15 Questions Your Estate Planning Attorney Should Be Asking You
When people come in for estate planning, they often expect to talk about documents. Wills. Trusts. Powers of attorney. But the truth is, good estate planning has very little to do with paperwork at the beginning and everything to do with asking the right questions.
If your estate planning attorney doesn’t spend time getting to know you, your family, and your goals, the plan they create is unlikely to reflect what you actually want.
Here are 15 questions I believe every estate planning attorney should be asking their clients, and why each one matters.
1. What are your goals?
This is always the starting point. Some people want the simplest plan possible. Others want to avoid probate, protect assets, minimize taxes, or make sure family members are cared for in a very specific way. There is no universal “best” plan. The right plan is the one that aligns with your priorities.
2. What does your family look like?
Family structures today are complicated. Second marriages, stepchildren, unmarried partners, adult children, minor children, and grandchildren all affect how an estate plan should be built. An attorney needs to understand not just who’s related to you, but how those relationships actually function.
3. What is the approximate value of your estate?
This doesn’t require a spreadsheet. A general understanding is enough. The value of your estate can impact whether certain planning tools make sense, especially when it comes to probate avoidance, tax planning, or trust structures.
4. What types of assets do you own?
It matters whether you own a home, rental properties, retirement accounts, business interests, or assets held in an LLC. Different assets pass in different ways, and an estate plan should be designed around how your assets are actually titled and held.
5. Are there any beneficiaries with special needs?
This is a critical question. If a beneficiary receives government benefits, an inheritance structured the wrong way can cause those benefits to be lost. Special needs planning must be intentional and handled carefully.
6. What do you want to happen when both spouses have passed?
For couples, this question goes beyond naming beneficiaries. It includes timing, management of assets, guardianship considerations, and long-term planning for children or grandchildren.
7. How do you want your assets distributed?
Equal distributions don’t always make sense. Some families want to account for differences in need, responsibility, or caregiving. Others want to keep things strictly equal. There’s no wrong answer, but the question needs to be asked.
8. Do you want to make any special gifts or carve-outs?
This is where clients often realize they have strong feelings. A grandchild’s education, a close friend, a charitable gift, or sentimental items can all be addressed in an estate plan if they’re discussed early.
9. Should distributions be outright or held in trust?
An outright distribution gives beneficiaries full access immediately. A trust allows you to control timing, protect assets, and set conditions. Many people don’t realize how much flexibility trusts can offer until this is explained.
10. Do you want divorce protection for your beneficiaries?
This is a common concern, especially for parents. With proper planning, inheritances can be structured in a way that protects them if a beneficiary later divorces.
11. Do you want a trust protector?
A trust protector can serve as a safeguard, with limited authority to adjust or oversee a trust if circumstances change in the future. This can add flexibility to long-term planning, particularly for younger beneficiaries.
12. Who should handle things when you’re gone?
This includes managing distributions, selling property, dealing with financial institutions, and handling administrative details. Choosing the right person or people here can save your loved ones significant stress.
13. If you’re married, how should your share pass after your spouse?
Many married clients assume everything should pass outright to the surviving spouse. Others want to ensure that their share ultimately goes to their chosen beneficiaries, especially in blended families. This is an important conversation that deserves careful attention.
14. Who should make decisions if you’re alive but incapacitated?
Estate planning is just as much about planning for incapacity as it is about planning for death. Powers of attorney and advance medical directives ensure someone you trust can step in if you can’t.
15. Will or trust?
This is often the question people expect to start with, but it really comes at the end. Whether a will or trust makes sense depends on your goals, assets, and family dynamics. The right answer is different for every client.
The Bottom Line
Estate planning should never feel rushed or generic. A thoughtful plan starts with thoughtful questions and honest conversations. If you’re working with an estate planning attorney, make sure they’re taking the time to understand the full picture, not just filling in blanks on a form.
If you’re thinking about creating an estate plan or reviewing an existing one, asking and answering these questions is the first step toward a plan that truly reflects your wishes.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
