Attorneys

What to look for when selecting an ethical Wills, Estates, Probate & Trusts Attorney:

Remember, when you hire an attorney you are paying for a service and you should be satisfied with the quality of that service. They should return your phone calls promptly, communicate with you personally and keep you updated on the status of your case. The attorney should also discuss the terms of your contract, including fees, up front. If you believe your attorney's performance is less than stellar, realize that you can replace them at your own discretion.

Interview them to decide which attorney you would like to handle your case. This interview takes place at an initial consultation. Don't expect your case to be solved during this visit. Consultations usually last 30 minutes so be prepared. Here are a few tips to get you ready.

• Write down your story, in your own words before your meeting to organize all of your thoughts;

• Make sure to bring copies of any documents that may affect your case;

• Give your attorney any names or dates that affect your case so the attorney has an idea of who is involved;

• Be prepared to answer all the attorney's questions; the attorney knows which questions to ask to help you;

• Always tell the truth even if you think some details may hurt your case.

• Don't lie or exaggerate the facts;

• Avoid becoming too emotional;

• Make sure you feel comfortable before leaving the attorney office. Don't be afraid to ask questions.

Questions to ask an attorney:

1. How long have you been in business?

2. Do I need legal representation for my problem?

3. Have you handled cases like mine in the past?

4. What have results been on my type of case?

5. Will you be handling my case personally? If not, what kind of work will you be doing and who will be doing the rest of the work?

6. How available are you for meetings and phone calls?

7. How do you handle fees? Get a written retainer including:

   • Charges: Do you charge by the hour, a flat rate or contingency?

   • Services that are included

   • Extra fees that will be assessed

   • How you will be billed

8. What are the possible outcomes in cases such as this?

9. How long do you expect this matter to take?

10. What are my alternatives?

11. Do you recommend arbitration or mediation?

Wills, Estate Planning, Probate & Trust Law Tips:

1. BE A LITTLE WARY OF AN ESTATE PLANNER WHO TRIES TO SELL YOU ANY FINANCIAL PRODUCTS OR INVESTMENT PRODUCTS (MUTUAL FUNDS OR ANNUITIES FOR EXAMPLE.) MOST ATTORNEYS ARE NOT FINANCIAL OR INVESTMENT ADVISORS. THEY PROBABLY DON'T KNOW ENOUGH TO MAKE A GOOD RECOMMENDATION AND THEY ARE PROBABLY MOTIVATED BY SELFISH REASONS IF THEY ARE TRYING TO SELL YOU SOMETHING OTHER THAN LEGAL SERVICES.IT MAY ALSO BE UNETHICAL FOR AN ATTORNEY TO DO THIS. CONSULT A QUALIFIED FINANCIAL PLANNER BEFORE MAKING ANY INVESTMENT DECISIONS.

2. WHEN CONSULTING AN ATTORNEY FOR ESTATE PLANNING, BE WARY OF THINGS THAT SEEM TOO GOOD TO BE TRUE."ABSOLUTELY SAFE" AND "RISK FREE" ARE TERMS THAT SHOULD MAKE YOU CAUTIOUS. LAWS CAN CHANGE. CREDITORS CAN BE VERY AGGRESSIVE IN TRYING TO SET ASIDE YOUR PLANS. WHEN DEVISING AN ESTATE PLAN, YOU SHOULD NOT PLACE ALL YOUR EGGS IN ONE BASKET OR ONE TYPE OF INVESTMENT FOR EXAMPLE. DIVERSIFY. PLACE YOUR HOLDINGS INTO DIFFERENT KINDS OF VEHICLES AND USE SEVERAL DIFFERENT TECHNIQUES.

3. GET A SECOND AND A THIRD OPINION. SHOP AROUND. DON'T RELY ON THE FIRST OPINION YOU RECEIVE. YOU DON'T HAVE TO SPEND A LOT OF MONEY TO DO THIS. MOST ATTORNEYS WILL PROVIDE AN INITIAL CONSULTATION FOR A NOMINAL FEE. THE MORE PEOPLE YOU TALK TO AND THE MORE QUESTIONS YOU ASK, THE BETTTER OFF YOU WILL BE.

4. WHEN CONSIDERING AN ESTATE PLAN, MAKE SURE YOU UINDERSTAND THE TAX CONSEQUENCES. MANY LAWYERS ARE NOT ALSO CPAS. TAX LAW IS A SPECIALTY IN ITSELF. GET AN OPINION FROM A TAX LAW SPECIALIST OR FROM A CPA. MOST GOOD ESTATE PLANNING LAWYERS WORK WITH A CPA. THE IRS IS A VERY UNFORGIVING CREDITOR. IT WILL NOT HELP YOU TO SAY THAT YOUR ATTORNEY GAVE YOU THE WRONG ADVICE. YOU WILL STILL OWE THE TAXES. ALSO, YOU CANNOT SUE THE ATTORNEY AND MAKE HIM OR HER PAY THE TAXES FOR YOU. THE ATTORNEY MAY BE LIABLE FOR DAMAGES BUT THEY PROBABLY WONT BE ENOUGH TO PAY YOUR TAXES.

5. MAKE SURE YOU PLAN FOR EMERGENCIES IN ADVANCE. HEALTH PROBLEMS ARE A GOOD EXAMPLE. HAVE A WILL, A POWER OF ATTORNEY AND A HEALTH CARE SURROGATE AND POSSIBLY A REVOCABLE LIVING TRUST WHILE YOU ARE HEALTHY. IF YOU WAIT UNTIL A CRISIS OCCURS, YOU MAY NOT BE ABLE TO CHOOSE THE PERSON YOU WANT TO HELP YOU WITH YOUR AFFAIRS WHEN YOU ARE UNABLE TO DO SO YOURSELF. YOU ALSO RISK HAVING A COURT APPOINT A GUARDIAN FOR YOU WHO MAY NOT ACT IN YOUR BEST INTERESTS. GUARDIANSHIPS ARE CUMBERSOME AND EXPENSIVE.

6. SHOULD I GET THESE FORMS (POWER OF ATTORNEY, HEALTH CARE SURROGATE, WILL, REVOCABLE LIVING TRUST) FROM THE STATIONERY STORE AND FILL THEM OUT MYSELF TO SAVE MONEY? THEY ARE ALSO AVAILABLE ON THE INTERNET AT VERY LOW PRICES FROM MANY SOURCES. DO I NEED TO SPEND A LOT OF MONEY ON A LAWYER WHEN I CAN GET THESE DOCUMENTS VIRTUALLY FOR FREE?
   
   THE ANSWER TO ALL OF THE ABOVE QUESTIONS IS NO!
   
   WHAT YOU WILL GET FROM THESE SOURCES ARE FORM DOCUMENTS THAT PROBABLY WILL NOT MEET YOUR NEEDS. ESTATE PLANNING CAN BE COMPLICATED AND ONE FORM DOES NOT FIT ALL SITUATIONS. THERE IS NO SUBSTITUTE FOR AN ATTORNEY WHO WILL SPEND TIME WITH YOU AND DRAFT DOCUMENTS THAT ARE TAILORED TO YOUR SITUATION AND WHO CAN HELP YOU IN TIME OF CRISIS. THE LEGAL PROFESSION IS VERY COMPETITIVE-YOU CAN FIND A GOOD LAWYER FOR THE PRICE YOU ARE WILLING TO PAY.

7. DO I NEED A WILL? THE ANSWER IS YES. ALTHOUGH THERE ARE MANY TECHNIQUES TO AVOID PROBATE, YOU WILL ALMOST CERTAINLY OWN SOMETHING WHICH IS IN YOUR NAME ALONE WHEN YOU PASS ON. THIS PROPERTY WILL HAVE TO GO THROUGH PROBATE. IF YOU HAVE A REVOCABLE LIVING TRUST, THE ODDS ARE THAT YOU WONT FUND IT-THAT IS THAT YOU WONT RETITLE ALL YOUR ASSETS INTO THE TRUST WHICH IS NECESSARY IN ORDER TO AVOID PROBATE.

8. WHEN CONSULTING AN ELDER LAW ATTORNEY TO OBTAIN PUBLIC BENEFITS (MEDICAID FOR EXAMPLE), BEWARE OF THE ATTORNEY WHO TRIES TO BE TOO CREATIVE IN DOING THINGS TO GET YOU QUALIFIED FOR PUBLIC BENEFITS. THE GOVERNMENT (BOTH STATE AND FEDERAL) IS BECOMING VERY STRICT ABOUT SCRUTINIZING PEOPLE BEFORE GRANTING THEM PUBLIC BENEFITS. THERE ARE STRICT ASSET AND INCOME REQUIREMENTS AND YOU WILL UNDERGO INTENSE SCRUTINY YOU WILL BE REQUIRED TO PRODUCE ACCURATE FINANCIAL RECORDS FOR AT LEAST THE LAST 5 YEARS. DURING THE APLICATION PROCESS. ANY MISSTATEMENTS REGARDING YOUR FINANCES CAN BE QUITE COSTLY. THE GOVERNMENT APPEARS TO BE TAKING THE POSITION THAT PEOPLE WILL PAY FOR THEIR OWN RETIREMENT AND NURSING HOME CARE. YOU MUST THERFORE PLAN WELL IN ADVANCE. THERE IS NO SUBSTITUTE FOR FAMILY. EVEN IF YOU DO QUALIFY FOR PUBLIC BENEFITS, YOU MAY BE DISAPPOINTED IN THE QUALITY OF CARE YOU RECEIVE.
   
   LAW OFFICE OF DANA BOWIE P.A.

Law Office of Dana Bowie, P.A.

I was admitted to the Florida Bar in 1975. I was graduated from Tufts University in Boston, Mass. in 1967 and Suffolk Law School in Boston, Mass. in 1972. I was a corporate lawyer for 22 years and have been in practice for myself since 1998.

I have experience in civil litigation and in my practice areas of family law, elder law and estate planning both as a professional and in my personal life. My philosophy is to help people.

I do not have a large staff to support and I can keep my fees reasonable and give personal attention to my clients.

The hiring of a lawyer is an important decision that should not be based solely upon advertisement.  Before you decide, ask us to send you free written information about our qualifications and experience.

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