Choosing the right estate planning attorney matters as much as the plan itself — a poorly drafted will or trust is one of the leading causes of legal malpractice claims in Illinois. Before you hire anyone, ask these seven questions.
7 Questions to Ask Before Hiring an Estate Planning Attorney
1. How long have you focused on estate planning specifically? General practice experience isn’t the same as estate planning experience. Ask how many years the attorney has spent drafting wills, trusts, and powers of attorney, and how many estate plans they’ve completed.
2. Do you also handle estate and trust administration, not just drafting? A plan is only as good as the attorney’s ability to help your family execute it later. Ask whether the attorney also handles probate and trust administration — that experience shapes how they draft your documents in the first place, since they know firsthand what causes problems for families down the road.
3. How long will my estate plan take to complete? Timelines vary by complexity, but after an initial consultation, a good attorney should give you a clear estimate. If you’re working against a deadline — surgery, travel, a health diagnosis — say so up front; it can often be accommodated.
4. How do you bill — flat fee or hourly? Ask this before you sign anything. Hourly billing can make clients feel rushed or reluctant to ask questions. A flat-fee arrangement means you can take the time you need to understand your plan without watching a clock.
5. How much time will you spend explaining my plan to me? You should leave every meeting understanding what your documents actually do, not just that you signed them. Ask whether the attorney is willing to walk through the plan in plain language, and whether follow-up questions are included or billed separately.
6. What happens if my situation changes after the plan is signed? Marriage, divorce, a new child, a death in the family, a move out of state — all of these can require updates. Ask how the attorney handles amendments and whether they proactively reach out when Illinois or federal law changes in a way that affects your plan.
7. Am I comfortable being fully honest with this person? Estate planning requires disclosing sensitive personal and financial details. If an attorney can’t plan around a family issue they don’t know about, that gap can undermine the whole plan. Choose someone you trust enough to be candid with — and come to your first meeting with a written list of your own questions and concerns.
Estate planning is one of the leading causes of malpractice claims among Illinois attorneys — not because the concepts are exotic, but because small drafting errors (an ambiguous beneficiary clause, a missed signature formality, a plan that doesn’t account for Illinois-specific rules) can unravel a family’s intentions years later, when it’s too late to fix. Ask any attorney you’re considering how they guard against this, and don’t be afraid to ask for specifics.
Lauren has been completing estate plans and assisting with estate administration in Illinois for over 22 years. We bill estate plans on a flat-fee basis, so clients can sit down with us for as long as they need without worrying about the clock. We also handle the administration side — trust and probate work — which means the plans we draft are built around what actually happens when a family needs to use them.
Bring your questions — we have some for you too. Contact us or call (847) 714 – 2866 to schedule a consultation.
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