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Trust Law/Level II · Do you need one?/2.2 What it costs/Lesson 6

Questions to ask before you hire anyone

Vetting professionals before you sign a contract

Education, not legal advice. Trust law changes from country to country and state to state, and the right structure depends on your situation. Anything you sign should be drafted or reviewed by a qualified lawyer where you live.

The lean path

The cheapest, lowest-tax, simplest and most private route the law allows, best first. Each step names the rule it rests on and the condition that keeps it lawful.

  1. Check the licence free before paying: each US state shows whether a lawyer is admitted and in good standing, and the ABA’s FindLegalHelp.org lists each lookup. Catch: good standing proves a licence, not trust expertise, so ask how many trusts they draft in your state.
  2. Get the scope and fee in writing (ABA Model Rule 1.5(b); California requires a written agreement when expense will likely exceed $1,000, Bus. & Prof. Code §6148). Catch: ask specifically whether deeds, funding and later changes are included.
  3. Ask for limited-scope help, such as review of a statutory will or drafting only a deed; ABA Model Rule 1.2(c) allows it. Catch: the limitation must be reasonable and you must give informed consent.
  4. Walk away from seminars or in-home pitches that rush you; the FTC told the Senate Special Committee on Aging in 2000 that some use living-trust offers to sell annuities. Catch: take the papers home, and never sign under time pressure.
  5. If the lawyer proposes to be your trustee or executor, ask why and at what fee; a family member can serve unpaid under UTC §708. Catch: a professional trustee controls the assets and can be paid from them.

MaterialsA list of three potential attorneys or accountantsThe contact information for your state’s bar association websiteA copy of any draft trust document you have received so far

Wonder

  1. What specific experience does this person have with my exact situation?
  2. Will I be charged extra if the laws change after signing?
  3. How can I verify they are actually allowed to practice law here?

Explore

  1. Before paying anyone, ask about their specific experience. In the United States, estate planning rules vary significantly by state. A lawyer fluent in California law may not know New York nuances. Ask directly: ‘How many trusts have you drafted in this specific state?’ If they hesitate or give a vague answer, that is a signal to look elsewhere. You are hiring for precision, not just general knowledge.
  2. Next, clarify the cost structure. Some professionals charge an hourly rate, where every minute of their time adds to your bill. Others offer a flat fee, which covers specific deliverables like drafting a will or trust. Ask exactly what is included in that price. If you later ask for changes, is there an extra charge? Knowing this upfront prevents surprise invoices when the work feels endless.
  3. Ask who will fund the trust. A living trust only avoids probate if assets are actually transferred into it. This process is called funding. Your attorney should explain how they handle this. Do they help you change titles on bank accounts and deeds? If not, you must do it yourself. An unfunded trust leaves your estate to go through probate anyway, defeating the purpose.
  4. Consider whether the professional wants to serve as the trustee. A trustee holds legal title to the assets and manages them for the beneficiaries. If your lawyer becomes the trustee, they gain control over your money. This creates a potential conflict of interest, especially if fees are involved. Ask if this is necessary or if an independent third party might be better suited for that role.
  5. Beware of high-pressure sales. In 2000 testimony to the US Senate Special Committee on Aging, the Federal Trade Commission described businesses that advertise living-trust seminars or mail postcards offering in-home appointments, exaggerate what a living trust can do, and sometimes use the offer to get your financial information and sell other products, such as annuities. The FTC added that a living trust is not for everyone and will not achieve its purpose unless it is properly drafted and funded. If anyone rushes you to sign, you can take the papers away and check first.
  6. Finally, check the licence. Each US state licenses its own lawyers; depending on the state, the records are kept by the state bar, the court system or a separate regulatory office. Most states let you search online by name to confirm a lawyer is admitted and in good standing and to see public discipline; a few ask you to phone. The American Bar Association’s FindLegalHelp.org lists each state’s lookup. The check is free. It confirms the person may practise law in your state; it does not tell you whether they know trusts well.

Key facts

  • Estate planning laws differ by US state, so local experience matters.
  • A flat fee covers specific deliverables; hourly fees charge for all time spent.
  • Funding the trust means transferring assets into it; an unfunded trust does not avoid probate.
  • In 2000 testimony, the US FTC warned that some living-trust seminars and offers exaggerate the benefits and are used to sell other products, such as annuities.
  • Each US state keeps public records of whether a lawyer is licensed and in good standing; the ABA’s FindLegalHelp.org lists where to check in each state.
  • A lawyer who becomes your trustee controls the trust assets and may be paid from them, so ask why it is proposed, what it costs, and who else could serve.

Exercise nine, six, three, one

9CollectGather 9 questions you would ask a potential attorney or accountant before signing any contract, focusing on experience, cost, and conflicts of interest.
6ClusterSort the 9 questions into 6 categories: Experience, Cost Structure, Funding Process, Conflict of Interest, Sales Tactics, and License Verification.
3DistillReduce the 6 categories to 3 core principles that protect you from financial or legal harm during hiring.
1CrystallizeWrite 1 sentence summarizing why verifying a professional’s specific state experience and license status is non-negotiable before signing.

Fact check

Dates, figures and claims checked against the published sources listed below.

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