At Peach State Wills and Trusts© we welcome anyone seeking to create a will that fits their personal goals. Our firm was founded in 2007 by attorney Joel Beck, and since then, estate planning for clients across Georgia has been a significant practice area for us.

Today's article highlights key questions to ask when hiring a lawyer to prepare your will so you can feel assured that your plans suit your needs and follow Georgia law. This content is meant to share general insights and does not replace one-on-one legal advice.

Why Asking the Right Questions Matters

Preparing a will involves personal details about family, finances, and future wishes, so it is helpful to work with a lawyer who understands how to honor your goals. You want confidence that your loved ones will be taken care of, and a purposeful estate plan can help achieve that.

By choosing someone with the right background, you improve the chances of having a valid will that offers clarity instead of problems later.

A thorough estate plan also helps manage the emotional and financial strain that relatives might face after a death. If creating a plan under Georgia statutes, the assets you leave behind can pass to those you name, saving time and complications.

Selecting the best attorney for this task begins with asking the questions below.

Key Questions to Ask Potential Estate Planning Attorneys

When you meet or speak with attorneys about your will, be ready to cover these topics. It will help you discover who can best guide you and fit your situation.

1. Is Estate Planning A Primary Area of Focus?

One of the first things to ask is whether the lawyer concentrates on estate planning. If someone's work covers many unrelated fields, it can be harder for them to keep up to date on any legal changes that affect wills, powers of attorney, and probate in Georgia, as well as significant related items such as estate and gift tax matters, special needs planning concerns, and more.

By contrast, someone who regularly drafts wills, sets up trusts and works with estate tax considerations is more likely to be current on laws that matter to your situation.

They will also be more likely to recognize red flags early on. Some families have unique concerns, such as second marriages or blended households, and an attorney well-versed in wills and trusts might handle those nuances more smoothly.

2. How Long Have You Been Practicing Law in Georgia?

Experience can bring perspective to the process of estate planning. You can ask how many years the attorney has practiced in Georgia and whether they have assisted families in both estate planning and probate matters. Seeing how a will plays out in actual cases certainly sharpens an attorney's understanding and approach to drafting documents and advising clients on how to make the process as easy as possible for their loved ones.

Lawyers with a track record in this field often know where problems appear in both the planning and the probate contexts. They have likely guided clients through those hurdles, so they can offer you ideas on how to protect your beneficiaries and preserve your estate's value.

3. What Documents Are Included in an Estate Plan?

A proper estate plan goes beyond a will. Many people also set up a durable power of attorney for finances, which appoints someone you trust to manage your accounts if you are unable to do so.

Another document, called an advance directive for healthcare covers medical preferences, allowing you to designate a healthcare agent and specify your treatment wishes in certain end of life scenarios (in Georgia, the advance directive takes the place of a living will and a healthcare power of attorney which are often used in other states).

Ask if trusts are advisable in your case. For example, families with minor children sometimes add a minor's trust to hold and safeguard funds. Alternatively, a supplemental needs trust can provide for individuals with a disability while preserving eligibility for certain benefits. And, increasingly these days, trusts are used to keep a person's estate and family out of the probate court (more on that below).

Having the lawyer list all items that might suit your current position can be an instructive step.

Importantly, comprehensive estate planning also considers the process for how things get settled after your death, including whether probate will be necessary or not. In many instances, it is wise to consider options to avoid the probate process to save your loved ones time, energy and money, as well as a god bit of frustration, and to make sure assets are available, if needed, relatively immediately, without their getting caught up the probate courts for months. Remember that wills are simply tickets to the probate process; they do not pass assets outside of probate.

4. How Do You Handle Estate Taxes?

Many lawyers guide their clients on ways to prepare for possible taxes on one's estate, though Georgia does not impose a state-level estate tax at present. Ask whether the attorney stays informed of changing federal laws since those exemptions do not remain static and generally change year to year. There can also be gift tax or generation-skipping tax rule updates.

Admittedly, most people in Georgia have no estate tax concerns, but if you have a higher net worth, ensuring you are working with someone who is up to date on estate and gift tax rules is critical.

5. How Do You Charge for Estate Planning Services?

Legal fees for preparing wills and trusts may follow different models. Some attorneys quote a flat fee for wills, trusts, a durable power of attorney, and healthcare directives. Others work hourly if you have a complex estate needing special research or documents.

Ask whether additional costs might arise if the details change or other needs pop up.

Getting clarity about billing prevents awkward conversations down the line and allows you to plan financially.

6. How Long Will the Estate Planning Process Take?

The process may vary depending on the lawyer's schedule, the complexity of your wishes, and how quickly you provide the needed information. Many clients finish in a matter of weeks, while more involved cases can stretch out longer.

You want a clear sense of how soon you can expect drafts, how many review meetings you might have or need, and how quickly you can finalize everything. This can be especially helpful if you have urgent concerns, like upcoming travel or recent health changes.

7. Will You Send Estate Planning Documentation for Me to Review?

Having a chance to verify the final wording of your documents helps avoid misunderstandings. Ask your attorney if they provide draft versions for you to look over before signing and whether you can request changes. Also, find out which items can be altered later if your family or finances shift down the road and what the process is for doing that.

It can also be wise to clarify if any provisions are irrevocable. When an irrevocable trust or other arrangement cannot be changed once signed, you want to be sure it is precisely what you intend.

8. Does Your Practice Include Probate?

Probate, the court process to authenticate a will and distribute property, is a companion to estate planning. Some lawyers assist with both, so they can guide your loved ones through the probate court if the need arises. Others may focus on planning only and refer probate matters out as needed.

Probate can be time-consuming, especially without a clear will. In many cases, using trusts or thorough planning can reduce probate headaches. Knowing your attorney's skill in that area can shape your approach to naming an executor and setting up your estate plan.

And, as noted above, an estate planning attorney who also handles probate cases, is, in our personal view, more attuned to the overall process, and able to advise clients more holistically and comprehensively on not only the theoretical planning concepts in estate planning, but also the practical realities, including challenges, of administering an estate and executing on a plan after the client's passing.

9. Will You Be Communicating With My Other Advisors?

Lawyers sometimes collaborate with financial advisors or accountants to coordinate your entire estate. These extra perspectives can prove helpful if you own multiple properties, have retirement plans, or want potential tax benefits.

Consider whether you wish for your attorney to contact your financial advisor so your legal documents and investment accounts align.

If you want this coordination, make sure it's part of your initial discussion. Solid communication among advisors can reduce oversights and keep your plan running smoothly. Importantly, both your lawyers and your financial advisors or accountants will need your authorization to share information with each other.

10. Will My Estate Plan Be Updated If My Circumstances Change?

A will that reflects your situation today might need revisions years from now. Changes in family size, relocating, or shifts in property ownership sometimes require a new plan. Ask your lawyer if they offer occasional reviews or if you can schedule an appointment every few years to see if updates are needed.

Knowing how often you should revisit your plan brings peace of mind. That way, you and your family stay covered, even if life events arise.

Choosing Peach State Wills and Trusts for Your Estate Planning Needs

Our team at Peach State Wills and Trusts® provides personalized guidance through Georgia's probate process, helping you create an estate plan that protects your property and reflects your wishes. We're committed to offering clear advice on trusts, wills, powers of attorney, and probate support with care and dedication.

Ready to get started or have questions? Contact us today at 678-344-5342 or by checking out our online form to discuss your needs and take proactive steps that spare your loved ones uncertainty and delay. You can also download our free estate planning guide HERE, no strings attached. We look forward to helping you secure peace of mind for the future.