DO I NEED AN ATTORNEY TO HELP ME?

For a "simple", uncontested estate you may not need an attorney. You may be able to write your own "holographic" will or use the Stauatory Will form available at many office supply stores.

However, for complex estates, or if you want the peace of mind knowing that your will covers all the bases, it is adviseable that you consult with an attorney.

If you do not know a lawyer who is qualified to discuss your assets and your estate plan with you and to write a will for you, obtain referrals from someone whose judgment you can trust -- friends, associates or your employer. Your local bar association maintains a list of State Bar certified lawyer referral services in your area.

Some lawyers who work in the estate planning area are "certified specialists in estate planning, trust and probate law." This designation means that they have met standards for certification set by the State Bar of California. However, not all lawyers who have experience and expertise in estate planning have sought that certification.

When you retain a lawyer, you should understand what services are to be provided and how much they will cost. California law requires that a lawyer explain, in writing, the nature of the services to be rendered, the cost of those services and the payment terms. You should indicate your understanding of the terms and conditions of the lawyer's employment with a fee agreement prepared by your lawyer.

The cost of preparing a will depends upon the complexity of the documentation and planning required. Costs may vary from lawyer to lawyer. You may belong to a "legal insurance plan" that covers the kind of services you need.

If your income is very low, you may qualify for free or low-cost legal help. Check the white pages of your telephone directory for a legal aid society in your county.

You may also contact your county bar association to see if lawyer referral services offer free legal advice for low-income people or if the bar association can direct you to a no-cost legal services organization.

You should be wary of organizations or offices which are staffed by non-lawyer personnel and you should determine whether any advisor with respect to your will and estate plan has any underlying financial incentive to sell you a particular investment, such as an annuity or life insurance policy.