What is an estate planning attorney?
An estate planning attorney helps people figure out how to manage and pass on their belongings and wealth when they’re no longer around. They make sure that a person’s wishes are followed and their family is taken care of financially after they’re gone.
These attorneys are especially useful because they know a lot about how to keep wealth safe. They offer advice and planning that can’t be matched by online guides or do-it-yourself forms, especially when family or money matters are complicated.
Duties and responsibilities
Estate planning attorneys talk with clients to understand their wishes for their assets and health care when they can no longer make decisions. They write important documents like wills, trusts, and medical directives, and update these as laws or personal situations change.
They also handle estate administration. This means they confirm wills are valid, pay off any debts, handle taxes, and make sure that what’s left goes to the right people. They prepare for scenarios where someone might become unable to make decisions, making sure everything is legally set up to handle such situations.
Work environment
These lawyers usually work in comfy offices, often meeting clients in conference rooms, and sometimes, visiting clients at home or in hospitals if needed. Thanks to technology, they can also do a lot of their work online, which adds flexibility to their job. They might work by themselves, as part of a law firm that specializes in estates, or in a company’s legal team. They usually don’t go to court much, making their work more about cooperation than fighting legal battles.
Typical work hours
Estate planning attorneys work regular hours, like a typical nine-to-five job, Monday through Friday. Sometimes, they might need to work evenings or weekends, depending on when their clients are available or if there’s an urgent need. While their job can get busy, especially with complex estates, it’s generally more predictable and less stressful compared to other types of lawyers who often deal with emergencies or court trials.
How to become an estate planning attorney
Want to become an estate planning attorney? Here’s how you can get started in this career:
Step 1: Earn a bachelor’s degree
First up, you need to go to college and get a bachelor’s degree. It doesn’t really matter what you major in, but studying things like pre-law or legal studies might help you out a lot. This takes about four years, where you’ll learn not just about your major, but also about things like government and public speaking.
Step 2: Take the LSAT
Next, you need to take the LSAT, which is a big test you need to pass to get into law school. It tests how well you can understand complex texts and solve problems.
Step 3: Get a J.D. degree
Once you pass the LSAT, you can start law school and work toward getting your Juris Doctor (J.D.) degree. This usually takes three years and you’ll learn a lot about different kinds of laws, including those related to taxes and estates, which are super important for this job.
Step 4: Pass the bar exam
After law school, you have to pass the bar exam in the state where you want to work. This test is tough and checks if you’re ready to be a lawyer.
Step 5: Gain experience
Even though you can technically start working as a lawyer after you pass the bar exam, most places want to hire people who have some real-world experience. You might start with a basic job at a law firm, or get an internship where you can learn more about estate planning.
Step 6: Consider an LL.M. in taxation (optional)
If you really want to stand out, you might think about getting an LL.M. degree in taxation. This is extra schooling where you focus just on tax law. It’s not required, but it can help you get better jobs.
Step 7: Keep learning
Laws, especially tax laws, change all the time. So, you need to keep learning throughout your career. Go to conferences, take courses, and read up on the latest news in your field to stay sharp.
How much do estate planning attorneys make?
Compensation for estate planning attorneys varies by experience, industry, education, location, and organization size. Factors uniquely affecting their compensation include the complexity of cases, the clientele’s affluence, and specialization in related fields such as tax or business law.
Highest paying states
- California: $157,670
- New Jersey: $152,830
- New York: $150,890
- Massachusetts: $146,790
- Connecticut: $143,550
The average national salary for an Estate Planning Attorney is:
$121,250
Types of estate planning attorneys
Thinking about a career as an estate planning attorney? There are different specializations within this field, each focusing on a unique part of estate planning. Here’s a look at some of the paths you might take:
Wills specialist
If you’re good with details and interested in law, you might focus on writing wills. This job involves creating legal documents that tell everyone what should happen to a person’s stuff after they pass away. You’ll need to know a lot about property and family law to do well in this area.
Trust creation specialist
Some lawyers specialize in setting up trusts. Trusts are a way to manage someone’s assets both during their life and after they’re gone. If you choose this path, you’ll help people figure out how to protect their assets and manage them properly, even if they can’t make their own decisions anymore.
Power of attorney expert
This specialization involves helping clients choose someone to make important decisions for them if they ever become unable to do so themselves. It’s a sensitive job that requires understanding legal ethics and knowing how to protect your clients’ rights.
Elder law specialist
This area is all about helping older people manage their legal and financial issues. If you work in elder law, you’ll help your clients plan for things like health care and financial security as they age.
Tax planning advisor
If you like both law and finance, you might be interested in becoming a tax planning advisor. This job involves figuring out how to organize someone’s estate so that their family has to pay as little tax as possible. It requires a deep understanding of tax laws and how they can impact estate planning.
Top skills for estate planning attorneys
Being an estate planning attorney isn’t just about knowing the law; it’s about having a set of skills that help you do your job effectively. Here are some of the key skills you need:
Analytical and problem-solving abilities
You need to be really good at breaking down complex information and figuring out the best solutions for your clients’ unique situations. This job often involves a lot of detailed planning and problem-solving.
Interpersonal skills
Since you’ll be dealing with sensitive issues, being able to talk to people in a caring and understanding way is crucial. You need to be good at listening, understanding, and working with people, especially when they’re dealing with tough family issues or business problems.
Knowledge of tax laws
Understanding tax laws is a big part of this job. You need to know how different laws apply to different situations so you can help your clients avoid paying more taxes than they need to. This means keeping up with changes in the law and knowing how they affect your clients.
Attention to detail
This job requires a lot of careful work. Whether you’re reading contracts, drafting documents like wills or trusts, or just making sure you’ve got all the details right, missing even a small thing can lead to big problems.
Excellent communication skills
You need to be able to explain complicated legal stuff in a way that’s easy to understand. You’ll also need to be good at listening to what your clients want and need, so you can give them the best advice.
Ethics and integrity
Trust is a huge as a lawyer. Your clients are trusting you with some of their most personal and important decisions. You need to be someone they can rely on to be honest and to keep their information private.
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Estate planning attorney career path options
Estate planning attorneys have several paths they can follow as they advance in their careers. Here’s a look at some typical and alternative routes they might take:
Traditional law firm path
Most attorneys start their careers at law firms or by running their own solo practices. Over time, as they gain more experience and develop their expertise, they often choose to focus on specific areas within estate planning, such as trusts, wills, or elder law. As they build a reputation and a client base, they may move up to become senior associates or partners at their firms. Some might even start their own firms, tailoring their services to meet specific client needs.
Specialization and certification
Pursuing additional certifications can be a great way for estate planning attorneys to enhance their careers. Certifications like the Certified Financial Planner (CFP) or Accredited Estate Planner (AEP) can open up new opportunities and attract a broader range of clients by showcasing an attorney’s specialized knowledge and commitment to the field.
Academic and publishing opportunities
For those who love teaching and research, moving into academia can be a rewarding path. Experienced attorneys can become professors, teaching future lawyers about estate planning and related subjects at law schools. This career option usually requires significant professional experience and may also require additional academic qualifications. Writing and publishing books or articles on estate planning can also help establish them as a thought leader in the field.
Transition to the financial sector
Some might choose to move into the financial sector. Their deep understanding of estate planning makes them well-suited to roles where they can offer financial advice, particularly about inheritance and tax planning. Opportunities might include working for financial institutions, investment firms, or even starting their own financial consulting services. This pathway allows attorneys to use their legal expertise in a broader financial context.
Similar job titles
Position trends and outlook for estate planning attorneys
- Adaptation to digital assets: One of the biggest trends in estate planning is the inclusion of digital assets like cryptocurrencies in estate plans. As the nature of assets evolves, they need to stay informed about how to handle these new types of property legally and securely.
- Updated legislation: Changes in tax laws are a constant in this field. These attorneys must keep their knowledge up-to-date to navigate these changes effectively and provide their clients with the best possible advice for minimizing tax liabilities.
- Proactive planning: With an aging population, there’s a growing need for comprehensive estate planning. More people are looking to secure their estates and ensure smooth transitions of wealth to the next generation.
- Complex family dynamics: The rise of blended families has introduced new challenges, including inheritance disputes and other complex family situations. They must be adept at managing these dynamics and crafting plans that address a wide range of family structures and needs.
Employment projections
According to the U.S. Bureau of Labor Statistics, the job market for lawyers, including estate planning attorneys, is projected to grow by 10% through 2031. This growth rate is faster than the average for all occupations. The aging population is a significant driver of this demand, as more people will require legal services related to healthcare decisions, estate planning, and end-of-life arrangements.
Estate planning attorney career tips
Understand your clients’ needs
- Empathy and listening: Each client’s situation is unique, with specific needs and goals. Take the time to truly listen to their concerns and wishes. This helps in developing a personalized estate plan that aligns with their expectations.
- Personalized service: Show clients that you care about their individual circumstances. This not only helps in building strong relationships but also in creating estate plans that effectively address their specific needs.
Stay up-to-date on laws and regulations
- Continuous education: Laws and regulations in estate planning can vary significantly by state and change frequently. Keep yourself informed through professional seminars, legal publications, and joining discussion groups.
- Proactive learning: Maintaining an up-to-date knowledge base is crucial for providing accurate and effective advice, ensuring you’re always ready to serve your clients best.
Build a professional network
Network with professionals in related fields such as tax advisors, financial planners, and realtors. These relationships can enhance the comprehensiveness of your service and potentially lead to new client referrals.
- State Bar – Estate Planning Law Section
- The American College of Trust and Estate Counsel (ACTEC)
- The National Association of Estate Planners & Councils (NAEPC)
Engage in continuous learning
- Development activities: Regular participation in professional development activities, such as estate planning seminars, industry webinars, and certificate courses, keeps your skills sharp and your knowledge current.
- Expand expertise: Continuous learning helps you stay competitive and authoritative in your field, enhancing your reputation and credibility among clients.
Deliver exceptional customer service
- Client satisfaction: In a field where personal recommendations and repeat business are prevalent, delivering excellent customer service is essential. Make sure each client feels valued and understands that their needs are a priority.
- Quality service: Focus on providing high-quality, tailored advice and support. Happy clients are more likely to refer others to your services.
Consider obtaining certifications
- Enhance credibility: Certifications like the Certified Trust and Financial Advisor (CTFA) or the Certified Estate Planner (CEP) can significantly boost your professional stature. They demonstrate your dedication to the profession and your depth of knowledge in estate planning.
- Market competitiveness: With the right certifications, you can differentiate yourself in the market, appealing to clients looking for highly qualified and trustworthy professionals.
Where the estate planning attorney jobs are
Top employers
- Estate Law Group
- The Harris Law Firm
- WealthCounsel, LLC
- LegalNature, LLC
- Diehl & Rodewald, Estate Planning Attorneys
Top states
- California
- New York
- Florida
- Texas
- Illinois
Top job sites
- zengig
- Indeed
- LawJobs
- HCareers
FAQs
What is the educational path to becoming an estate planning attorney?
You’ll first need to earn a bachelor’s degree, preferably in a related field like pre-law or political science. Following this, you must pass the LSAT and enroll in a law school accredited by the American Bar Association. Here, you’ll study core law subjects before specializing in estate planning, which may include tax law, trusts, and estate law. Once you’ve graduated, you’ll need to pass the bar exam to begin practicing.
What does a typical day look like for an estate planning attorney?
A typical day involves various tasks, including conducting client meetings, researching legal issues, drafting and reviewing documents, court appearances, and fulfilling ongoing legal education. You may spend time liaising with other professionals, such as accountants and financial planners, and you may also have to manage disputes about the estate plan.
What skills and traits make a good estate planning attorney?
A good attorney needs excellent communication skills, as they will be advising and interacting with clients frequently. They should be able to explain complex legal concepts in a way that clients can understand. Additionally, they must be analytical and have strong attention to detail to review legal documents thoroughly. Integrity and empathy are also essential traits, as clients entrust their personal family and financial matters to the attorney.
What is the most challenging part of being an estate planning attorney?
The most challenging aspect often involves handling sensitive family dynamics and delivering difficult news, especially when dealing with inheritance disputes or the death of a loved one. Staying current with constantly changing tax laws and regulations is also challenging. Despite these challenges, many find the role rewarding, providing a valuable service by helping individuals navigate the complex estate planning process.
What kind of clients does an estate planning attorney usually work with?
They typically work with individuals and families who want to plan for the future management of their assets or for issues that may arise after their death. This can include anyone from young professionals just starting to establish their wealth to high net-worth individuals with large estates and older individuals seeking to secure their assets for their heirs or long-term care.
Do estate planning attorneys go to court?
Estate planning is predominantly a planning and advisory type of law, so much of their work happens outside the courtroom. However, if disputes arise over wills or trusts they have contributed, they may represent their clients in court. They might also appear in court to help settle an estate or support clients in probate proceedings.
What is the job market like for estate planning attorneys?
The job market generally remains steady. With an aging population and increasing complexity in tax and estate law, demand for estate planning services continues to grow. However, like any profession, geographical location, the state of the overall economy, and specialization within the field can all influence job prospects and availability.
What is the difference between an estate planning attorney and a tax attorney?
While both estate planning attorneys and tax attorneys deal with aspects of a client’s financial affairs, they focus on different types of issues. An estate planning attorney concentrates on helping clients plan the future of their estate, including creating wills, setting up trusts, and establishing power of attorney. A tax attorney, on the other hand, specializes more broadly in tax law and provides services like interpreting tax codes and handling disputes with the IRS. However, there is some overlap as estate planning also involves dealing with estate taxes and understanding the tax implications of estate decisions.
Can estate planning attorneys help with guardianship issues?
Yes, they can certainly help clients address guardianship issues. This may be in the context of planning for minor children should a parent pass away or become incapacitated or for adults who cannot make their own decisions due to disability or other reasons. In such cases, they would guide clients through the legal process to establish a legal guardian in the estate plan.
What is involved in keeping up with changes in estate planning law?
Estate planning law is subject to changes over time due to new legislation, court decisions, and changes in tax law. As such, they must keep up to date with these changes to offer the best advice to their clients. This involves continual professional development through legal education, legal research, and participation in professional organizations. They may also attend seminars, webinars, and conferences specializing in estate planning law.