Estate planning isn’t just about passing down wealth, it’s about protecting what you’ve built and making things easier for your loved ones once you’re gone. Without a solid plan, family disputes and legal headaches can follow. That’s why having the right estate planning attorney by your side matters. Estate planning lawyers can ensure everything is structured correctly while following the law and honoring your wishes. However, not all attorneys have the same approach.
Asking the right questions helps you find someone who understands your needs. Before choosing to hire someone, you’ll want to know how they handle taxes, probate, and long-term asset protection. A strong estate plan covers more than just a will; it includes trusts, healthcare directives, Power of Attorney (POA), and more. Missing any of these can create issues down the road. By having the right conversations now, you can build a plan to protect your family and prevent unnecessary stress later.
This blog discusses 11 questions to ask an estate planning attorney to ensure a smooth transfer of wealth.
1. What Experience Do You Have with Estate Planning?
Estate planning isn’t something you want to leave in the hands of just any attorney. The right lawyer understands how to protect your assets, minimize taxes, and ensure everything follows state laws. Experience matters, so ask about their background, certifications, and how long they’ve been practicing. Since estate laws vary by state, work with someone who knows local rules and regulations to avoid mistakes. What works in one place might not work in another.
When brainstorming questions to ask an estate planning attorney, consider how they handle probate and tax planning. A knowledgeable and experienced attorney can guide you in structuring your estate to benefit your loved ones and reduce taxes for them once you’ve passed.
2. What Does the Estate Plan Include?
When meeting with an attorney, ask, “What exactly will my estate plan include?” It’s not just about naming beneficiaries: your plan should cover trusts, healthcare directives, and Powers of Attorney to protect you while you’re still here. Ask how these documents work together and whether they fit your specific circumstances. Inquire how your plan handles taxes, probate, and guardianship if you have kids.
Estate laws vary widely, so make sure your plan follows state rules. A solid attorney will not give you a generic template; they will tailor everything to your needs. It’s also worth asking if your plan needs updates over time and how often you should review it.
3. Can You Explain the Estate Planning Process?
When talking to an attorney about the real estate planning process, knowing what to expect makes everything easier. A good attorney should explain each step, from gathering financial documents to signing legal paperwork. Ask how long the process usually takes and if anything might slow it down. Some estate planning is quick, while others take longer if you have complex assets or unique family needs, like having a loved one with special needs.
Additionally, find out what paperwork you’ll need, like financial statements, property deeds, and beneficiary details. Since estate laws differ by state, it’s important to understand how they affect your plan. If you’re not sure what questions to ask an estate attorney, start by discussing how your property will be managed and who will be responsible for making choices if you can’t. The better you understand the process now, the easier it will be to create a plan that truly works for you.
4. How Are Fees Structured?
If you’re not sure what questions for an estate planning attorney should be on your list, start by making the price clear. Money matters, so it’s important to ask about their fee structure. Some attorneys work on a flat fee, while others bill by the hour. If they charge hourly, ask how they track time and whether a retainer is needed. Even with flat fees, check if extra costs, like filing fees or document updates, are separate.
Furthermore, find out if you’ll be charged for future revisions or ongoing legal advice. Estate planning isn’t something you do once and forget. Life changes and your plan may need adjustments down the road. Knowing the full cost upfront makes budgeting easier and ensures you’re getting the right legal support without unexpected expenses.
5. What is the Time Frame to Create an Estate Plan?
Ask your attorney about the time frame for creating an estate plan. Timelines can vary based on the complexity of your assets and documents. A basic plan with a will and power of attorney may take a few weeks, while trusts or business interests can extend the process.
Ask what factors might slow things down and how you can help speed it up. Find out when your estate plan becomes legally binding. Since life circumstances change, ask how often you should review and update your documents to ensure they remain valid and reflect your wishes.
6. What Documents Should Be Included in My Estate Plan?
A key question to ask is about the estate documentation. The answer depends on your personal and financial situation. A Power of Attorney, will, trust, and healthcare directive is usually necessary, but additional documents may be required. If you own a business, ask whether you need a succession plan. Ask how these documents work together to provide legal protection and prevent future disputes.
7. What Happens if I Become Incapacitated?
No one likes to think about losing the ability to make decisions, but having a plan in place can make a big difference if it were to happen. Inquire with your attorney how your estate plan addresses incapacity and who will manage your finances or medical care if needed.
A POA allows someone you trust to handle financial matters, while a healthcare directive outlines your medical preferences. Find out if a living trust would help protect your assets during this time. This is a crucial question to ask an estate planner to ensure your plan covers every possibility so your loved ones won’t have to guess what you want. Review these documents regularly to keep them up to date.
8. Will My Estate Plan Be Updated if My Circumstances Change?
Life changes and your estate plan should keep up. Discuss with your attorney how often you should review your documents and what events might require updates. Major life changes, such as marriage, divorce, childbirth, or acquiring new assets, can affect your plan.
Laws surrounding estate planning can change, so it’s important to know if your documents need adjustments. Some attorneys offer periodic reviews, while others may update plans only upon request. Understand the process thoroughly to ensure your estate plan always reflects your current wishes. These discussions can prevent complications for your loved ones in the future.
9. What Happens to My Estate Plan After I Pass Away?
Once you pass away, your estate plan determines how your assets are handled. Ask your attorney how the probate process works and whether your estate will go through it. If you have a trust, find out how and when assets will be distributed.
It’s also important to understand how debts and taxes are managed. Know who will oversee the process, whether an executor or trustee, so that you can choose the right person for the role. These conversations ensure your wishes are carried out smoothly and prevent unnecessary delays for your beneficiaries.
10. What Should I Consider When Choosing Between a Trust and a Will?
When meeting with your attorney, ask whether a trust or a will better fit your situation. A will outlines who gets what, but it often has to go through probate, which can take time. A trust avoids probate and keeps things more private. It also lets you set rules for when and how beneficiaries receive their inheritance.
If you have specific goals, like protecting assets or simplifying the process for your family, a trust might be worth considering. Talking through these options ensures your plan works the way you want it to.
11. How Can I Protect My Estate from Legal Challenges?
A well-structured plan reduces the chances of disputes. Discuss with your attorney if your documents are legally airtight and if a no-contest clause would help deter conflicts. Find out how often you should update your will and trust to keep them valid. It’s also worth asking what steps you can take to document your intentions clearly and whether involving witnesses or notarization adds extra security.
Estate Planning Isn’t One-and-Done—Hire the Right Attorney for Your Future
A well-structured estate plan doesn’t happen by chance. It starts with understanding your options and asking the right questions. Knowing what to discuss with your attorney ensures your assets are protected, your loved ones are cared for, and your wishes are followed. Take the time to explore what questions to ask an estate planning expert to make informed decisions when hiring someone and prevent future complications. Estate laws change, and life circumstances evolve—make sure your plan keeps up. Kelly Cardon Estate Planning provides comprehensive estate planning services across Summit, Weber, Davis, and Salt Lake counties. From drafting wills to establishing trusts and protecting your assets, our compassionate and dedicated team ensures your family’s future is secure. With over 35 years of experience, we’ve helped Utah residents safeguard what matters most and leave a legacy that reflects their intentions. Contact Kelly Cardon Estate Planning today to keep your plan relevant and legally sound.
