ABA Family Legal Guide

Estate Planning

Estate-Planning Basics

Working with a Lawyer

How will I work with my lawyer to plan my estate?

Don't just expect to pile some papers on your lawyer's desk and have a will or trust magically appear in a few weeks. Preparing these documents is seldom as simple as filling in blanks on a form. Most people will meet with their lawyer several times, with more extensive estates requiring more consultations.

At the first meeting, be prepared to tell your lawyer about some rather intimate details of your life—how much money you have; how many more children you plan to have; which relatives, friends, or other associates you want to get more or less of your estate. Bring as much information and as many relevant documents as you can to the meeting (see "Information You Need to Plan Your Estate" ).

After talking with you, your lawyer will explain the options the law provides for accomplishing your estate-planning goals. Based on your direction, your lawyer can draft a will or trust or both, depending on your circumstances.

It's a good idea to ask your lawyer to send you a draft of the will or trust document for your review. After examining the draft, ask for any clarification you might need and provide any necessary changes. This information will assist your lawyer in preparing the finalized will or trust document that, upon signing, will become legally effective to distribute your estate.

You should review your estate plan periodically, so you'll want to stay in touch with your lawyer. Don't think of estate planning as a onetime retail transaction, but rather as an occasional process that works best when you have a continuing relationship with your professional advisers.