CJ, you need separate attorneys, because you're addressing two distinctly separate practice areas. In law, a practice area is somewhat akin to a medical specialty. I would avoid generalists at all costs - these are the kind who might do some estate planning, some criminal, some litigation...a little bit of this and that.
Estate planning and elder law attorneys handle trusts. Pension plan attorneys deal with retirement issues.
If, however, your retirement is something to be factored into your estate planning, you might get some nominal advice from an EP or EL attorney. But if you have questions on retirement plans, structuring payouts, etc., you definitely need someone in the retirement and pension plan practice area.
As to selecting one from a list, this is what I always suggest:
Visit the websites of the attorneys listed in the specific practice area (i.e., estate planning), see if the firm is one or two people, mid-size, large or very large firm. Review the profiles and background of the attorneys.
In a medium sized law firm, there can be a number of attorneys in, say, the estate planning area, with some specializing in people of "high net worth" (read lots of money), some focusing on average people's estate plans and others on a variety of trusts including some which wouldn't be appropriate for the average older person.
Find out if the charges will be for an entire estate plan package, including a trust, or if they're hourly, and what those hourly fee rates are.
If the website has links to newsletters or articles, check those out. My preference has always been attorneys who are not only top notch in their field, but who also participate in outreach and sometimes educational programs for clientele as well as potential clientele.
An elder law attorney will be able to address issues of both trusts and retirement, although a financial advisor would typically be involved in the retirement side of it. Once you have your list, you can go to naela(National Academy of Elder Law Attorneys) and see if they are listed there. If they have a CELA (certified) by their name, even better.
Scroll down to the very bottom of this page... down in the blue area, click on ELDER LAW ATTORNEYS.... now you will see a box where you can put your zip code. This is how I found my Elder Law Attorney and she is outstanding :)
If you contact your state's bar association, you can get a list of attorneys and their area of practice. You can also check if any have been disciplined for mishandling clients' affairs.
So far they all want a 250.00 consultation fee. I did not post the problems very well . My mother has a signed paper saying she has a trust, I cannot find it. She cant remember. My sister did remove most of my mothers papers from her house, I had to request she return everything . I cannot be sure of that . She did at one point tell me she hired a lawyer to take my mom away to live by her. After I hired one she informed she didn't . She feels my mother should be in a full skilled facility, more money. My mother would not be where she is if she needed that , they would tell me. My mother also sent the majority of her retirement to my sisters husbands bank. My mother was upset at the time because he filled out papers and put my sister down as joint (not POD). These are 2yr CD that mature this week. I have no proof she even sent the money , except the interest statements that come in the mail are adressed to my mother and my sister. My mother is in hospital now, my sister is coming to see her this Thurs. I told her I was going to have to go to her husbands bank and sign to move the money here .Her reply was dont worry about the CD's they are in my name and she will be needing all that for full skilled nursing. Im afraid they will just move the money into my sisters account and then my mother will be subject to their control since they would have most of her retirement. My POA is questionable because I didnt get a doctors letter that states in the presence of my mother , she feels she needs help making decisions for her. I have to get another doctor to do it. Her doctor moved out of state. I only have his notes stating he thinks this woman may have some dementia problems but is still capable of remaining in her home with some minor outside assistance. Also when she was in hospital 4 months ago another doctors notes say, "this woman dosen't seem to know where she lives and seems to have dementia or possibly beginning Alzheimer I think that after talking with 3-4 lawyers with out paying the consultation fee. I need to just go to the bank my sisters husband owns and try to withdraw the money and close the CDs. If they refuse to accept my POA . Then I will have to hire lawyer. And another to see about making out a trust where if I or my brother on medicaid wont get hurt with what ever we might inherit should my mother pass. . I need a lawyer to address if I can make a list of the actual Trust and maybe another if I have to file a law suite to get the money from their bank. If I close the two CD's early there is a penalty.
I have talked to 4-5 differant lawyer firms. All wanted a consultation fee 250 or higher, all elder law firms from this web site , by typing in my zip code in. I have one more to call. I was instructed way back when I was threatened not to have any contact with my family members. I havent been able to do that very well. I realize the problems it has caused and have done it some but not entirely.
Estate planning and elder law attorneys handle trusts. Pension plan attorneys deal with retirement issues.
If, however, your retirement is something to be factored into your estate planning, you might get some nominal advice from an EP or EL attorney. But if you have questions on retirement plans, structuring payouts, etc., you definitely need someone in the retirement and pension plan practice area.
As to selecting one from a list, this is what I always suggest:
Visit the websites of the attorneys listed in the specific practice area (i.e., estate planning), see if the firm is one or two people, mid-size, large or very large firm. Review the profiles and background of the attorneys.
In a medium sized law firm, there can be a number of attorneys in, say, the estate planning area, with some specializing in people of "high net worth" (read lots of money), some focusing on average people's estate plans and others on a variety of trusts including some which wouldn't be appropriate for the average older person.
Find out if the charges will be for an entire estate plan package, including a trust, or if they're hourly, and what those hourly fee rates are.
If the website has links to newsletters or articles, check those out. My preference has always been attorneys who are not only top notch in their field, but who also participate in outreach and sometimes educational programs for clientele as well as potential clientele.
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