What Questions Your Estate Planning Attorney Should Be Asking You

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Some people get nervous before they go see an estate planning attorney for the first time. They don't know what to expect.
Selecting the right estate attorney is important in making sure that your legacy is preserved the right way.
Before we get into which questions you should expect to be asked by your estate planning attorney, let's address some characteristics of an estate attorney that should turn you away.
First, if you find that the attorney talks the entire time during your visit, then stand up an leave. Second, if your attorney speaks in terms you do not understand, get up and leave. And finally, if your attorney is not a good listener, leave.
With that being said, here are some things you should plan to discuss in your initial conversation with your estate planning attorney.
The first question I like to ask, right out of the box, goes something like, "So as we start a conversation about your estate legal program, what kinds of things do YOU want to make sure we discuss?"
Some people have specific things they want to address, such as, a blended family situation, a problem child, specific bequests they want to make, or providing for grandchildren, just to name a few. When a client has specific issues they want to address, we need to drill down on those to make sure the estate program is tailored for their specific needs.
Other people do not have a specific issue they want to address. Perhaps they don't know what to ask and they just want to make sure their estate legal affairs are in order.
In every estate planning conversation, there are discussions about particular issues that each client has, and there are questions that we ask virtually every client. Here's a few of the questions asked of just about every client (assuming a married couple but can be adapted to a single person):
(1) After you both pass, how do you want your estate disbursed?
(2) If you have to put someone in charge of the disbursement, who should it be?
(3) When one of you passes, how do you want to leave things to the surviving spouse? Remarriage is in the back of people's minds during this conversation.
(4) If you become incapacitated while you are alive, who do you want to make your medical and financial decisions?
(5) Do you want to leave bequests through your last will and testament (requires probate), or through your revocable living trust (avoids probate)?
What I have not addressed in this short post are questions related to Medicaid Planning (nursing home poverty), estate tax planning (only affects the super wealthy), charitable bequest planning, and the creation of entities for lawsuit protection purposes (particularly if you own rental property).
The discussion you have with your estate planning attorney about your legacy is an important one. Make sure you work with an attorney who doesn't merely want to hear himself/herself talk. Make sure you work with an attorney who doesn't speak in legal-ese (over your head). And make sure you work with an attorney who listens to what you say so that he or she can ask the next right question - and then listen again!
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: [phone]

[@tracystarling3280]

You answered every question I had come up with so far. This was an excellent video for me!

[@americasestateplanninglawy1946]

Awesome 😎

[@Geminis3505]

Thank you so much for the video. It was very helpful to me. I need to find a good state planning attorney who I can trust because I want to plan my state planning.

[@larryramey7532]

How should retirement accounts be dealt with? I believe you have mentioned in prior video not to name them (IRA’s & other savings) in a will or living trust. What is your suggestion?

[@HB-yq8gy]

Good point Paul they talk over your head not like you who use simple basic words. Paul if this was your family trust what would be the basic? Example- A 55 y/o couple married 2 kids one is married one is almost finished with school. Net worth 1.3 million wife has cancer she will retire at 59.5 y/o husband retired no debt. Concerns,a Will is much cheaper that pours to special needs trust if husband or wife becomes capacitated & have your beneficiaries updated.

[@chrishoefer1385]

Please respond to some of the questions below. My question, in this changing world, is about charges. The old fashion estate lawyer had a one time charge for writing the will, meeting with family and questions from the family. The last estate lawyer charged us for emails, texts, zoom calls, phone calls, etc. and never mentioned how he charges. So, my question is, how do we plan for charges from an estate lawyer?

[@jeanneshannon5607]

Excellent question. Very true on the charges. I am educating myself through my insurance company and my financial institutions before seeing my attorney. All prior are free of charge. When you see an attorney, go in saying hi and then making it clear you don't want to get off the track of why you are there. Cut to the chase. They are so good at throwing you off track.

[@kandd355]

Is there any advantage to NOT paying off the mortgage? I've heard that if the bank holds the title you are somewhat protected against lawsuits. Is this correct?

[@smolville]

How do you "change" the trust after both parents are gone? Nobody told us that it would all go to a state college. They offered us a pathetic $1000 a month plus we each pay a $3500 check to Uncle Sam. With what money? The trust was changed after dad died and mom was on some pretty strong pain killers.

[@billligon4005]

My partner recently passed away, we have a condo, I'm 80 years old, we have no one we want leave the condo to. I can live very well without doing this, but I would like to continue traveling and using some of the equity we built up. Is a reverse mortage a good idea?

[@halapasaway3815]

Hi can you tell me how much it cost to make a living trust? If the husband has joint acount do they still need to do TOD watching from houston tx thanks

[@claudem.calixte1664]

Does anyone respond to the questions below?

[@nidasalvador9705]

Sorry I have attorney but not help me .for do the disclaimer my step daughter n his attorney .can't not help me about 80% they do foe me

[@mariag3048]

should an attorney who is assisting us with my deceased father's death, have a scheduled timetable as to how we the family proceed with our father's estate, and is there a timeline for completing all necessary distribution, etc of the estate? the attorney must be diligent and prompt in executing his responsibilities?

[@FollowYah-a2z]

@ 62, divorced/single mom I will schedule an appointment soon ... Thank you so much for simplicity and directness, but especially for advocating for the client’s specific, individual needs! 2 ears, one mouth for a good reason ... Respect from Lafayette!

[@gterobert]

Found an attorney we had one hour meeting i notice after meeting when i got home i had more questions that came up i tried calling attorney but i cant get a hold of him only contact is through his secretary email in fact tomorow after week we have phone appointment in morning

[@darioriosness8047]

Can you recommend a lawyer in Nevada? As intelligent as you 🙏🏽

[@maggie-iv6ot]

Thanks what about an attorney being a co exec to crud

[@aidezarate8989]

So informative. Thank you.

[@pmd5428]

Each attorney spoke too much. Half made it sound as a no brainer, then one basically threw out too many concepts and never explained, why or how it would play out. In fact after the over- knowledgeable one not a single other thought two of his concepts/ concerns were necessary. Now after the consultation visit is over the time for me to lay down really money has me with several questions still. Oh, and I appreciate you and your words.

[@prapassornamornchainont337]

My attorney gave me a questionnaire and last question is to tell them how much all assets we have. Is that typical questions to ask when I just want to build a blended revocable living trust?

[@HB-yq8gy]

Yeah, they want to know your assets so they can charge you accordingly.

[@freddylong4095]

If you have a high net worth, the attorney should consider whether additional planning is necessary to address federal estate and gift tax. Most people don’t need this level of planning. Those who do could get hammered with tax if they’ve not planned

[@terrivandiver8381]

Excellent👏👏👏👏

[@americasestateplanninglawy1946]

Thanks TV 😎

[@TinyIslandMaine]

@@americasestateplanninglawy1946 this is the one thing you respond to? Many other questions people have here, that YOU asked for, and I see no responses. 🙄

[@Kamp24722]

Can you have savings accounts left POD to keep out of Probate and money still in your name while you are living

[@sght6012]

What to do if you only have one offspring no ADULT grandchild and you need a backup trustee?

[@Stormin_Norman]

What do you do if you want to leave your children out of it? Also, who is put in charge when the children can't be trusted? Thanks..

[@litrealred6840]

Thanks! I doing my now, I been watching , been great help!

[@rjc128]

How can I start to find the right estate attorney? Yellow pages?

[@korsinskykleinllp7207]

What is the maximum income to qualify for legal aid

[@juaniatgreene3525]

can you recommend a lawyer

[@cheryldodd-marko9787]

🕊🇺🇲💕