Estate planning involves managing the division and inheritance of an individual’s assets, which comprise their estate. A trusts and estates attorney deals with the protection of a client’s assets during their lifetime and the distribution of those assets following their death.

The law of trusts and estates governs the use of certain types of legal tools, such as wills, various types of trusts, advance directives, and even closely held entities, such as partnerships and limited liability companies, to provide for the orderly distribution of assets and the payment of any debts or liabilities that the estate may owe. Trusts and estates law can also be a powerful financial planning tool to help families manage, protect, and preserve wealth for future generations.

The Distinct Role of a Trusts and Estates Attorney

Trusts and estates lawyers work closely with their clients, usually for several years. Due to the highly personal nature of trusts and estates law, attorneys in this practice learn a great deal about their clients’ financial matters, personal issues, and family relationships. During business relationships with their clients, attorneys may become privy to private, delicate, or other sensitive information. As a result, a trusts and estates attorney will often become a true family counselor and confidant, providing personalized guidance and helping the client work through financial and personal concerns.

But the role of a trusts and estates lawyer isn’t limited to simply providing legal advice or even financial planning. Trusts and estates lawyers are responsible for drafting testamentary wills, trusts, and other legal documents, such as financial and healthcare powers of attorney, and handling nearly all aspects of administering their client’s estate, which often includes the probate process.

As part of their role, trusts, and estates lawyers typically also communicate and collaborate with their clients’ other advisors, including financial and tax professionals, as well as their clients’ heirs and beneficiaries. Trusts and estates lawyers are also required to maintain current knowledge of applicable laws and regulations, including tax laws related to estate, inheritance, income, and gift taxes, as well as evolving government policies, and monitor for changes and developments. Furthermore, many trusts and estates lawyers may also deal with contested wills and litigation.

In summary, the role of a trusts and estates attorney is dynamic, as they must customize their services to each client’s unique situation and circumstances. In general, all trusts and estates lawyers advise clients, assist them in arranging their financial affairs, and ensure the administration of their client’s assets according to the client’s wishes with minimal tax consequences.

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