You have reached out to an estate planning attorney and have scheduled an initial screening conference. Perhaps you want to investigate obtaining a Will, Power of Attorney or a Health Care Directive. With the ongoing COVID-19 pandemic, it is very likely that this meeting will be conducted remotely, perhaps by video conferencing or via telephone. Many practitioners offer a free or low-cost initial screening conference.
Preparing For The Interview
Know your objectives. The
time allotted for the conference may be brief--typically about 30 minutes, so
you'll want to make the most of that time. Think of what services are you
seeking. Have a list of questions to ask. What is the process? How long will it
take for the matter to be completed? What documents will be needed? What are
the fees? Terms of payment?
The attorney may have
sent you an intake questionnaire in advance. This is to help the attorney understand
your family and financial situation beforehand. Be sure that you have completed
and returned it prior to the meeting.
But if the firm did not provide a questionnaire, the attorney will need to fill in a lot of blanks. Be ready to answer a lot of questions about your family, assets, finances, and your needs and values. Some of the questions may be uncomfortable, as end of life issues are never easy to discuss. But know that the attorney wouldn't inquire unless it was relevant.
Gather Your Documents
It may not be crucial for the attorney to see all your asset documentation at this time, but if you can have a few key things on hand it will make the interview go more smoothly.
- Deeds to real property. The attorney will need to know how the title is held, who has interests in the property, legal description, etc.
- Financial statements. Bank accounts, pensions, money markets, IRA, etc.
- Business agreements. If you own a company or have an interest in a partnership, the attorney will need to know about the agreements, especially disposition at death.
- Stock certificates.
- Life insurance policy information. Who are the beneficiaries? What are the death benefits?
- Divorce agreements, child custody orders, etc.
- Current estate plan documents, if you have any.
Be Prepared to Have Some Answers
You should have at least a rough idea of how you want your estate to be managed. How do you want your assets to be distributed and to whom? You may not have decided it with certainty at this time, and that's OK. But be ready to discuss your family relationships and ask for suggestions if you aren't sure yet. Think about the needs of your intended beneficiaries. Are any of them under the age of 21?
Who do you want to serve as your personal representatives and health care agents? Again, you may not have decided for certain at this time, but this is something you can discuss with the attorney. You will be asked about who you want to manage your finances and estate plan should you become incapacitated or pass away.
Never Hesitate to Ask!
Estate planning can be a bit daunting, and it involves topics that may not be easy to discuss. Don't be afraid to ask questions if something needs clarification, or you just want to know the choices. A good attorney can help you with the process and outline your options.
A Note About Attorney-Client Relations
An attorney has ethical obligations to a prospective client, even if the attorney and you do not enter into an attorney-client relationship. This includes duties of confidentiality and conflict avoidance. However, if advice is given and relied upon by you, an attorney-client relationship may exist, even if the attorney declines further representation in the matter.
Keep in mind that at any point along the way the attorney may decline to represent you and may give no reason for doing so. Don't take it personally, it may be that the attorney is faced with a conflict and is protecting the interests of another represented party (and you!) by declining representation of you.
Note that until you have executed an engagement agreement, you are under no obligation to do business with the attorney. You are free to seek out the services of any other practitioner.