QUESTION

Attorney fee in California

Asked on Apr 23rd, 2013 on Elder Law - California
More details to this question:
62 years old want to set up living trust/will, power of attorney, health care directive. What is a general amount for fee?
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1 ANSWER

Business Attorney serving Sacramento, CA at McDOUGAL LAW
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Anonymous- Not surprisingly, fees will vary greatly and there's no concrete way to answer your question.  However, some thoughts to keep in mind: Fees are typically set either by the hour or by the project; when it comes to estate planning/ document preparation, a fixed fee for a basic plan seems to have become the standard; Fees are negotiable; A significant amount of the language in an estate plan is essentially boilerplate, based on case law or statutory requirements.  This benefits you as the consumer because the use of commonly defined and understood terms and structures will make the document(s) more understandable if/when questions are raised; Thus, what you're really paying for is the attorney's experience and ability to translate your wishes into legal terms that achieve your goals; You should be prepared to provide fairly detailed financial and personal information to the attorney, leaving this out is only asking for trouble; Depending on the nature of your assets, you may not need a full plan and may be able to distribute your estate without going through probate; Depending again on your assets/ liabilities and comfort level, there are a number of online legal services available, as well as a basic Will form on the California Bar website (www.calbar.ca.gov); I have had a number of clients prepare these documents on their own and then pay me for an hour or two of my time to review/ comment/ revise as necessary. Finally, although it's not related to fees per se, I offer the following thought: out of all of the estate planning documents I prepare, the Advance Healthcare Directive/ Power of Attorney/ Living Will is the most important and I encourage my clients to spend the most time on it.  Why? Your Will is not triggered (if at all) until you have died; Your Trust is a living document that may (usually) be changed at any time; Your Financial (Durable) Power of Attorney- it's only money; but your Healthcare Directive activates when you're still alive and life or death decisions must be made.  As such, it's not only an "instruction" sheet, it's a guide to help those you care for understand and accept the outcomes of their decisions. Best regards,
Answered on Apr 25th, 2013 at 1:05 PM

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