The question you’ve asked is a fair one, but I’m not sure it’s possible for me to give a satisfying answer because I know so little at this point about the work that would be involved. Allow me to explain:
Florida does not recognize joint wills, even for married couples, so each person would have their own will. (Joint trusts, on the other hand, are permissible.) To determine the fee for each will, we would start with a consultation. The consultation fee is applied in full toward any work I am retained to do.
Representation fees vary based upon the nature, complexity, and urgency of the matter. Factors such as the type of planning to be utilized and whether there will need to be court involvement also enter into the equation. The documents I prepare reflect my experience as an elder law attorney and are not off-the-rack fill-in-the-blank forms of the type you would get from Office Depot, LegalZoom, or a general practitioner running a document mill. There are plenty of those out there, and you generally get what you pay for. Certain documents may be the end goal and result of our planning; others may be tools to help us get there. I do charge flat fees for planning, but those fees vary from case to case based upon the complexity of the work (not necessarily the size of the estate, but rather how complicated or straightforward the circumstances) – accomplishing planning for an incapacitated individual with a small estate but a spendthrift or disabled or estranged child can be a lot more involved than doing planning for an individual with a large estate but no children, for example. Since it’s tough to flesh out what is going to be involved before gathering information at an initial consultation, it’s not easy to accurately estimate fees and so I generally dislike giving even ballpark estimates – the consultation may bring to light that we need a different type of ballpark entirely.
Above all else, I want to be fair. To quote a fair price (or even give fair estimates), I really need to hear more about your circumstances first, and that’s what the consultation is for. I don’t want to overcharge someone who does have a relatively straightforward case. On occasion, where I determine it’s appropriate, I even waive my fees entirely. At the same time, I don’t want to base the fee or estimate on an assumption that a potential client’s circumstances are uncomplicated when the reality may be otherwise. When I quote a fee, I take many factors into account:
1. I look at how urgently the planning is needed – much can be done in crisis, but a client who presents with a situation requiring more urgent attention may necessarily incur a higher fee than a client who is planning in advance, because I will have to set aside other work and devote more time more quickly to the former.
2. I look at the family dynamics and assess how complicated they are. If there are estranged family members, or family members with competing interests, planning can become significantly more difficult.
3. I look at the individual’s assets (not necessarily at how much they have, but rather at how what they have is held and how that might impact the ease or difficulty of accomplishing the planning overall).
4. I look at how much has to be undone or redone before we can move forward. It is more difficult to accomplish planning for a client who has done things incorrectly in the past which must be corrected before proper planning can proceed.
These factors, and more, help guide the fee determination process. By the conclusion of the consultation, after we have had the chance to talk and learn about each other, we will both be in a better position to understand what the work is and what a fair price for the work would be.
I can tell you that, as a sole practitioner, I am able to keep my overhead low and that is reflected in the fees I charge. You may find other attorneys with similar experience that charge a bit less than I do, and you’ll certainly find others that charge significantly more. I can also tell you that, should you decide to move forward with the consultation, our meeting won’t be a sales pitch. Rather, I’ll be giving advice and counsel throughout and then applying what you’ve paid for the consultation toward the work I’m retained to help accomplish.
One additional thing to consider: What is the cost of not having a will? If you die without a will in place then Florida’s intestacy statute will apply and dictate the division of your estate for you. Florida’s default rules may not reflect what you would have wanted. They certainly won’t take into account any particular needs your family or beneficiaries may have. Not having a will (or, even worse, having a “Do It Yourself” will) often winds up costing more in the long run than doing proper legal planning would have.
I recognize that this response is almost certainly not what you were looking for, but I hope it helps to explain why I can’t respond in the way you might have been anticipating. And while I’d welcome the opportunity to speak with you further, a public exchange on Google isn’t the right place for it – you’re welcome to give me a call if you need further clarification on your question.
If you’d like to schedule a consultation, you can do so here: https://www.ternerelderlaw.com/calendar
