Hiring an Estate Planning Attorney - 7 Things to Know Before You Do

The Top 7 Things to Know Before You Hire a Wills, Trusts or Estate Attorney

You should consider several different questions before you sign an agreement with any attorney, but this is even more important when it comes to hiring a wills, trusts or estate attorney. This attorney will address sensitive family and financial issues that range from helping you pass assets on to your children and close family members, to protecting you from unnecessary taxes, to helping you determine the best person to make medical decisions on your behalf. This is why you need to know the answers to the seven issues discussed in this special report.

# 1: Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?

An attorney should offer you a free, no. hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take gold is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably.

# 2 Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?

Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work.

A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought.

# 3 Does the attorney guarantee his service? Will he refund your money if you are not completely satisfied?

Your attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court.

# 4 Will the attorney help you make wise choices about insurance, saving for your children's college, and retirement planning?

Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objective, purpose should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisors in place in order to help you make the best possible decisions.

If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisors.

# 5 Does your attorney have a process in place to respond to your phone calls and emails quickly in case questions arise? Will your attorney keep you informed about how your matter is progressing?

Your attorney should be able to answer your phone calls, emails, and questions quickly. You are paying this attorney for service and for professional guidance and attention, not just for the drafting of your estate planning documents. How often have you heard from friends and loved ones about an attorney that takes days, weeks or more to respond to phone calls? Do not tolerate such unprofessional behavior. Ask your attorney about this and if he is unable to convince you that he has such a process in place, then continue your search for an attorney that will get back to you in a time efficient manner.

# 6 Does your attorney have a process for helping you capture and pass on not only your physical and financial wealth, but also your intellectual and spiritual assets, as well as what is important to you?

Some attorneys recognize that wealth is not measured solely by your net worth, by the value of your brokerage and retirement accounts, but is also measured by who you are as a person. Your intangible assets, such as lessons that you have learned over a lifetime of building wealth, or the wisdom you have accumulated through your life experiences that you would like your children to know more about, are very valuable, almost priceless. These should not be forgotten.

When deciding whether to hire an attorney, be sure to select someone who will help you capture, document, and pass on all of your assets, including those intangible ones that are often overlooked.

# 7 Will your attorney make sure that your assets are structured and owned in the right way?

You could hire an attorney at the largest firm around and pay him an exorbitant fee, but if your assets are not titled and owned in the right manner, then the plan that he created will not work for you. The attorney that you plan to hire should be willing to ensure not only that your documents are drafted correctly, but also that your assets are structured properly.

Do not be afraid to ask these questions before you hire an attorney to work with your family on legal planning matters. When you find an attorney that says yes to these questions, hire him or her quickly before the practice fills up and he or she stops taking on new clients. Asking these questions and hearing the right answers before you engage a lawyer to work on your wills, trusts, and estate will ensure you put in place legal planning for your family that will work when you need it.

For more information or to schedule a free consultation, please visit http://www.legalhelpmaryland.com or call Anthony Carducci at 888-628-2220.

Questions to Ask Before Hiring a Tax Attorney, CPA Or Tax Resolution Specialist

Finding a tax professional to solve your tax problems is like the end of Indiana Jones and the Last Crusade. Make the right choice and all your wounds will be healed. Make the wrong choice and you'll be turned into a screaming shriveled skeleton. Whether it's a tax attorney, certified public account or certified tax resolution specialist (CTRS), it's important to choose your tax representative wisely.

If you've got tax problems, like delinquent tax returns, back taxes, payroll taxes or other tax collection or audit issues, your first instinct may be to open up the yellow page or Google or ask around for recommendations. Great, now you've got some names, but how can you find the right expert to give you the IRS help you need?

To avoid paying a high hourly rate unnecessarily, go through this tax attorney/CPA/tax resolution specialist interview checklist first. This checklist will help you weed out the tax relief scammers, as well as the merely inept attorneys and CPAs out there who will leave you with their high fees, your original tax debt, plus additional penalties and charges.

Print out this article and ask the following questions.

Before you face a tax attorney or tax resolution professional, first look in the mirror to get a handle on your tax problem.

Are you looking at personal income tax issues (you are an innocent spouse or a victim of tax fraud), business tax problems (such as unpaid payroll taxes, sales taxes), estate taxes, foundation or charity tax issues?
Are you dealing with just federal or state taxes too?
Do you have tax problems in multiple states or jurisdictions?
Does the IRS know about the issue yet or have you just discovered it?
Did the IRS contact you but you've buried your head in the sand hoping it would go away?
Are your records a shambles?
Can you attempt a true reckoning of what happened?
Has the IRS come to your home or place of business?
Has the IRS demanded an in-person audit?
Has the IRS garnished your wages, put in tax liens or seized any property?

Answering these questions will help you decide what kind of tax help you need.

When you get tax problem resolution professional recommendations from friends, you need to compare apples to apples. While a CPA will have a cheaper hourly rate than a great tax lawyer, they can't do what a good tax lawyer can. A great CPA can put your tax records in order so you can get a true accounting of the "historical" road just travelled, but they probably shouldn't take you into battle with the IRS because they don't spend all their time negotiating tax resolutions the way specialized tax professionals do. You need someone who battles the IRS for a living, who has learned the latest laws and knows all the secrets to helping resolve your tax problem.

That's why some tax resolution firms offer a team of expert tax professionals to help you get the best possible outcome for your tax settlement.  So before you rack up those high hourly charges, you need to make sure you are talking to the right tax professional who can do the job for you. You will be hiring this tax attorney, so treat your initial consultation as what it should be, a job interview.

Questions to ask a tax attorney, CPA or certified tax resolution specialist:

About the firm:

1. How long has they been in business solving IRS problems? The longer they have been handling negotiations with the IRS the better.  A lawyer or CPA firm may just do tax law on the side and not be dedicated to knowing the ins and outs of IRS negotiations.

2. How many tax attorneys do they have on staff? (Some firms are only CPAs, some are nothing but former IRS agents, some are straight law firms with only one or two tax attorneys). If you don't do tax resolution day in and day out, you don't know all the loopholes, tricks and tools. Look for someone who is a certified tax resolution specialist, they have to take a special exam and have a number of years of experience and continuing education in this field. There are only about 200 in the entire country who actually do this as a living.

3. What is their success rate with tax cases? Don't take a generic number here. Ask about the success rate for cases like yours. Don't expect a perfect score. For example in most cases the Offer in Compromise is a starting offer. Only about 2% are immediately accepted by the IRS. The more important number is comparing cases like yours. What is the total dollar amount negotiated in settlements divided by total dollars in tax, interest and penalties owed? In short, how much did these tax attorneys save their clients?

4. Do they offer a guarantee? Run away if they do. No one can guarantee anything. 

5. Does the law firm or tax resolution company want all the money up front? If they do, run. Once tax professionals have your money, they have no incentive to go the extra mile for you. If your tax attorney, tax resolution specialist or CPA wants some "good faith money" that's fine.

6. Do they give you a high pressure sales pitch? If they are pushing that hard, that's a warning sign to stay away. In many cases when you get a sales pitch you are talking with a salesperson, not a tax attorney or tax resolution specialist who can help you.

7. Check out your potential tax attorney or tax resolution firm with the Better Business Bureau, but keep in mind the volume of people the company serves. If the company has 20 complaints over three years but has served 5,000 clients in that time, that's a 0.4% failure rate, or said differently a 99.6% satisfaction rate. Even that can be misleading because the BBB only tracks complaints, not resolutions. Even if the client got a full refund and 100% satisfaction, the client can't withdraw their complaint once it is filed with the BBB. You could also Google their name with the words "complaint," "rip-off" and "scam." And if they are a tax attorney, check with your state's bar to see if they have any complaints against them.

8. Ask for the names of the people who own the law firm or tax resolution company. If your contact is elusive on this, run. Bottom line, you need to know who runs the show. You need the name of the owner, NOT the senior tax attorney. If your IRS case goes south or the tax attorney handling your case is a problem, you need to know exactly who you can complain to or who to seek redress from.

9. Find out the name of the tax attorney or tax resolution specialist who will be taking your case. Find out how quickly they respond to your inquiries. Do they answer their phone or email promptly? Ask for references of satisfied customers for that specific tax attorney or tax resolution professional. (Given the confidentiality of tax resolution work, a personal reference for a tax attorney might be hard to come by.)

10. Does the tax attorney or tax resolution firm have experience in multi-jurisdictional issues? Because the IRS is a federal agency, there are three people permitted to practice before the IRS. You have to be an active licensed member of the state bar, a certified public accountant actively licensed or an enrolled agent. No matter where they live, they can represent the taxpayer before the IRS is all 50 states.

11. Will this tax attorney or tax resolution specialist go with you to an in-person audit? Although 90% of tax resolution work is done over the phone, electronically or via FedEx, sometimes you need a tax attorney to literally hold your hand in an audit. But don't choose a tax attorney just because they have an office near your home. An accident of geography doesn't mean they are the right tax attorney for the job. In many cases a national firm such as ours can make sure you never have to darken the door of an IRS audit.

12. How can they help you if the IRS wants to come to your home or business?

13. Is the firm just a tax form filler? Just because they prepare a lot tax returns doesn't mean they are ready to battle the IRS. There are a number of tax resolution and "tax attorney" scams that do nothing but type up an Offer in Compromise and just mail it to the IRS. That's all the service these "tax attorneys" provide. These companies are at best, a waste of time and money and at worst, a one-way ticket to big trouble.

14. What are their prices? Don't be penny-wise but pound-foolish. Don't just lock onto a tax attorney or tax resolution firm's low price. Look for value and the number of services you get. Will this tax attorney or tax resolution professional give you preparation of all IRS forms, all backup documentation, and all negotiation with the IRS?

When you meet or interview your tax resolution specialist or tax attorney ask them:

1. Where did this tax attorney or CPA go to school for tax resolution? How current are they (how much continuing education is this tax attorney taking)?

2. How long has this tax attorney or tax professional practiced tax resolution, not straight tax law but real battle with the IRS for tax resolution?

3. What percentage of their jobs are tax problems like yours?

4. Who is their direct supervisor? What is their contact information?

5. Does the individual tax attorney, CPA or tax resolution specialist have references?

6. What is his/her personal success rate? (How many Offers in Compromise settlements have been accepted and what was the negotiated amount owed versus the initial amount of taxes owed and penalties? In short, how much has this individual tax attorney or tax resolution professional saved clients? How does this tax attorney or tax resolution specialist compare to the rest of the firm: above average or below?)

7. What sorts of releases for tax liens, levies, etc. have they achieved? How fast?

8. What sorts of penalties (like mine) have this tax attorney/ tax resolution specialist gotten waived?

9. What sorts of installment agreements in situations like mine has this tax attorney or tax resolution professional negotiated and what was the payment schedule?

Once you are convinced you have found the tax attorney or tax resolution specialist that can help you, you'll feel like you've found the Holy Grail. Choose wisely.

For more information on achieving a tax resolution for your IRS problems or back taxes, visit www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.

Michael Rozbruch, one of the nation's leading tax experts, is a Certified Tax Resolution Specialist (CTRS), licensed CPA in the state of Maryland and the founder of Tax Resolution Services. He teams up with an expert staff of tax attorneys, CPAs, and tax relief professionals to help individuals and small businesses solve their IRS problems with tax liens, unfiled back taxes, offers in compromise, wage levies, tax relief, delinquent returns, tax debt installment plans, bankruptcy and protecting an innocent spouse from unfair tax burdens. Michael also shares valuable tax advice and information in his blog - Tax Resolution University