What are some things that a estate planning attorney will discuss with client when making a will?

Asked over 1 year ago - New York, NY

I know that estate planning attorney draft wills for clients, but do the help the client draft the will or do they just write down what the says in the will? Do they discuss things such as prenups, 401k, retirement plans, life insurance and etc?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    14

    Lawyers agree

    1

    Answered . The lawyer will go over each area that needs to be addressed in the will and then draft it. The lawyer needs basic information from the client such as how the client wants assets distibruted, who the Executor(s) will be, who will raise the kids if there are kids, etc.

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  2. Frank Louis Buquicchio

    Contributor Level 12

    12

    Lawyers agree

    Answered . An experienced planning attorney will review all of those things with you and understand first what your goals are. There are a number of provisions that can be part of a Will depending on individual circumstances. You should discuss who will inherit your assets as well as how and when. You need to discuss who will be the Executor (as well as Trustee if needed). The attorney should also discuss advance directives (power of attorney, health care proxy and living will) as a critical part of any estate plan

  3. Douglas R Holbrook

    Contributor Level 10

    11

    Lawyers agree

    Answered . A good estate planning lawyer will ask you questions, and listen both.
    They will know what is relevant to your estate planning, which does
    include an analysis of all your assets, as well as any expected
    inheritance you might have. The lawyer's expertise is much more than just
    filling in blanks in a form, since there are options and things that you
    probably have not thought of to consider, and taxes are oftentimes a
    concern.

    Good luck.
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  4. Deborah Gail Rosenthal

    Contributor Level 2

    3

    Lawyers agree

    Answered . There are four main topics of discussion: (1) who you are and who are your next of kin; (2) what are your assets and how are they titled; (3) who do you want to administer your estate and what do you want to do with your assets after you die; and (4) advance directives, such as power of attorney, health care proxy and living will.

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