Ask a Lawyer : Chapter 2 - Getting Started

Preparation is Everything

Q. What advice do you have for clients who are just beginning the estate planning process? What are the most important things they can do to make the process go smoothly?

A. The most important thing is for the client/s to give some serious thought as to how they would like their family provided for, and their property divided, after their deaths. They also need to give some thought as to who would implement these decisions for them, i.e., who will be the personal representative of the estate, the guardian of their children, and the trustee of any trusts.  Where minor children are involved, I often find that the question of who is to be the guardian is the most difficult one.  The two spouses may disagree on this, so I usually suggest that they discuss it between themselves before they meet with me.  Then, if they are still undecided, I can give them some guidelines for making a decision that they are both happy with.

The other important factor is to have an accurate listing of assets and liabilities.  Unless the attorney is made aware of the nature of the client’s property, it is impossible to plan for its transmission.

Overcoming Reluctance

Q. At best, 50% of Americans have wills or trusts. Why do so many people have trouble taking this step? What’s the best way for people to overcome their reluctance?

A. I have found that the reluctance to write a will often is a result of fearing to face one’s own mortality. I have seen serious ill individuals, who are just days from death, still insist that they will get better and, therefore, do not need a will. It is very difficult to overcome such an elemental fear, and it is usually a family member or other loved one, not the attorney, who is successful in persuading such a person to prepare a will.  Reading a book like this can be a helpful part of the process, since greater knowledge of wills and the probate process can help some people overcome their fears.