How Do I Create a Last Will and Testament or Revocable Living Trust?
A Last Will or Trust is a critical part of any comprehensive estate plan. Unfortunately, the internet is flooded with conflicting information—some helpful, but much of it misleading or outright incorrect. This confusion often causes people to delay action or, worse, rely on faulty online tools that result in ineffective estate plans.
The biggest regret comes when an estate plan is discovered to be invalid or incomplete at a time when it’s too late to fix. To avoid this, most people turn to an experienced estate planning attorney who can guide them through the process, identify their specific needs, and create a plan tailored to their situation.
What Is the Best Way to Start an Estate Plan?
The best way to start an Estate Plan is by consulting an experienced estate planning attorney. While many attorneys use standard “forms,” few stay updated on the latest legal changes in this complex area.
Attorneys who focus their practice on Estate Planning, Probate, and Medicaid Nursing Home Eligibility are better equipped to provide comprehensive guidance tailored to your unique needs. Working with a knowledgeable attorney ensures your estate plan is both effective and up to date.
Schedule a Free Estate Planning Consultation
What Should I Expect When I Meet With an Estate Planning Attorney?
Meeting with an estate planning attorney should be a comfortable and respectful experience. You deserve to be treated with courtesy by the attorney and their staff. A good attorney will take the time to understand your family dynamics, needs, and goals before recommending a plan.
After learning about your unique situation, the attorney will discuss options tailored to your needs. For some, a Will package may be the right choice, while others may benefit more from a revocable living trust. The key is finding the solution that best fits your circumstances.
How Much Will an Initial Estate Planning Consultation Cost?
Most estate planning attorneys offer a free initial consultation, typically lasting 30–60 minutes, to discuss creating or updating your estate plan. During this meeting, you can evaluate whether the attorney is a good fit for your needs and review their rates.
If you decide to proceed, you’ll sign an agreement outlining the services, fees, and payment terms. Many attorneys require a deposit to begin work, with the balance due at the plan’s signing. Some firms also offer flexible payment plans to accommodate their clients.
How Long Will It Take to Finish an Estate Plan?
Generally, an estate planning attorney will have your documents ready for review or signing within 7 to 14 days. A signing appointment will be scheduled, during which the attorney will review the paperwork with you and make any necessary corrections.
At the signing, two witnesses and a notary public will be present to ensure proper execution of your documents. Most signings take 45–90 minutes. Once completed, the attorney will typically provide copies of the documents, often organized in a binder for your convenience.
If your plan includes deeds or other property-related documents, the attorney may file these with the county land records. For those with a Trust Plan, additional steps may be required to ensure the trust is properly funded and functional.
Preparing for an estate planning meeting ensures a productive and efficient session. Here’s what to bring:
- Contact Information: Names, addresses, and phone numbers of family members and anyone you plan to designate as an Executor, Trustee, or Agent under a Power of Attorney.
- Asset Details: Basic information about your assets, such as life insurance policies, bank accounts, investments, real estate, or mineral interests.
- Existing Documents: Copies of any current estate planning documents, such as Wills, Trusts, or Powers of Attorney.
Having this information ready allows your attorney to understand your situation fully and create a plan tailored to your needs.
Should I Bring a Child or Other Family Member to the Estate Planning Meeting?
Some people want others to attend an estate planning meeting. This may include a spouse, child, family member or trusted friend. In many cases this is a good idea. Do not be surprised if the attorney wants to visit with you privately. This is not to offend the other attendees, instead this is to protect both you and them from claims of undue influence.
What Should I Do if I Don’t Like the Attorney or Fees Are Too High?
If you don’t like the attorney you can certainly walk away. If you believe that the fees are too high, you can also shop around. Keep in mind that lower costs does not always mean a better deal.
Why Should I Create an Estate Plan?
There are many reasons to create an estate plan, among these are:
- Creating an estate plan offers numerous benefits that provide peace of mind and clarity for you and your family. Key reasons include:
- Control: Maintain control by designating trusted individuals to serve as your Agent under a Power of Attorney, Trustee, or Executor.
- Smooth Transitions: A well-crafted estate plan ensures your family can handle challenges effectively—not just after your passing but also if you become unable to manage your affairs.
- Cost Savings: Proper planning helps avoid costly court proceedings, including probate and guardianship appointments.
- Conflict Avoidance: Clearly documenting your wishes for finances, assets, and healthcare reduces the likelihood of family disputes.
- Efficiency: Plans designed to avoid probate save time and minimize confusion about how assets should be managed and distributed.