Estate Planning Checklist Before Meeting with an Attorney

What you need to prepare before your first appointment with an estate planning attorney to make the most of your consultation.

Preparing for your first meeting with an estate planning attorney can feel overwhelming. However, being organized and having the right information ready will make your consultation more productive and help your attorney provide better guidance. Here’s a comprehensive checklist of what you need to prepare before that important first meeting.

The Three Essential Categories

You need three main things before meeting with an estate planning attorney:

1. Who the players are in your estate
2. What you have, where it’s at, and how it’s held
3. Your goals for estate planning

Let’s break down each category in detail.

1. Know Who the Players Are in Your Estate

Your conversation with your estate planning attorney will need to identify all the important people in your life who might be affected by or have an interest in your estate.

Immediate Family

• You (obviously the primary person)
• Your spouse (wife, husband, or significant other – don’t have to be married)
• Current partner if not married

Children – All of Them

You’re thinking about kids – your kids. Kids can include many different categories:

• Kids you talk to daily
• Estranged kids you haven’t seen in years
• Kids you haven’t seen in 30 years
• Illegitimate children
• Stepchildren from previous relationships
• Adopted children

All the kids need to be identified by name at minimum, even if you’re out of touch.

Other Important Players

You also need to know other players in your life and your family:

• Parents (if living)
• Distant relatives who might have expectations
• People who might have gripes about your estate
• Ex-wives or former spouses
• Estranged children or family members

These people need to be identified to discuss with your attorney, even if you don’t plan to include them in your estate plan. Your attorney needs to know about potential challengers or complications.

2. Get a Handle on Your Assets

Your conversation with your estate planning attorney will revolve around your assets and what will happen to them if you become incapacitated or if you pass away.

Financial Accounts and Institutions

You need to get a handle on where your accounts are – banks and specific financial institutions:

• Bank accounts (checking, savings, CDs)
• Investment accounts (brokerage, retirement accounts)
• Credit unions and their specific locations
• Online financial institutions

Types of Investments and Assets

What type of investments are they? Your attorney needs to know about:

• Annuities
• Real estate
• Real estate investment trusts (REITs)
• Timeshares
• Boats or yachts
• Condos
• Rental property
• Any kind of financial asset
• Gold and precious metals
• Business interests
• Collectibles or valuable personal property

Critical Information About Each Asset

You need to have a firm grasp on:

• General value of each asset
• How the statements come in (mailed, electronic, etc.)
• How the asset is titled (individual, joint, trust, etc.)
• Beneficiary designations on accounts
• Account numbers and contact information

3. Know Your Goals

You need to have a grasp on your goals – what do you want to accomplish in your estate plan?

Primary Motivations

What brings you to do estate planning? Consider:

• Recent life changes (marriage, divorce, birth, death)
• Health concerns or aging
• Business succession needs
• Desire to avoid probate
• Tax planning concerns

Family-Related Goals

Do you have any particular goals relating to your family and children?

• When they get the money (age restrictions, milestones)
• When they don’t get the money (conditions or disqualifications)
• How they receive the money (lump sum vs. installments)
• Protection from their creditors or divorces
• Making sure your kids don’t squander your assets if you pass away

Personal Protection Goals

Do you have any specific goals regarding yourself?

• Are you in a second marriage? (protecting assets for children from first marriage)
• Do you want to protect your assets from a nursing home?
• Do you want to protect your assets from creditors?
• Do you want to do estate planning for your business?
• Incapacity planning concerns
• Privacy preferences

Charitable or Legacy Goals

• Charitable giving plans
• Creating a lasting legacy
• Supporting specific causes or organizations
• Family foundation interests

Additional Preparation Tips

Gather Important Documents

• Existing wills or trusts
• Financial statements (most recent)
• Insurance policies (life, disability, long-term care)
• Business agreements or partnership documents
• Previous estate planning documents

Think About Practical Concerns

• Who you trust to handle your affairs
• Geographic considerations (where trustees/executors live)
• Family dynamics that might affect your planning
• Special needs of any beneficiaries

Making the Most of Your First Appointment

These three main points should be part of your estate planning checklist and will be the primary discussions in your first appointment with an attorney:

1. Players – Who’s involved and who might cause problems
2. Assets – What you own and how it’s currently held
3. Goals – What you want to accomplish and protect

Why This Preparation Matters

Coming prepared with this information allows your attorney to:

• Provide better advice tailored to your situation
• Identify potential issues you might not have considered
• Suggest appropriate strategies for your goals
• Give you more accurate estimates of costs and timelines
• Make the most efficient use of your consultation time

The Bottom Line

Proper preparation makes your estate planning consultation more productive and valuable. By organizing information about the people in your life, your assets, and your goals, you’ll be ready to have meaningful discussions with your attorney about creating an estate plan that truly serves your needs.

Take time before your appointment to gather this information – it will be time well spent and will help ensure you get the most value from your estate planning process.

For comprehensive estate planning that addresses your specific situation and goals, schedule a consultation with a qualified estate planning attorney who can guide you through the process.