6 Questions You Should Ask Your Estate Planning Attorney

Estate planning is an important part of planning for you and your family’s future. Despite how important it is, many people put it off or avoid the task altogether.

Creating an estate plan doesn’t have to be an intimidating experience. At Conti Law, we want to prepare you for the experience. The more you understand the process, the more comfortable you will be planning your estate. Here are some questions you should ask your estate planning attorney to determine if they are the right person for the job.

1) What do I need to get started?

Many people avoid estate planning because they don’t know where to start. This is one of the primary reasons you need an estate planning attorney to help. A professional will advise you on what documents you need to get started. They may also need information about you and your assets before the planning begins.

2) What do I need in my estate plan?

Your estate plan should be tailored to you and your family’s individual needs. Everyone’s estate plan should have the following:

A last will and testament
A durable power of attorney
A living will
A health care power of attorney

A will gives you control over a number of things after your death, including:

Who will be the guardian of your minor children?
How your property, including jewelry, furniture, art, etc. will be distributed. When you do an inventory of all your property, you may be surprised at its total worth.
Ensure that your property and money go to the people or charity you want to have it.

3) Does your office specialize in estate work?

Before you hire an attorney, ask them a few simple questions. What percentage of your business is estate work? The reason you ask these kinds of questions is to make sure they have enough experience to handle every one of your needs.

Lawyers often have a general practice that involves many different areas of the law, including criminal law, domestic relations, etc. The more experience they have in estate law, the better they will be able to deal with your personal situation.

4) Do I need to involve my family?

There are many factors that determine who to involve. Once your attorney knows more about you, they can help you decide to include others in the planning process and who should be included.

5) Should I have a revocable living trust?

A revocable living trust is a trust you can change at any time until you become incapacitated or die. Contrary to what some may think, you do not have to have a lot of money and property to benefit from a trust. It is an excellent way to provide instructions to your loved ones about handling the money and property owned by the trust.

6) How often should my estate plan be updated or revised?

You’ll want to revise your estate plan regularly and keep your attorney informed of any changes to your family or your assets. Some examples might include marriage, divorce, the birth of a child, a new grandchild, the adoption of a child or grandchild, or the purchase of real estate.

It’s in your best interest to review your estate plan once a year to be sure it still reflects your wishes and the realities of your estate. Your attorney can counsel you during the process.

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