How to Prepare for Your First Estate Planning Session

HOW TO PREPARE FOR YOUR FIRST ESTATE PLANNING SESSION

Whether you’re a newlywed or a retiree, you should have an estate plan. An estate plan is more than a will alone. An estate plan consists of multiple documents underlining the “whos,” “whats,” and “hows” of the management of your finances, assets and family matters in case of your absence.

The first step is often the hardest- deciding to make an appointment to talk to a lawyer about your estate plan.  Most of the time, we find that once you take that step, the rest of the process is much easier than the process you went through in the first place to take that step.

As opposed to the average firm that may ask their clients to come prepared with countless document copies and tough decisions already made, our team offers guidance through every step of the process. In preparation for your first estate planning session, we came up with a brief list on how you can prepare to meet with us, which does not involve making a painstaking and detailed inventory of everything in your life, but simply organizing your thoughts so that we can better help you get the plan in place that gives you peace of mind.
 
Write Down Your Questions

Before the initial meeting, we suggest that clients write down any questions they may have for us. We encourage our clients to think of us as a resource. We want you to be comfortable asking us anything (especially how you can avoid probate and taxes!). As your estate planning lawyer, it’s essential for us to build a rapport, forming a deep understanding of what you need and the best way to handle your affairs.

Some questions we frequently hear from our estate planning clients include:

• How can I take care of my spouse but also make sure assets are preserved for my children?
• How do I know who I should name as a personal representative, health care proxy, guardian for my children?
• What if my spouse is not a U.S. citizen?
• What if my spouse or I have children from a prior marriage or relationship?  How do we make sure all of the children are protected?
• How does a recent divorce affect my estate plan?
• How can I save my family the time and cost of probate court?

You don't have to have the answers to these questions for your first estate planning session, but knowing what is on your mind is a big help to us as we think about the plan that best meets your needs and addresses your specific concerns.

Visualize Your Family’s Future

Second, we’d like our clients to think about the future. What assets do you have and want to leave behind for your loved ones? What should become of your children and household after your passing? Who in your family is qualified to make financial decisions and medical decisions if you’re incapacitated?

With a comprehensive estate plan, these matters are addressed adequately. You’ll receive the proper guidance on specific choices and how to handle your requests, including care for children, a particular property, and choosing your power of attorney. Clients aren’t required to have all of the answers to these questions, but they are helpful to consider beforehand.

Involve Your Spouse

You may be the one tasked with actually coming to the appointment, but these conversations should also involve your spouse.  Most likely your ultimate estate plan will include reciprocal documents for each of you, in order to take maximum advantage of estate tax exemptions but also to make sure that the plan for your children is clear and settled, no matter which one of you passes first.  If your spouse can't be at the initial appointment with you, then it is helpful to go through the exercise of writing down your questions together, so that when we meet we can have a complete picture of the issues your family is trying to resolve.  You might also consider having your spouse available for a phone call when you have your first appointment, in case there are any questions about your options or how you move forward that you should both have a say in.

Consider End-of-Life Issues

Last, but not least, we strongly suggest that you think about your health care, funeral and burial wishes. These may be sensitive topics to consider, but they are important.  Who you choose as a health care proxy should be someone who understands your wishes (for example, when do you or do you not want intrusive life-saving care), and who you trust to honor those wishes.  It is also highly recommended to include your preferences with respect to final arrangements in a comprehensive estate plan. Including funeral arrangements in your will ensures your requests are honored and legally bound. It will also reduce the potential for family disagreements at an emotionally difficult time.
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Clients may not come fully prepared for their first estate planning session, and that is okay. Our attorneys at SLN Law understand. We work with you to gather all paperwork and documentation needed as we walk through the process together. We also offer your first consultation free of charge. Estate planning doesn’t have to be overwhelming, not with our help!

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About slnlaw

We are a Massachusetts law firm focused on business law, employment law, and estate planning. Our team includes attorneys with large law firm experience, public service experience, experience working with small businesses on a wide variety of matters, an attorney with an advanced degree (LLM), and a former clerk to the Massachusetts Supreme Judicial Court.  Attorney and founder Emily Smith-Lee has been named to the Massachusetts Super Lawyers list every year since 2013, and was recently named a 2018 Lawyer of the Year by Massachusetts Lawyers Weekly.  Our lead estate planning attorney Jenna Ordway has been recognized as a top estate planning attorney, and has published a book about estate planning in Massachusetts.
 
What We Do

• Employment Law: We advise both businesses and individuals about Massachusetts and federal employment laws, and represent them as needed in litigation if a lawsuit cannot be avoided. 
• Business Law: In addition to providing advice on employment matters and defense of employee lawsuits, we can help you set up your new business, review your agreements with vendors and customers, resolve or litigate business disputes, and much more. 
• Estate Planning: We provide customized plans for individuals and families to help minimize your estate tax liability, protect and preserve your assets, and ensure that the people in your life are taken care of the way that you want.  We can help you with wills and trusts, planning for a child with special needs, planning for the cost of long term care, and more.

​We also have an extensive network of other professionals, some lawyers in other practice areas and others who are non-lawyer professionals who offer services that our clients frequently need.  If the problem you need solved is not one that we handle, we are happy to provide a referral to someone we know you can trust.

Testimonials

"Emily, a chief partner, and the two other lawyers who worked on my case were extremely competent and approachable. They were responsive to inquiries and they thoughtfully explained, as needed, complex legal terms. I was very well represented at each stage of a protracted legal case against a major national firm."  Brian R

"It was a pleasure working with Emily Smith-Lee on a business matter. She willingly shares her expertise and always listens to her clients' concerns. Emily's caring demeanor puts people at ease immediately. The outcome of my experience was quite favorable. I would highly recommend them."  Camille B.

​"Emily is an incredible resource of knowledge on employment law. She helped guide us on how to structure our employee classifications and made adjustments to our consulting agreements so our business is better protected and positioned. She's both law-savvy and business minded - great asset to have when launching/growing a business."  Diana B.

"SLN represented me in a complicated employment-related dispute. What could have been a prolonged nightmare for me was handled swiftly and skillfully, and with fairness and dignity."  Smita N.

​"Previously, I spoke with a couple other lawyers and I did not feel comfortable with their approach prior to calling Emily. Jenna did an excellent job in assessing what I wanted to accomplish and completed my will, trust and other documents in a very short time. I am so happy I made the right choice in choosing slnlaw as my estate team."  Evelyn W.

"Long overdue public words of gratitude for Emily and her associates' work on my behalf.  They were so very respectful of me during an emotionally and financially ridden time- and that mattered more than the positive result.  May all clients have such advocates on their sides!"  Donna B.

"Emily helped our LLC in crafting an international sales agency agreement. She took the time to listen and learn about our business as well as ask about our short and long terms goals. She has a deep understanding of business contract law and was able to explain things to us clearly without being overly legalese. We would recommend SLN Law without hesitation!" Michael M.

Read more on our reviews page ​​