What to Gather Before Meeting an Estate Attorney

Walk into your first consultation with everything an attorney needs to advise you.

5 min read

Estate attorneys typically bill by the hour — rates vary widely by region, but $250–$500/hour is a common range as of 2024. Walking in unprepared means you're paying the attorney to ask questions you could have answered in advance. This checklist ensures you arrive organized, which means the attorney can spend time advising — not interviewing.

Personal Information

☐Full legal names (and any former names) for you and your spouse/partner

☐Dates of birth for you, your spouse, and all children

☐Social Security numbers for you and your spouse

☐Current address and how long you've lived in your state

☐Citizenship status (affects estate tax planning)

☐Marriage history: current, prior, divorces (bring any prenuptial/postnuptial agreements)

☐Children: full list including adopted, stepchildren, and any children with special needs

☐Grandchildren, if they'll be included in the plan

Existing Legal Documents

☐Current will (bring the original if possible)

☐Any trust documents (revocable, irrevocable, special needs)

☐Power of attorney (financial)

☐Healthcare proxy / healthcare power of attorney

☐Living will / advance directive

☐Any prior estate plans or amendments

☐Prenuptial or postnuptial agreements

☐Business operating agreements, partnership agreements, or buy-sell agreements

Financial Overview

☐Approximate total net worth (rough is fine — the attorney needs the range, not the penny)

☐List of bank accounts and approximate balances

☐Retirement accounts: 401(k), IRA, Roth, pension — with current beneficiary designations

☐Investment and brokerage accounts

☐Life insurance policies: face value, owner, beneficiary

☐Real estate owned: addresses, approximate values, how title is held, any mortgages

☐Business interests: ownership percentage, structure (LLC, S-corp, sole prop), approximate value

☐Significant debts: mortgages, student loans, business loans

☐Any expected inheritances you'll receive

Decisions to Think About Beforehand

☐Who should manage your estate if you die? (Executor) Name a backup.

☐Who should manage your finances if you're incapacitated? (Power of attorney)

☐Who should make medical decisions if you can't? (Healthcare proxy)

☐If you have minor children: who should raise them? (Guardian)

☐How do you want assets distributed — equal shares, specific bequests, trusts for children?

☐Are there any people you specifically want to exclude? (If so, tell the attorney — silence in a will can be contested.)

☐Any charitable giving goals?

☐Any concerns about a beneficiary's ability to manage money (addiction, creditor problems, immaturity)?

Key point: You don't need to have every answer. The attorney will guide you through the decisions. But the more you've thought about these questions, the faster and cheaper the process will be.

Pro Tips

+Ask the attorney's rate and billing structure before the meeting. Many offer a free or flat-fee initial consultation.
+Bring a notepad. You'll get a lot of information quickly.
+If you're married, both spouses should attend. Estate planning is a couples' discussion.
+Use our free Attorney Briefing Tool to organize all of this into a two-page print-ready summary the attorney can reference.

Disclaimer. This content is for educational purposes only and does not constitute legal advice. Estate laws vary by state and situation. Consult a licensed attorney in your jurisdiction for guidance specific to your circumstances.

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