Estate Planning (the questions)

In working through an existing estate plan with a client or helping a client to make an initial estate plan, an attorney should be able to give answers to the following questions, so the client can decide what types of estate planning he or she wants or needs to accomplish his or her purposes:
  • What property do I have that would be the subject of my estate plan (whether or not you have one)?
                Real?   Personal?
                How is the property titled?
                     (e.g. Joint tenancy, community property, etc.)
                How does title pass when I die?
  • Does my estate plan control that property?
  • What if I am incapacitated?
  • Is this how I want things to be?
  •  Do I need a will? a Trust?
  • What happens when I die without a will?  with a will?  with a trust?
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