questions to ask when meeting an estate planning attorney

^{Here are several questions you should ask yourself:}

• When meeting with a potential estate planning lawyer, how comfortable do you feel?
• Does your advisor communicate well and clearly?
• Do you agree with their general values? How does their bedside manner make you feel?
• Do you have a good rapport?
• Can you envision speaking with this individual about very personal matters?

Full Answer

What should you look for in your estate planning attorney?

The thought of planning your estate may seem daunting. You might wonder where to start or what you should ask your attorney. To get your estate plan off on the right foot, consider the following six questions to discuss with your estate planning attorney. Use Your Time Wisely A Get-Started Guide to Seeking Sound Advice 2 3 4 5

Do you really need an estate planning attorney?

May 15, 2020 · Whom do you trust to handle your finances? One thing to ask yourself before meeting with your estate planning attorney... Do you know where your important documents are, and have you told your loved ones? Another thing to consider before you... What are your wishes when it comes to health care, and ...

What are good questions to ask an attorney?

Oct 01, 2019 · These questions are organized into categories for ease of reference. You do not have to use every question, or every category of questions. A. About you …

How to find the right estate planning attorney?

Dec 02, 2019 · Your first key question to ask is whether or not your attorney has experience in creating the type of estate plan you need. What you may not realize is that many attorneys today do not specialize in certain estate plans that are specifically designed to meet the legal needs of a certain type of client. Let us share an example of where you would need an attorney who …

What questions should you ask an estate planner?

8 Questions to Ask Before Hiring an Estate Planning LawyerWhat will happen during an initial meeting with your office and how much will it cost? ... Are all of your fees flat fees? ... Does my planning fee include a regular review of my legal documents?More items...

What are the 5 components of estate planning?

A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death.Nov 8, 2017

What are some good questions to ask an attorney?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

What are some important decisions they need to make regarding their estate planning?

It's important to consider the following estate-planning moves at any age:Up-to-date beneficiary designations.Health care proxy.A living will.Durable power of attorney.A will.Guardian for your children.A trust for extra control.A plan for long-term care.Sep 2, 2020

How do you avoid probate?

How can you avoid probate?Have a small estate. Most states set an exemption level for probate, offering at least an expedited process for what is deemed a small estate. ... Give away your assets while you're alive. ... Establish a living trust. ... Make accounts payable on death. ... Own property jointly.

How do I organize my estate documents?

5 Steps to Organize Estate Documents for Your ExecutorStep 1: Create a checklist of important documents (and their locations) ... Step 2: List the names and contact information of key associates. ... Step 3: Catalog your digital asset inventory. ... Step 4: Ensure all documents are organized and accessible.More items...•May 28, 2020

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

How do you answer a law question in an interview?

Below are some common legal interview questions—plus suggestions on how to approach them.Tell me a little about yourself. ... What attracted you to our firm/organization? ... Can you describe a challenge or conflict you have faced at work and how you overcame it? ... What is your biggest weakness? ... Do you have any questions for us?Mar 20, 2021

At what age should you start estate planning?

When should I create an estate plan in California? In most states, you can begin estate planning as soon as you turn 18 and it is a great idea to begin early on. Estate planning is one of the most important things you can do to protect yourself and your hard-earned assets.Aug 26, 2021

Under what type of will does everything pass to your spouse?

As a community property state, California law presumes all the property you or your spouse acquire during your marriage to be marital property, regardless of how it is titled. ... And if your spouse died without a will, you will automatically inherit all community property, including the home.

Who needs estate planning advice?

Anyone who wants their assets to be transferred to one or more surviving loved ones after they pass away should consider establishing a formal estate plan. This important set of legal documents can make it easier for your family to ensure that your wishes and needs are met if you're unable to speak for yourself.

Why is the initial interview so critical in estate planning?

There is wide agreement among estate planners that obtaining accurate, complete information is critical to fashioning a proper estate plan and keeping the estate planner shielded from malpractice.

B. Your parents and other ascendants (e.g., grandparents, etc.)

19. Are either (or both) of your parents still living? If either is living, has either one of them ever taken up a new life partner who is not your parent? If so, how do you feel about that?

C. Your spouse or life partner

23. If you have a life partner, please describe the present status of your relationship, including how long it has lasted.

D. Your siblings

33. Do you have siblings? If so, please describe your present relationship with each sibling, including a description of any events that caused disruption or severance of any relationships with them.

E. Your children

37. Do you have children? If so, please describe each child as well as the present status of your relationship with each child and the reason for your feelings in this regard, including your feelings about whether you have favored a child over the others.

F. Past experiences with estates or trusts

42. Are you, do you expect to be, or have you ever been, the beneficiary of an estate or trust? If so, what was your experience, and how has that experience impacted your own estate planning?

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is word of mouth reliable?

With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think. It is important to notify everyone you know when a loved one dies. Not only will they want to attend the memorial service, but they may have an interest in the estate as well.

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

3 Steps to Prepare for Meeting With an Estate Planning Attorney

Estate planning is all about making sure your family is clear about how you want your assets and affairs to be managed in the event of your death or incapacitation. But starting the process can often seem overwhelming.

Step 1: Get organized

To no surprise, the first thing you'll want to do is gather the most relevant documentation to provide a full picture of your assets. Although the list may vary from person to person, here's what Zimmet says you'll probably need. We broke it down into three categories (so it feels a little more digestible):

Step 2: Talk to your family about your wishes

Having conversations with the people you love about your own passing can feel uncomfortable—it's a serious topic and there's a lot to discuss. But you don't have to do it all at once.

Step 3: Prepare Your Questions

You’ve organized your documents and talked with those close to you—there's just one step left: coming up with questions to ask your estate planning attorney. Zimmet says to include these six: