10 Must-Ask Questions for Your Estate Planning Attorney
Have you ever walked into a lawyer’s office and felt unsure of what to ask first? At Trusts and Estates Law Group, we have found that the right questions often matter as much as the answers.
A short list prepared ahead of time can save families time, money, and stress. The ten topics below will help you feel confident when you meet with any attorney about wills, trusts, or elder law matters.
1. What is Your Experience in Estate Planning?
Start by finding out how long the lawyer has focused on wills, trusts, powers of attorney, and tax planning. Ask whether they regularly handle estates similar in size to yours and whether they have worked with blended families, closely held businesses, or real property in several counties. It also helps to know how the attorney keeps current with North Carolina’s ever-changing statutes and court decisions.
2. What’s Your Approach to an Initial Consultation?
The first meeting should feel more like a conversation than a quiz. Ask how much time the lawyer sets aside, whether you should bring deeds or account statements, and how privacy is maintained when discussing family conflicts. Clarify if the firm provides a written summary of the next steps after that visit.
Before leaving that first appointment, make sure you and the lawyer have covered these points:
- Goals for your assets during life and after death
- Key people you want involved, such as an executor or guardian
- Concerns about long-term care, taxes, or disputes among heirs
3. How Are Your Fees Structured?
Legal invoices can be confusing unless the arrangement is clear from day one. Request a written outline of whether the firm charges flat amounts, hourly rates, or a mix. Find out which services are bundled and which carry extra costs, such as court filing charges or deed recordation.
The comparison below may help you spot the plan that fits your budget.
| Model | How It Works | Best For |
| Flat Fee | A single amount covers draft, review, and signing meetings | Clients who value predictability |
| Hourly | Billing based on time spent on calls, emails, and drafting | Situations with many unknowns or complex litigation |
| Hybrid | Base flat fee plus hourly work for extra items, such as deeds | Mid-sized estates with possible add-ons |
4. Walk Me Through the Estate Planning Process.
Ask for a plain-language overview from start to finish. The estate planning lawyer should explain when asset lists are reviewed, how draft documents are shared, and who handles execution and notarization. Clarify whether the firm will guide you on retitling accounts, updating beneficiary forms, and storing originals after signing.
5. How Will You Address Estate Taxes?
Even though North Carolina no longer has a state estate tax, large estates may still face federal liability. Discuss lifetime gifting, portability between spouses, and how charitable transfers can lower taxable value. If your estate is below federal thresholds, confirm whether income tax planning for heirs still matters.
6. Do You Handle Both Trusts and Wills?
Some families are best served by a simple will, while others benefit from revocable or irrevocable trusts. Ask the lawyer to outline the pros and cons of each option concerning privacy, probate length, and potential savings. Also, inquire about certain types, such as supplemental needs trusts for disabled beneficiaries or land trusts for farms.
7. What’s Included in Comprehensive Planning?
A truly complete plan usually goes beyond a will or trust. Confirm whether the package covers:
- Durable power of attorney for finances
- Health care power of attorney and living will
- HIPAA release forms so loved ones can speak with doctors
Make sure the attorney explains how these papers interact and how often they should be reviewed.
8. How Often Should My Plan Be Reviewed and Updated?
Laws change, children grow, and assets shift. Many attorneys suggest a check-in every three to five years or after milestones like marriage, divorce, or purchasing real estate in another state. Ask whether the firm offers reminder letters, client workshops, or a maintenance program that lets you make modest amendments without fresh legal fees each time.
9. Can You Provide References?
Reading online comments is helpful, yet speaking directly with former clients tells you more about responsiveness and communication style. Respecting privacy, a good firm can often share a few names or provide redacted testimonials that illustrate how projects similar to yours were completed.
10. What Happens After My Death?
Your executor may feel overwhelmed if left without guidance. Clarify whether the attorney will meet with that person, prepare probate filings, or oversee trust funding. Ask how long typical North Carolina estates remain open and what the firm does to minimize delays, such as providing checklists for valuing property and paying final bills.
By discussing administration in advance, you reduce confusion later and give loved ones space to mourn rather than sort paperwork.
Ready to Protect Your Legacy? Contact Trusts and Estates Law Group Today!
Questions are welcome at every stage of the planning process. Call us at 919-782-3500, and one of our team members will schedule a convenient time to talk. You can also reach us through our Contact Us page for quick replies. Taking even one small step today can bring lasting peace of mind for you and the people who matter most.