Saturday, June 21, 2014

GETTING READY TO MEET WITH YOUR ESTATE ATTORNEY--WHAT YOU SHOULD BRING



 It is helpful to bring any existing wills, trusts, and powers of attorney, a list of beneficiaries and also a list of potential fiduciaries--people or banks who can act on your behalf in the event of death or incapacity. Your beneficiaries' addresses and birthdays, and the addresses of anyone who may act on your behalf such as potential guardian, agents, executors, and trustees. If you have a financial balance sheet or details list of assets, bring those, but usually a general idea of your assets, including insurance, is sufficient for the initial estate planning consultation. In most instances, you can get the ball rolling if you have a least a general idea of your assets.

Knowing the general nature and extent of your assets is a basic requirement for your attorney to have the ability to write a legally binding will or trust. The allegation of incapacity ( along with undue influence) is a common reason to challenge an otherwise legally binding estate plan. 

At the end of our first estate planning meeting you can decide whether or not to hire me and an Engagement Letter will be prepared. The Price list will give you a good idea of what to expect in terms of cost. At that time, if you're not sure you want to hire me, you may take the Engagement Letter home without signing it and contact me when you have made a decision. If you decide to proceed, then sign the Engagement Letter and we will set up a mutually convenient time for our next meeting. 

After I am hired with an Engagement Letter, and we have resolved any possible outstanding issues preventing us from getting started, I will send you a draft of the documents (PDF. or hard copy), usually within a few weeks. If the draft needs work, then we exchange more information until we have the semblance of an estate plan that meets your needs and review the revised drafts. You may sign them at that time, or it may require another meeting. After you have signed your documents, copies are made and  you are given the originals to keep in a safe place such as a safety deposit box at your bank.

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