10 Essential Questions to Ask Your Estate Planning Attorney

As a Realtor who specializes in probate and trust real estate, I’ve seen firsthand what can happen when families aren’t prepared for the future—especially when property is involved. Without a proper estate plan, loved ones are often left with emotional stress, legal challenges, and financial complications that could have been avoided.

That’s why I believe it’s crucial for families to be proactive and meet with an experienced estate planning attorney. When you do, here are ten important questions to help guide your conversation and protect your family’s legacy:

1. Which estate-planning documents do I need?
Ask whether a will, a trust, or both are right for your situation. A will outlines how your assets are distributed after your passing, while a trust offers additional control, privacy, and protection—both during your lifetime and after.

2. How should I choose a power of attorney?
Selecting someone to make financial or medical decisions on your behalf is a significant responsibility. Discuss with your attorney what this role entails and how to choose someone you fully trust.

3. How can I minimize estate taxes?
Estate taxes can substantially reduce what’s passed on to your beneficiaries. Ask your attorney about strategies—such as gifting, trusts, or charitable giving—that can help preserve more of your estate.

4. What’s the process for planning long-term care?
Long-term care is an essential part of any estate plan. Talk about insurance options, asset protection, and ways to plan ahead so your family isn’t left with unexpected financial burdens.

5. How often should my estate plan be updated?
Life changes—marriage, children, property purchases, or new laws—can all impact your plan. Ask how often you should review and update your documents to ensure they reflect your current wishes.

6. How are digital assets handled?
From online banking to social media and cryptocurrency, today’s estate plans must include digital assets. Make sure your attorney guides you on how to secure and transfer these accounts.

7. What are my charitable-giving options?
If you want to leave a lasting impact, ask about ways to incorporate charitable giving into your plan. The right approach can align with your values while offering tax benefits.

8. How can I best protect my family?
Your estate plan should provide peace of mind. Discuss options to ensure your loved ones’ financial security—whether that means funding education, protecting your spouse, or supporting dependents.

9. What are the costs involved?
Transparency matters. Ask for a clear breakdown of fees related to drafting, updating, or managing your estate plan to avoid surprises down the road.

10. How are special family situations handled?
Every family is unique. If you have a blended family, dependent children, or a loved one with special needs, your plan should reflect that. Be sure to ask how your attorney can address your specific circumstances.