Legal Question in Wills and Trusts in Pennsylvania

I don't know how other attorneys do it, but I send my clients an estate planning questionnaire along with my fee agreement and ask them to complete it and return to me after they engage me to do a will or trust. I then set up a time to meet the clients in person or over the phone and I clarify what they want based on the information on the worksheet which they have returned to me. I then prepare a draft which I email to the client. They review and notify me of any changes and once the final version is complete I send it to the client.

My estate planning includes a will or trust, health care power of attorney, financial power of attorney, living will/advance directive and I throw in some bonuses at no charge.

An initial question is what does the attorney charge and what documents are included? How long will it take? If you have mobility issues, find out if the attorney will come to your house or a facility in which you reside and if there is any extra charge for that. Ask also if the attorney stores the will for the client. I don't but I know of some attorneys who do. Does the attorney assist with notarizing and signing the will? You need to find out. I generally do not as the client can take the will and other documents to any UPS type of store and have it done. The client just needs to have the witnesses handy so that everyone signs in front of the notary and each other.

If the attorney does not use an estate planning questionnaire (I am not saying that an attorney who does not is incompetent but I have to wonder why not - I just think it is good practice to do so) then you need to be prepared to discuss all of your assets/debts as well as the beneficiaries and heirs. You need to tell the attorney if there are any potential problems - like if you want to disinherit someone - be they child or spouse. You need to tell the attorney if there are any adopted or "love" children born out of wedlock. You need to think about what if the beneficiary dies before you and how you would want your assets to pass in such case. You also ned to think of guardians or trusts if any of your beneficiaries are under 18 and what you want to happen to the assets in such case and who is to manage. You need to think about when any minors can be able to have the assets, bearing in mind that young people and money are not always a good mix. If you have pets, you need to know how they will be treated. And if you have several beneficiaries, consider providing a mechanism for resolving any disagreements and in fairly distributing the assets. What about if people die simultaneously? What do you want to happen to your stuff in that case?

Do not assume you do not need a will because you have no assets. I have known peop,le who died dead millionaires even though they had no assets during their lives.

The list of things is endless. But these are all the types of things you need to be prepared to discuss with the attorney.