Holidays are upon us and you have made plans with to spend time with the ones closest to you. You know that they are going to ask you if you have completed your estate planning documents.
You dread answering “no” or that your documents are out of date. Maybe what you have already signed no longer matches your wishes. So you begin to search through local advertisements or the internet, and ask your friends for referrals until you find a law firm you would like to work with. What happens next?
Before you schedule
It is important to realize that, just like your doctor’s office or your dentist, appointments with attorneys need to be booked often well in advance. It is best to reach out at least a month before the date you would actually like to have the appointment. Is your holiday schedule busy? So are ours.
It is best not to wait for an emergency or for upcoming travel to get the process underway. Some firms may be able to accommodate you; however, that is not a guarantee. We often smile inwardly when we hear “I’d like to get this done before my big trip to Europe in three weeks.”
Additionally, you may want to start getting materials such as your previous estate planning documents ready for the attorney to review. It is likely that the attorney will ask to see what you have already done, if anything, to better understand your current situation.
After you are scheduled
Once you have booked your appointment, the attorney will likely send you a form to complete. Our questionnaire, as an example, is online and can be completed from your phone or computer. But it is thorough; we want to know a lot about you.
Often, not all questions will be relevant to your situation; however, filling the form out the best you can before your appointment will give the attorney the time they need to review it so that you can get the most out of your appointment time and not have to go over information that could have been given ahead of time.
Of course, there may be other documents, such as previous estate planning documents or information about your assets, that the attorney may request ahead of your appointment. If you have not already begun to prepare these, this would be the time to do so. Then take some time to breathe, the attorney is (probably) not going to bite you.
During the consultation
At the actual initial estate planning consultation, you and the attorney will review the information you have provided. With the information in hand, you can begin discussing your goals and plans for your estate.
Some of the questions you might consider: Do you want to avoid probate? Do you have any specific burial wishes? Are you anxious about reducing estate taxes? Do family members who have special needs? Are you interested in leaving a charitable legacy? These are all possible points to discuss during the first meeting.
It is not unusual for attorneys to request a list of assets. They will want to go over them with you. Remember, your estate plans are all about your wishes. More detail is better for the person you are trusting to write them up.
Other topics that will likely be discussed at the initial estate planning consultation include the fees for the firm’s services, the timeline of the document preparation process and the expectations regarding how the documents will function. If anything is unclear, do not be afraid to ask! The initial consultation is a valuable resource; it is time that can be used to really iron out your plans so that subsequent meetings may not be needed (aside from one to sign your documents).
Privacy and confidentiality
An additional point to keep in mind is that your initial estate planning consultation will be between you the attorney alone. Couples who are planning jointly can both attend, but your other family will wait in the lobby. This is an ethical obligation that most firms have and it is to protect the attorney/client privilege. It also allows the attorney (or a notary if you are signing your documents) to attest that you were under no undue influence during your appointments.
For further information about how we do initial consultations, feel free to give this podcast a listen. We look forward to seeing you at that initial estate planning consultation.
