Attorneys

 
 

Attorneys are a necessary part of a good estate plan. A good attorney will help you make decisions about your dispositions and will help you structure a plan that minimizes taxes. Your attorney is an objective party that can attest to your intentions and protects you. They are there for you should you have a change in family structure, and will store a copy of your will.

Finding Legal Representation.
There are many ways to find a good attorney. Perhaps the soundest way is to get referrals from friends and family. At DG Copyright Management, we have a growing list of qualified attorneys. We can make that list available to you should you decide to enroll. You can also find legal assistance through your local bar association or through one of the arts organizations linked below.

How Do I Know if it’s the Right Fit?
Once you are ready to build your estate plan, you will need to hire a trusts and estates attorney to draft all your testamentary material.  You should make sure that your attorney is familiar with the laws of the jurisdiction you reside in, as the laws of trusts and estates are governed by state and municipal laws rather than federal laws.

As a writer, it is of the utmost importance that your trusts and estates attorney has some experience with copyright law (or a willingness to collaborate with someone who does).  Copyright law raises particular issues in estate planning that can make the process more complicated. In a perfect situation, this attorney would also know how to establish a literary executorship.  A literary executor is someone who is appointed to oversee your intellectual property rights after you die.

How Much Will this Cost?

The cost involved in creating an estate plan varies by location and size of estate. You should feel free to discuss the costs with your attorney at any time. Also, your attorney should provide you with a breakdown of costs when requesting payment. (Tip: You can generally keep costs down by being prepared for your meetings.)

Generally speaking, attorneys will ask for a retainer (an upfront payment) and work on an hourly rate. Some attorneys might be willing to offer a flat rate.

If the cost of hiring a personal attorney is too burdensome, you may be able to qualify for legal services at a reduced rate. There are also pro bono service organizations. (See list below.)  

Over the last several years, several “do-it-yourself” websites have become available. These websites allow users to create a will at a significantly reduced price. While these services may work well for those with few assets or an uncomplicated plan, they may be insufficient for those with more complex estates. You can find a deeper discussion on this type of service along with a list of service providers, HERE.

 
 

Preparing to meet your attorney.
It will come as no surprise that attorneys are expensive. Therefore, we suggest going into attorney meetings as prepared as possible to minimize the billable hours. Here is a list of things we suggest gathering BEFORE you meet with your attorney:

  1. Outline your family needs and personal information

  2. Create a list of assets. This would include an index of your copyright catalog (See Legacy for information on how to index a catalog) as well as non-copyright assets (e.g., real property, retirement plans, life insurance, stocks, cash accounts, and any other items that are of great monetary or sentimental value.) While not all your assets may be subject to probate, it is still a good idea to include them so that you and your attorney will get the full picture of who is receiving what.

  3. Family Tree. Although it may seem odd at first, creating a family tree at the start of your estate planning journey will be incredibly helpful to you and your attorney. A family tree helps to illustrate who the potential heirs and beneficiaries might be. It also helps your attorney understand the family structure and can be used by your executor and attorney to locate heirs.

  4. Secured Assets and Accounts. It is also helpful if you create a list of places that contain important documents or items that are in safekeeping. and how to access them. This list could include information on any lockboxes, safety deposits, external hard drive locations, computer passwords, and digital account usernames and passwords.  [The law for digital estate planning is rapidly evolving in certain states.  Check with your attorney on this point so that you can plan accordingly.]

    Jump to: Videos — External Links
    See also: Literary Executors

 

Videos

For more webinars and videos on this topic, please visit our YouTube Channel.

 

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DISCLAIMER:
This site is provided as a public service. The information contained in this site is not legal advice, nor is it legal representation. Laws are constantly evolving and changing. Additionally, Trusts & Estates is determined mostly by state law and we rely on outside sources for this information. We make no warranty or guarentee of the accuracy or reliability of the information contained din these pages.