Honest Answers from The Plain English Attorney
Here’s the Answer Most Estate Planning Attorneys Won’t Give You
When people ask, “Why should we hire you?” they’re usually expecting a polished, rehearsed answer, something safe, predictable, and easy to say in a meeting. That’s not how I approach estate planning, and it’s not how I’m going to answer this question. If you’re trusting someone to help guide decisions that affect your family, your assets, and ultimately your legacy, you deserve a clear and direct explanation of what actually makes one attorney different from another. Not marketing language, not buzzwords, and not a vague promise of “experience,” but a practical explanation of how the work is done and why that matters.
Attorneys That “Do Estate Planning”
First, most attorneys who “do estate planning” aren’t really doing estate planning in the way most people think. They are selling documents. Estate planning is often treated as a side practice, something handled in between other areas of law, and the result is that those attorneys tend to rely heavily on templates and standard language. They fill in the blanks, adjust a few provisions, and move on.
That approach may technically produce valid documents, but it often barely scratches the surface of what is actually possible when thoughtful planning is applied. Real planning requires listening, understanding the underlying concern, and then thinking creatively about how to solve it in a way that fits the client’s situation.
I had a client who told me she didn’t want her son to ever receive his inheritance outright because he had a long history of poor financial decisions. At the same time, she struggled emotionally with the idea of saying “never.” It felt too absolute, even though she knew the risk was real. Rather than forcing her into a decision she was uncomfortable with, I suggested setting the age of distribution at 186. That solution allowed her to move forward because it addressed both the practical concern and the emotional hesitation. The inheritance would remain protected in trust for his lifetime, but she didn’t have to say the word “never.” That kind of solution does not come from a template. It comes from taking the time to understand what the client is actually trying to accomplish and then building a plan around that.
Marsocci, Plain English Estate Planning
Second, I speak to my clients in plain English, and that is not as common as it should be. Many attorneys explain things the way they were taught in law school or the way they speak with other attorneys, which often results in clients nodding along without truly understanding what is being said. Important decisions end up being made based on partial understanding, and that creates problems later when the plan is actually needed. If a client does not fully understand how their plan works, then the plan is not doing its job, no matter how well it is written.
Years ago, I met with a client who had been working with a large and well-known law firm for his business legal matters. When he asked about estate planning, they brought in one of their attorneys to discuss it. The attorney talked about probate, trusts, and other concepts using a lot of legal terminology that the client did not understand, and when the conversation turned to avoiding probate, it was treated as if it were not particularly important, explained in a way that left him confused rather than informed. A friend suggested that he speak with me, and when we met, I walked him through what probate actually is, why many families want to avoid it, and what his options were, all in plain English. His reaction was not excitement but relief, because for the first time, he understood what he was being told and felt like he could make an informed decision.
That approach is why I have created books, courses, blogs, and videos that explain planning issues in plain English, so clients can absorb the concepts without being overwhelmed by legal terminology.
Structured Estate Planning Process, Client-Friendly
Third, over the years we have developed a structured process that walks clients through estate planning in a way that is both thorough and manageable. Estate planning can feel overwhelming if everything is presented at once, and it can feel incomplete if it is rushed. The balance between those two extremes is critical. When working with a revocable living trust, we guide clients through several focused meetings, each designed to address specific aspects of the plan without overloading them at any one point. This structure allows clients to understand each component as they go, rather than trying to absorb everything in a single sitting.
At the same time, the process is not rigid or rushed. There is plenty of room for clients to ask questions, explore different options, and take the time they need to feel comfortable with their decisions. We also provide tools and videos that address common questions, so clients can revisit explanations at their own pace and come into each meeting better prepared. The goal is not simply to complete documents, but to ensure that clients understand their plan and feel confident in how it will work when it is needed.
Flat Fees vs Hourly Pricing
Fourth, people want certainty when it comes to cost, and they do not want to feel like every question they ask is increasing their bill. Many attorneys still charge by the hour, which creates that exact concern, and even those who offer flat fees often structure them in a way that primarily covers the documents themselves, with meaningful explanation and strategy treated as something extra. That approach can discourage clients from asking the questions they actually need answered, which undermines the entire planning process.
We handle pricing differently. We use flat-rate pricing as much as possible, but we do not quote fees upfront or over the phone. The reason is that until we have had the Estate Strategy Session and truly understand a client’s goals, it is not possible to accurately determine what level of planning is appropriate. In some cases, clients come in believing their situation is highly complex, and it turns out that a relatively straightforward solution will accomplish everything they want. In other cases, what appears simple at first glance involves issues that require additional layers of protection.
By waiting until the strategy session is complete, we can provide pricing that reflects the actual work needed rather than an estimate based on assumptions.
I worked with a mother who had an adult daughter with special needs and wanted to provide her with a home without jeopardizing her eligibility for benefits. There were legitimate concerns about how ownership, income, and other factors might affect those benefits, as well as tax considerations that needed to be addressed. After working through those issues, the solution was not overly complicated. The mother purchased the home in the name of her revocable living trust, allowed her daughter to live there during her lifetime, and arranged for the home to remain in trust for her daughter’s use after her death, with her son acting as trustee. What initially felt like a complicated situation ended with a clear and workable plan that addressed multiple concerns without unnecessary complexity, and that is exactly why pricing comes after the strategy session rather than before it.
Good or Bad Ideas
Finally, and this is something that should be obvious but is becoming less common, I will tell clients when something is a bad idea and explain why. There are many things in estate planning that are technically allowed but not advisable in practice, and some attorneys will include those provisions simply because the client asked for them, without fully addressing the consequences. That approach may avoid an uncomfortable conversation in the moment, but it often creates problems later.
A common example is naming multiple children as co-trustees because it seems fair on the surface. In reality, it often leads to delays, disagreements, and increased administrative burden, because every decision requires agreement and every piece of paperwork must be handled by multiple people. Another example is relying heavily on beneficiary designations to avoid probate instead of building a coordinated plan around a revocable living trust, which can create a situation where every change requires updating multiple accounts and forms, increasing the risk that something will be missed. Part of my role is to explain not only what is possible, but what is practical, and to guide clients toward decisions that will actually work for their families.
Free Tools I Provide
If you want to see how this approach works before we ever meet, I recommend going to www.FreeTrustCourse.com. This is one of the tools we provide to help clients understand the fundamentals of estate planning in plain English, and reviewing the materials is a required part of our process. It ensures that when we sit down together, you already have a solid foundation, which allows us to spend our time focusing on your specific goals and making our first meeting as productive as possible.