In the coming years, probate and estate litigation will experience significant growth. According to legal observers, this surge in business for probate litigators, who are already very busy, is explained by the advent of people doing their own estate planning or opting for inexpensive alternatives, such as paralegals and companies that are paid to produce estate planning documents. While the documents generated by these services are “legal,” consideration of the issues unique to the client is lacking. This leads to unhappy heirs and ultimately to probate litigation.
When experienced estate planning attorneys meet with clients, they learn about the estate at issue; the clients as both individuals and as a couple; their family situation; specific facts about their children, spouses and grandchildren; as well as other things that are important to those clients. While most estate planning attorneys have a client questionnaire that they use to obtain the pertinent information, it is by talking with the client that they humanize what is on the paper. By understanding the clients’ situation, an estate planning attorney can create an effective estate plan one that will withstand unhappy heirs.
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