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Estate Planning, Probate, Trust
Estate planning is the process someone uses to plan for the distribution of property, real and personal, upon his or her death. To dispose of wealth, an individual usually uses a will or trust. Trusts are sometimes preferred because they avoid probate, the legal process related to the distribution of assets for a will. In either case, however, an individual wants to minimize the issues that may arise upon his or her death. That is what estate planning lawyers are intended to help with. In many cases, estate planning lawyers are working with the elderly, so this is an area partly covered by elder law. Estate planning also overlaps with tax law to a great extent. Many of the laws in estate planning are state laws, so they vary widely.
Unfortunately, this is a difficult process and time in someone’s life. Estate planning usually means meeting with many people in addition to lawyers, such as accountants, financial counselors, and life insurance representatives. It can be stressful to decide who will benefit from the estate upon death. In addition to figuring out the distribution of assets, the individual may be taking care of related matters, such as making funeral arrangements. Though someone might have a general idea that he or she wants a brother, daughter, cousin, etc. to benefit from the estate, most people have no idea where to even start when it comes to the actual documents of estate planning.
The main issues estate planning lawyers will be helping with are wills, trust, health care directives (also known as living wills), and financial power of attorney. Attorneys litigate cases if they go to probate court.
Education and Background:
Internships, on-the-job experience, and LL.M. programs are all great ways to gain more experience in this area of law.
The University of Miami offers an LL.M. in Estate Planning.
Boston University offers an LL.M. in Tax with an Estate Planning Certificate.
NYLS offers a summer intensive in Estate Planning, and the classes may then be eligible for their LL.M. in Taxation.
Some other schools that offer LL.M. programs in Estate Planning are Golden Gate University, John Marshall Law School, Western New England School of Law, and more.
Having a background in tax, finance, accounting, business, or a related field will make understanding the state and federal laws much easier.
The American Bar Association has a Real Property, Trust and Estate Law Section to join.
Getting a job:
Because of the large percentage of the population at retirement age, estate planning lawyers are increasingly in demand. According to the Bureau of Labor Statistics, there will be an estimated 15% growth in the financial advising profession between 2016 and 2026 (much faster than average). Estate planning lawyers mostly work in law firms of any size.
Average salary:
According to a current search on Law Crossing, estate planning lawyers make about $117,813.
Would you like this practice area?
You must be numbers-oriented to understand the financial distribution involved in estate planning. However, you must also be a strong writer and a good communicator. Soft skills are important because your clients are in highly stressful situations, and you need to be able to offer them assurance, professionalism, and a trusting relationship. You also need to be able to think in the long-term.
Consider whether these articles interest you:
4 Reasons Estate Planning Is So Important (Fuscaldo)
“It seems like many people devote more time to planning a vacation, which car to buy, or even where to eat dinner than they do to estate planning—deciding who will inherit their assets after they’re gone. It may not be as fun to think about as booking a trip or checking out restaurant reviews, but without estate planning you can’t choose who gets everything that you worked so hard for.” Read more
Can You Leave Your Social Security to Your Spouse in an Estate Plan? (E.A. Goodman Law, LLC)
“A common concern of many estate planning clients is how their earned Social Security benefits work with their estate plans. Given that these benefits are often a key component of retirement income for many individuals, it is a good question to raise. This article offers a brief overview of how Social Security benefits factor into a comprehensive estate plan.” Read more
Charitable Giving in a Will or Trust – Can Children Contest a Parent’s Wishes? (HG.org)
“A person that leaves charitable funds to an organization may need to utilize the services of an estate planning lawyer to ensure that the funds are inaccessible to heirs of a will or beneficiaries of a trust. These funds are often not contestable as the express wishes of the estate owner, but the children or spouses surviving this person may attempt to acquire them.” Read more
Conclusion:
If you are mathematically oriented but also love working with people and seeing the impact you have on their lives, you might like estate planning law.
Family Law
Do you have a genuine desire to help people? Are you looking for an area of law where you can see the direct impact you have on people’s lives? Family law is comprised of many different areas, all of which involve solving problems that families have in order to help them. While divorce law may be practiced separately, it is a subset of family law. Some of the issues family law attorneys may deal with are:
- Adoption
- Alimony
- Child support
- Child custody
- Divorce
- Equitable distribution
- Guardianship
- Prenuptial agreements
- Restraining orders
- Separation
Education and Background:
Take as many family law classes as you can, and then start work for a law firm that specializes in family law while you are still in law school. Volunteering with non-profits that provide family law related services may also be helpful to secure a job in this area, especially if you are still in high school or an undergraduate program but know you want to do family law. Once you become a family lawyer, you may want to network with others in your field. Joining the American Bar Association’s Section of Family Law may help you network with other people in this practice area as well as provide you with valuable resources. You may also want to consider looking into the International Society of Family Law, American Academy of Matrimonial Lawyers, or the International Academy of Family Lawyers. Additionally, the National Academy of Family Law Attorneys provides helpful resources to look through, and each year it awards the best family law attorneys in each state with an honorable “Top 10” mention. If you want to connect with the best family law attorneys in your state, that’s the resource you need.
Many people don’t realize the extent to which numbers come into play in family law. If you enjoy looking through records and bank statements and are a skilled organizer, you might like this area of law. Backgrounds in accounting or finance could even translate well into this area of law.
Getting a job:
Family law requires a high degree of trust. You are much more likely to get a job with a small firm that specializes in family law than a large firm that just has one or two people working in this area. The law varies a lot by state, and clients like to know that their family lawyer has spent years dealing with local cases just like theirs. Luckily, there’s an abundance of small firms practicing family law in almost every city and town in the US. This is a “safe” area of law that will never go away and has steady business. Once you start working as a family law attorney, however, you will find that there is a great deal of local competition. You may struggle more to find clients than to find a job.
In addition to working at a small law firm, you might find work with a nonprofit legal services organization or with the government.
Average salary:
At the time this was written, the average salary for a family law attorney was $71,587. Although significantly lower than other areas of law, this is typically not an area a lawyer practices for the money but because they enjoy it.
Would you like this practice area?
Strengths/Weaknesses: One of the most important skills you must possess is being a strong listener. If you are good at connecting with others and building interpersonal relationships, you will be a great family law attorney! If you are the type of person whose friends always come to you to discuss their problems, realize that it is because they trust you, which is exactly the kind of personality you need to have to become a family law attorney! Being able to maintain an even temperament and remain calm in stressful situations is essential to this area of law. Your friends likely describe you as “compassionate” and a “communicator” if you are well suited to family law.
Likes/Dislikes: Do you hate drama, dealing with difficult people, and listening to people talk about their feelings? You probably shouldn’t go into family law in that case. If you like working with families, solving problems, and taking on challenging emotional situations, this might be a good area for you to practice.
Consider whether these articles by Turco Legal interest you:
“Planning for college expenses is hard enough, but it gets even more challenging for those who co-parent. Among other expenses related to the maintenance and welfare of a child during a divorce or child support proceeding, the court sometimes orders a party to pay college costs. In a related article, we wrote that in Massachusetts, a party may be required to continue paying child support when his or her child heads off to college. Under Massachusetts General Laws Chapter 208, Section 28, parents have an ongoing duty to support a child who is at least 18 but not yet 21 if the child maintains a legal domicile with a parent and is principally dependent upon that parent for support.” Read more
“Health care coverage is also a concern is when dealing with child custody issues. It is necessary to determine which parent will be responsible for providing the child or children with health insurance. Similar to spousal health insurance, Massachusetts family law in conjunction with the state insurance laws governs the question regarding health insurance coverage for a child. Note that while a judge must make these decisions in conformance with the laws, the judge will also consider several factors in determining which parent should provide the health insurance for the child.” Read more
“When embroiled in a divorce, children play an important factor in many decisions such as child custody and child support. As these issues can greatly impact a family, our family law attorneys educate parents and soon-to-be-divorcees on how the court views these important issues. Child custody decisions can create a lot of tension for children, divorcing parents, and the overall family dynamic. Our family law attorneys know how daunting this can be. Possibly, you won’t be seeing your children every day, and the amount of time you have with them is becoming uncertain. In this post, we will be highlighting the “best interest of the child” standard. This is an integral part of the court’s decision and a common standard at the heart of child custody decisions.” Read more
Family Law Attorney Spotlight:
Shannon Rand is a divorce and family law attorney for Turco Legal. She is an excellent communicator who is extremely talented at handling emotionally stressful situations.
Shannon’s Interview
Q: How long have you been a lawyer?
A: 20 years
Q: Where did you go to law school?
A: Northeastern University School of Law
Q: In what practice area(s) do you practice? If more than one, what’s the percentage of each?
A: Family Law 100%. Previously: Child Support, Domestic Violence Family Law, Disability Law and Medical Malpractice.
Q: What size is your firm?
A: Small
Q: Describe an average day at work…
A: Multiple meetings whether in person or on the phone; strategizing; preparing correspondence to clients and opposing counsel; drafting agreements.
Q: Do you deal with difficult/emotional people?
A: Yes
Q: What makes your day-to-day work different from that in other practice areas?
A: There is a lot of personal interaction with clients. It is a lot of problem solving and negotiating.
Q: How many hours a week do you typically work?
A: 40-50
Q: What do you like most about your job/practice area?
A: The positive work environment in the office and the team mentality.
Q: What do you like least about your job/practice area?
A: Unreasonable clients that are indecisive. I also do not like judges that take advantage of wearing the robe and speak condescendingly to litigants and attorneys.
Q: You would be a happy and successful lawyer in this practice area if you…
A: …are sociable, like helping people, are good at public speaking, and are a problem solver.
Q: What advice would you give students interested in learning more about being a lawyer in your practice area?
A: Family law is very fact driven and depends a lot on the judge assigned to the case. Learn as much as possible about the judges’ preferences and leanings before you decide on a strategy for your case.
Q: What other comments do you have to add about your practice area?
A: Because it is a highly emotional time for people, if you are not a people person, this is not the area of law for you.
Conclusion:
It takes a certain type of person to be a family lawyer – compassionate, good at listening, and skilled at handling dramatic and emotional situations. This is not the most lucrative area of law, but at the end of the day, you can walk away knowing you truly helped families solve their problems.