expecting to get the work when your mother dies, but he is not entitled to it. Your mother or you can move it if you want to.

True story: my grandmother had an attorney prepare her estate after her husband died without a will and she saw what a hassle this was. She liked this attorney but disliked his partner. Years later, her attorney became the county attorney and left private practice. My grandmother meant to move her business to another law firm but she suffered a stroke first and lapsed into a coma. When I went to the law firm to get a copy of my grandmother's living will to give to the hospital, the remaining lawyer refused to give it to me unless I agreed to hire him to handle my grandmother's estate. My grandmother wasn't even dead yet. I refused and then I later filed ethics charges against the attorney. He lost.

[Lisa]

Thanks, Subfiend. Wow - what a story... no wonder your grandmother didn't like the guy.

Mom resigned as co-trustee, due to her health, so I guess my sister and I have to decide whether to move on to a different attorney. I had no idea fees could vary so much, as John noted.

Appreciate the comments.

[conrail]

The files belong to the client and they can request the entire file at any time. Usually we'll keep copies of the important stuff, especially any CYA stuff ("cover your ass"). Not a faux pas at all - use whatever attorney you're comfortable with (assuming you are the "client" now or can make that decision), just make sure they've actually reviewed all the docs and haven't relied upon what your understand of the setup is.

[Rockrolex]

David (Subfiend) and Conrail are right, Lisa. You can choose any lawyer you want to handle estate matters. Any previous lawyer is obligated to turn over a client's files when requested to do so.

Good luck with whatever decision you make.

[77T]

Lisa
I just went through the process upon my mother-in-law's death, and know that when the time comes it will be an emotional time. I hope all goes well for you and the family. Nothing I am saying is legal advice - consider it good sense gained from experience.

If you have a Trust then there is less of a problem - actually the estate "is" the trust if it's been structured correctly. Of course, I am presuming there has been no change in legal State of residency for your Mom since it was set-up - and that the County Probate Court has the Will on file, and the Secretary of State's office has the latest Trust report. This would have been your Mom's attorney's responsibility.

To your question on the "optics" of such a move, it all depends on the unanimity of the family - your Mom, all direct heirs and any others (like aunts/uncles who pop-up unexpectedly with financial challenges). If you and your sister are sure about changing the trust's legal representative - it is often best to let the new attorney file the transfer of responsibility papers.

A brief courtesy call to your Mom's original counsel is appropriate - and if the conversation begins to turn negative just cut to the chase. Something like "the trustees are unanimous in their resolve to change firms - we thank you for your past efforts and thank you in advance for your cooperation with ________. S/he will be our primary contact going forward." A nice "dear john" letter via Certified Mail Return Receipt Required should memorialize your conversation so there are no questions later.

You are on the right side of the matter to be sensitive to these issues. Good Luck with it - hope that helps.

[Lisa]

Thanks, guys. It's a relief to get some answers.

77T, yes we have a trust that contains the entire estate except for some IRAs. No change in state of legal residency, and all papers on file and current to the best of my knowledge. Our family is small - this is really all on the shoulders of my sister and me. That will help in decision making - we tend to agree on everything.