Preparing for an Estate Planning Meeting with Your Attorney
There are many ways to prepare for a thoughtful estate planning consultation. Being prepared results in a better understanding of your goals and a more effective use of time with your attorney. Do your best to be as detailed as possible, even though the majority of initial meetings with an estate planning attorney will likely result in some questions you have probably never considered.
In order to prepare for your estate planning consultation, you should think about gathering the following details.
Conservators and Guardians of Minor Children
You should choose one or more guardians who can be appointed separately or who can work together if you have minor children or plan to have children. A best practice is to designate a replacement in case the initial guardian is unable or unwilling to act.
Couples may find it challenging to respond to this query. If you discover that you are unable to come to an agreement, don’t let this stop you from reviewing or revising your estate plan.
Your estate planning attorney can offer advice, and having some control over who will be your children’s guardian is preferable to letting a court make that decision without consulting you.
Agents, Trustees, and Personal Representatives
If you become incompetent, the agent named in your power of attorney or the personal representative of your estate may manage your assets (after your death). Should you pass away or become incapacitated, the trustee of your living trust is permitted to manage all assets controlled by the trust. These three positions are frequently filled by the same fiduciary.
Designation of a Patient Advocate and a Living Will
If you can’t determine your own medical decisions, a patient advocate is designated to act on your behalf, carrying out your desires as stated in your Living Will.
If there are any unique tangible personal property items such as cars, clothing, jewelry, works of art, and collectibles, select the ones that you would like to be given to someone other than a surviving spouse.
In the event that there is no surviving spouse, consider the surviving children or specific individuals. Make a list of the items and who should receive them prior to your meeting.
Every Other Asset
Do you have any leftover property that you would wish to be distributed equally to your surviving children or someone other than your surviving spouse? Examples include owning real estate and business interests, among others.
Who should be designated to look after your pets if you have any, and will you leave any money in trust for their ongoing care? Will the trustee and caregiver be the same person, or should they be two different organizations or people? Should many pets stay together if you have them?
Who would inherit your estate if none of your chosen recipients were to survive? Parents, siblings, nieces, nephews, and charity are frequently thought about by people.
It is important to bring all the necessary documents to the meeting. Having an open dialogue with your attorney about any questions or concerns you have is beneficial to make sure your estate plan is sound and meets your needs.
Estate Planning Lawyers Colorado is ready to assist with your estate planning. We’re here for all your estate planning needs, including wills, trusts, probate, and legacy planning. Contact us now to schedule a consultation.