You should consider the following questions before meeting with your Estate Planning attorney:
1. What are your primary concerns or goals as they relate to estate planning?
2. Who do you want to receive your assets when you die?
- Amount or specific asset
- Any terms or conditions
- If child(ren), the age(s) at which you want them to receive assets outright (versus in a trust managed by someone for the child's benefit)
- Specific gifts of personal property
- Charitable gifts
3. Who do you want to be in charge of administering your assets when you die (collecting them and distributing them to your beneficiaries)? This is the role typically referred to as "Executor" or "Trustee."
4. Who do you want to designate as a guardian for any child if you are not available to take care of them?
- You need to designate a person or persons to have physical custody of the children (called "guardian of the person")
- You also need to designate a person or persons to take care of any money for them until they become adults (called "guardian of the estate"). The same person(s) can be guardians of the person and estate or you can designate different people to fill these roles.
5. Who do you want to designate to make health care decisions for you if you are unable to make them for yourself? You will need to provide names and contact information (address & phone) for any such person(s).
6. Who, if anyone, would you want to name as your agent-in-fact or power of attorney with authority to act and transact business on your behalf either now, or in the event of your incapacity? You will need to provide names and addresses for any such person(s).
For each of the above questions, think about an alternate (or alternates) in case your first choice is not available.