Who Needs an Estate Planning Attorney?
Not every estate plan needs a lawyer but many do. The truth is, online templates and DIY kits might be fine for simple situations, but the moment your finances, family, or future get even slightly complex, professional help can make a massive difference.
An estate planning attorney doesn’t just fill out forms. They protect your legacy, anticipate problems, and help you avoid costly legal missteps. So how do you know when it’s time to bring one in?
Let’s walk through the key situations where hiring an estate planning attorney is not just smart it’s essential.
You Have a Blended Family or Second Marriage
Estate planning gets tricky when families blend. If you have children from a previous marriage, you need to be especially careful about how assets are divided or you risk unintentionally disinheriting someone.
Without an attorney:
- A surviving spouse may inherit everything, leaving stepchildren with nothing
- Verbal agreements between family members can’t override legal documents
- Beneficiary designations may not reflect your current wishes
An attorney can help you use tools like qualified terminable interest property (QTIP) trusts to protect both your spouse and children.
You Own Real Estate in More Than One State
If you own property in multiple states say, a vacation home in Arizona and a condo in Florida your heirs could face multiple probate proceedings unless your estate is structured properly.
A lawyer will help you:
- Place properties in a revocable living trust to avoid probate in each state
- Coordinate titling to align with your overall plan
- Navigate state-specific inheritance and tax laws
This alone can save your family months of court delays and thousands in legal fees.
Your Assets Exceed the Estate Tax Threshold
Federal estate taxes in 2025 only apply to estates over $13.61 million, but many states have their own lower thresholds (as low as $1 million in Massachusetts and Oregon).
Even if you’re not there yet, rapid real estate appreciation, business growth, or inheritance could change that.
An estate attorney can:
- Help structure gifting strategies to reduce taxable estate value
- Set up irrevocable trusts or family limited partnerships
- Ensure life insurance doesn’t unexpectedly inflate your estate value
Proper planning can mean the difference between paying hundreds of thousands in taxes… or none at all.
You Have a Child with Special Needs
If you’re a parent of a disabled child, estate planning takes on another level of urgency. You’ll want to provide financially without jeopardizing their government benefits like Medicaid or Supplemental Security Income (SSI).
An estate attorney can:
- Set up a Special Needs Trust (SNT) to hold assets safely
- Name guardians and trustees with clear roles
- Help you avoid disqualifying your child from aid
Even a well-meaning relative leaving them a direct inheritance could cause long-term harm if it’s not done properly.
You’re a Business Owner
Business succession is one of the most overlooked parts of estate planning. If you don’t have a plan, your company could face:
- Forced liquidation
- Family disputes
- Unclear leadership
Attorneys can help you draft:
- Buy-sell agreements
- Business continuity plans
- Funding strategies using life insurance
This ensures the company and your employees are protected, and your family receives the value they deserve.
You’re Concerned About Asset Protection or Lawsuits
If you’re in a high-risk profession (doctor, contractor, landlord) or simply want to shield your estate from potential creditors or lawsuits, legal strategies can provide peace of mind.
An estate planning attorney might recommend:
- Irrevocable trusts to remove assets from your taxable estate
- LLCs or family limited partnerships (FLPs) for real estate or business holdings
- Homestead protections or titling techniques like tenancy by the entirety
These aren’t DIY tasks — one misstep could make your whole plan fall apart in court.
Your Estate Plan Needs Updates — and You Don’t Know Where to Start
Life moves fast. If any of the following have changed, you should revisit your estate plan with a lawyer:
- Marriage, divorce, or remarriage
- Birth or death of a family member
- A move to a different state
- Change in financial status
- Outdated or missing documents
Even a mismatch between your will and your beneficiary designations (on a 401(k), for instance) can send your estate into legal limbo. An attorney can make sure everything works together seamlessly.
You Want Peace of Mind, Not Paperwork
Yes, you can fill out a will online. Yes, you can title assets a certain way. But do you know the latest tax law? Do you know what your state requires for a document to be valid?
If you’re losing sleep or spending hours researching, that alone might be a reason to hire a professional.
Estate lawyers don’t just create documents. They create clarity, continuity, and calm for the people you care about most.
Key Takeaways
You probably need an estate planning attorney if:
- Your family or finances are complicated
- You want to avoid probate in multiple states
- You own a business or investment property
- You need tax strategies or asset protection
- You have a special needs dependent
- You simply want professional guidance you can trust
For many people, hiring an attorney ends up saving more in time, taxes, and legal risk than going it alone.
Next Up: How to Find an Estate Lawyer You Can Actually Trust
You now know when it’s worth hiring an attorney but how do you choose the right one?
Read next: How to Find an Estate Lawyer You Can Actually Trust — Learn what credentials, red flags, and questions to look for.
