If a loved one has been diagnosed with a disability, you may be considering a special needs trust. Because of your loved one’s impairment and more fragile state, this can be a wise decision. The problem is that many people overlook how essential it is to hire a special needs trust lawyer.
Not doing so can lead to many unnecessary roadblocks that can cause severe problems.
If you’ve found it hard to decide whether to hire one or not, keep reading. We’ve compiled a list of questions you need to ask a special needs trust attorney.
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1. How Many Special Needs Trusts Have You Written?
Researching the attorney and inquiring about their specialty in crafting special needs trusts is essential. Specifically, a key question one should ask is, “How many special needs trusts have you written?”
As a rule of thumb, an attorney should have written at least 20-25 special needs trusts for clients to show that they have substantial experience in this area of law.
It’s also a good idea to ask what types of trusts the attorney has written and what strategies are employed. Ask also whether or not any challenges need to be addressed.
Asking these questions can help one better understand whether the attorney has the requisite experience and knowledge to assist them with their needs.
2. How Long Have You Been Working With Family With Special Needs?
Having experience in the field is essential, as it makes sure you can trust that the lawyer is well-versed in their field and has your best interests in mind. This also shows their commitment and dedication.
Inquiring about their experience and background in family law and special needs can give you peace of mind. This is upon knowing you are in good hands. You can be sure you are getting the best advice available.
Furthermore, it’s always important to seek references from the lawyer. References assist in gauging how the lawyer has worked with past clients and if they had good experiences.
3. What Inspired You to Specialize in Special Needs Trusts?
Answering this question will give an insight into their background and motivation. They may talk about how they found a passion for representing individuals with disabilities. They may also talk about how their experience with a personal family member or friend with special needs influenced their decision.
Regardless of their answer, it’s an excellent opportunity to assess their commitment to supporting individuals with disabilities. This will provide clients with the counsel they need.
4. What States Are You Licensed to Serve?
Knowing what states the lawyer is licensed to operate in is essential to ensure the lawyer can assist you with legal matters in your state. For instance, if you’re looking for lawyers in Arizona, ensure that they are aware of the state’s specific laws, just like the living trust attorneys in Chandler. This will ensure the trust will be valid and enforceable in the state you live in.
Asking this question will help ensure the services provided to create and administer a special needs trust are reputable and current with state laws.
5. What Are the Different Types of Special Needs Trusts?
When considering what type of trust best meets a person’s needs, asking a special needs lawyer questions is essential. This should include questions about the different types of available trusts, such as a first-party trust, a third-party trust, a pooled trust account, a Supplemental Needs Trust (SNT), and a Special Needs Assistance Trust (SNAT).
Each trust has different requirements that must be followed. The lawyer should be able to explain the differences between these trusts.
6. How Do You Prioritize Communication With Your Clients?
When considering engaging a special needs trust lawyer, ensuring their communication style and response rate align with your expectations is essential. Ask how often they plan to check in and update you and whether they plan to use email, phone calls, or other forms of communication.
You should also explore their response times. Inquire about how quickly they can expect to receive an answer to any questions or inquiries you may have. This will help you better understand their communication style and what to expect in the future.
This will also help to ensure that you and your special needs trust lawyer are on the same page. It will also ensure that your child’s needs are being prioritized in an efficient manner.
7. What Is Your Upcoming Schedule Like?
Understanding your lawyer’s availability can ensure your trust is created correctly and managed promptly. Asking specific questions about the attorney’s upcoming schedule can provide insight into your potential timeline.
You can also ask, “Are you currently working on any trusts? Do you have any vacations or holidays coming up? Are there any conflicts that may prohibit us from progressing speedily?
These questions will help you understand how quickly you can expect the trust creation and management process to be completed.
8. What Is Your Pricing Range?
Some lawyers may charge hourly rates, while others may offer a more fixed fee structure. It would also be helpful to know what fees are included in the pricing to see what you are paying for.
Knowing the lawyer’s fees and other essential information will help you make a more informed decision when creating your special needs trust.
9. Do You Offer a Discount?
It is essential to ask a special needs trust lawyer if they offer a discount when hiring them to represent you in a case. Discounts may be available depending on the following:
- The complexity of the case
- The attorney’s experience
- What you can pay
- The fees that the lawyer charges for their services
Moreover, it is important to inquire if the lawyer offers any payment plans. Ask also if they accept payments made in installments. Asking if a discount is offered can help you get the representation you need without breaking the bank.
Utilize These Questions to Ask Special Needs Trust Lawyer
The information presented in this article is comprehensive and has given an overview of the topics to discuss with a special needs trust lawyer. Asking multiple questions and gaining detailed information is helpful when engaging a special needs attorney to ensure peace of mind for your family.
So what are you waiting for? Utilize these questions and speak to a lawyer to address your family’s needs today!
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