What Topics Should Be Included in an Estate Planning Consultation Between Attorney and Client?

Clients are often unaware of what is important in the estate planning discussion. They do not volunteer information that the attorney should know. The attorney should have a checklist or agenda for meetings with the client to ensure they are eliciting all information that is relevant to the planning process. This includes information concerning the client’s:

1. Basic information (date of birth, contact information, citizenship, marital status);
2. Family and others who would be entitled to probate property in the absence of a will, including predeceased children and any family members or beneficiaries with special needs or considerations;
3. Assets, including the form of ownership, identity of any co-owners, and designated beneficiaries;
4. Liabilities, including the terms of any notes or mortgages;
5. Prior transfers of assets;
6. Present and prospective interests in trusts and estates; and
7. Fiduciary selection (attorney-in-fact, personal representative, executor, trustee, guardian).

The attorney should also clearly communicate the terms of the engagement (hourly rate or fee charged by the attorney, and whether a retainer is required). If the attorney is meeting with a married couple, the attorney should obtain a dual representation agreement whereby each spouse waives any conflict of interest with the other spouse.