Knowing what questions to ask when first meeting with an estate planning attorney can make creating an estate plan easier for you and the attorney. A recent article from North Penn Now, “10 Questions To Ask Your Estate Planning Attorney,” covers all the basics and serves as a helpful checklist.
What estate planning documents do I need? It’s easy to get overwhelmed by the many different names of estate planning documents, so begin with the basics. Everyone over age 18 needs a Will, also known as a Last Will and Testament. The estate planning attorney will discuss your situation and determine whether you need a trust, and if so, what kind is best for your situation.
How do I pick the person to be my Agent under my Powers of Attorney? For many people, this is an easy decision—they name their spouse or an adult child. If there are no trustworthy, responsible family members, the attorney will suggest considering other options. Someone who has been like a family member for decades might be a good candidate. The Power of Attorney is used if you are unable to handle your own financial or legal matters, even temporarily. Your Agent might have to ensure that bills are paid and manage other aspects of your life.
Every estate plan should have a Healthcare Power of Attorney. Under this document, you name a person or persons to make medical decisions for you in case you are unable to do so for yourself. It needs to be someone whom you trust to follow your specific wishes, regardless of whether they agree with them.
You’ll also want to have a Living Will, in which you state your wishes for medical care if you become terminally ill. You decide if you want to be kept alive by artificial means, for instance, or if you don’t want to be placed on a heart and lung machine. These are difficult questions to consider. However, if you don’t express them and document them, your family will be left to figure out what to do.
Can an estate plan minimize estate taxes? Yes, estate plans are used to minimize taxes for the person making the Will and their heirs. Strategies such as creating trusts and gifting can be used, if they comply with the IRS estate tax guidelines.
How does one plan for long-term care? Paying for long-term care keeps many people up at night. Nursing home care is expensive, and qualifying for Medicaid coverage requires advance planning. Your estate planning attorney will address your concerns and help plan for long-term care.
How often should an estate plan be updated? An estate plan needs to be reviewed and potentially updated every three to five years or whenever there is a significant life event, such as marriage, birth, death, or divorce. Sometimes, an estate plan just needs to be reviewed. However, there have been many significant changes to the tax laws in recent years. An estate plan created five or six years ago could present problems for surviving spouses and heirs.
What to do about digital assets? Most Americans have many more digital assets than they know, even if they don’t have cryptocurrency. Create an inventory of all your accounts, usernames, passwords and how they can be accessed. Pick a family member who is tech-savvy and will be able to shut down accounts if you die without closing them down. Otherwise, your digital self may live forever, making your family vulnerable to fraud and cybercrime. Financial Powers of Attorney and Wills should contain language authorizing your Agent and Executor to deal with your digital assets and accounts.
How can an estate plan be prepared for special situations? Blended families or families with a disabled family member require slightly different kinds of strategies. Most estate planning attorneys are experienced with a surprisingly broad array of family situations. Anything you’re facing, they’ve dealt with before.
The most important thing to know about estate planning: it’s important to get it done and then keep it updated to reflect the changes in your life.
Reference: North Penn Now (Nov. 7, 2025) “10 Questions To Ask Your Estate Planning Attorney”
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