Frequently Asked Questions about
Estate Planning, Wills, Trusts, and Probate

• What are your typical fees, and what do you do to earn them?

As a Virginia estate planning and estate administration attorney, I help my clients plan for deal with the wide range of legal issues that may arise at their death or incapacity, or upon the incapacity or death of their family members.

After I learn about your family, your financial situation, your philosophy, and your estate planning goals, I make recommendations. Once you decide which recommendations to pursue, I will draft appropriate legal documents and discuss them with you.

I can and do work closely with other advisors you may have retained, including accountants, financial planners, and insurance agents, in order to meet your needs efficiently.

I generally charge agreed, fixed fees for the work I do on estate planning tasks. I believe that fixed fees encourage clients to consult with me during the planning process and to ask more questions, and lead to better client relations in the long run. Fixed fees are based on my estimate of the time I will spend on the complete estate planning project, and are different for each client. I usually can quote them at the conclusion of our initial personal interview.

A married couple with identical estate-planning objectives generally may hire the same attorney, paying only a single fee (which is often only a few hundred dollars more than the cost to prepare one person’s estate plan).

I am often asked to quote a price for a “simple will.” I can’t do that, because there really is no such thing. Just as no two Virginia families are alike, neither are any two Virginia estate plans, and I would not fulfill my duty as your personal lawyer if I just filled in blanks on some sort of will form without getting to know you and without discussing other aspects of estate planning.

(As an aside, there is a variety of “will kits” and “lawyer-in-a-box” software programs available in bookstores and by mail order, some of which may be adequate as temporary solutions for young people who cannot afford to hire an estate planning attorney. As of early 2008, there still are no web-based "legal document services" that I believe are adequate even for young people.)

I do understand my clients’ concerns about fees – especially for estate-planning work that possibly could be deferred to another day.

So when someone asks about a “simple will,” I explain that in addition to preparing a suitable will (one that is neither "simpler," nor more complicated, than necessary for that person's particular estate and family situation), I will also prepare for him an advance medical directive and a durable power (or powers) of attorney, and that I will also discuss titling of property and naming beneficiaries for retirement accounts and insurance. For such services, my fixed fee is rarely less than $800 and is usually $1,200 to $1,600. If my client’s estate plan will be centered around a revocable living trust, my fee usually exceeds $1,200 with typical fees ranging from $1,600 to $3,600. (As mentioned earlier, married couples with "mirror-image" estate planning needs pay only slightly more for two estate plans than single people with estates of similar size pay for one.)

Business owners, people with complex family situations, and people with substantial assets in retirement plans often will require additional services, sometimes over a substantial period of time, and their fees will be higher still. In those situations, I may charge a fixed fee for the basic work involved, and agree with my clients on an "add-on" hourly fee for dealing with special problems.

For Virginia probate and trust work (representing the executor or administrator of an estate or the successor trustee of a living trust), I charge either a fixed fee based on the size of the estate or my regular hourly rate (currently $280 per billable hour.) I also represent clients on an hourly-rate basis in Virginia estate and trust litigation, and for filing and prosecuting guardianship and conservatorship applications for incapacitated elders in Virginia circuit courts.

“The minute you read something you can’t understand, you can almost be sure it was drawn up by a lawyer.”  –Will Rogers