MSU Extension Office: Selecting an Attorney in Montana to Develop an Estate Plan or Administer an Estate (Probate)

This article is one in a series of articles focusing on estate and legacy planning. The authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu.

When selecting an attorney to help you develop your estate plan, you want one who is well-informed about Montana will, trust laws, and other legal tools. You want the attorney to develop an estate plan tailored to your needs by considering your age, health, family, income, assets, goals, and other circumstances, says Marsha Goetting, MSU Extension Family Economics Specialist.

If the goal is to find an attorney to help settle an estate or administer a probate, then look for one knowledgeable about the probate process and trust law in Montana. Attorneys have different areas of expertise. For example, an attorney

who excels in litigation may not be the best choice for developing an estate plan or administering probate, cautions Goetting.

If searching for an attorney to help develop an estate plan, the first step is organizing the information the attorney needs. MSU Extension provides a checklist “What My Attorney Should Know” in the MontGuide-Estate Planning in Montana: Getting Started, said Kaleena Miller, Madison-Jefferson County Extension Agent.

The attorney will need to know the goals you hope to achieve with your estate plan. MSU Extension provides a “Common Estate Planning Objectives” checklist in the MontGuide mentioned previously. For example, a goal may be to avoid probate because you have heard it is expensive and slow. Your attorney should tell you about Montana’s informal probate, the costs and time associated with that process, and alternatives.

Find attorneys to consider. There are at least four ways to find attorneys to consider. While some approaches are more effective than others, each can help find the best attorney to meet your needs, whether it be for probate or to develop an estate plan, says Goetting.

Request referrals for an attorney from people you trust. If they did not like the attorney, ask why. If they say their attorney was “wonderful,” also ask why. Most people are willing to share their positive or negative experiences. You may find friends or relatives mention the same attorney.

Ask your banker, credit union professional, financial planner, or accountant for referrals. These professionals are in frequent contact with attorneys who represent local business and estate planning clients. They often can make informed judgments about attorneys. Ask the professionals why they recommend a certain attorney.

Miller suggests reviewing the Yellow Pages of the local telephone directory. There may be listings or advertisements featuring the attorneys’ areas of practice, such as probate and estate planning, estate administration, wills and trusts, or elder law.

Some websites list attorneys by their areas of practice, their years of practice, and reviews from their clients. For example, see http://www.avvo.com. However, be cautious of internet directories that promise to find you a qualified attorney. Some directories require attorneys to pay a fee, so not all attorneys appear on their lists. Martindale Hubbell Rating Services for attorneys lists education, areas of practice, and a scoring system based on ratings by other attorneys (https://bit.ly/3UycdNO), says Goetting.

Call the attorney or attorneys you have selected and make an appointment. Ask about the fee, if any, for the meeting. Often, attorneys do not charge for the first meeting. Like you, the attorney wants to assess whether their knowledge and skills fit your needs and consider whether you “click.” Ask what information you should bring to the meeting. If you are searching for help with developing an estate plan, the attorney may send a questionnaire for you to complete before the appointment, says Goetting.

Before meeting with the attorney, prepare a list of questions to ask. First impressions do count. After you move past introductions, explain your goals to develop an estate plan or administer an estate and ask your questions. You may want to take notes of the attorney’s responses.

Miller suggests asking what percent of the attorney’s practice consists of estate planning and estate administration. You should also ask about the attorney’s experience with the following (if relevant to your situation): family businesses, farm/ranch issues, Medicaid and disability issues, charitable gifting, federal estate tax planning, blended families, quarrelsome families who threaten to sue during probate, or large debt or mortgage issues.

The Rules of Professional Conduct govern the conduct of attorneys in Montana. The Rules have guidelines for setting legal fees, such as time and effort, ability, experience, and reputation. The attorney should be willing to discuss their calculation of fees and what you would pay for an estate plan, says Goetting. Some attorneys prepare estate plans for a flat fee rather than charging an hourly rate. Most attorneys charge an hourly fee for probate services.

What documents will the attorney prepare? When can you expect to receive the first draft of an estate plan? When does the attorney expect to finish the estate plan? One month? Four months?

More information on selecting an attorney is in the MSU Extension MontGuide, which can be found at https://bit.ly/3JWg6Hb. If you do not have access to a computer or printer, call the MSU Extension Madison-Jefferson County Office at 406-287-3282 for a copy of the MontGuides.