Preparing for your first meeting
Start by thinking about why you are coming in. For most people it is to have a will drawn and to put related powers of attorney in place. A will determines who receives your assets at your death, so the attorney needs to know two broad things: what your assets are and who you want to leave them to. Come prepared to speak to both.
Do I have to leave my family something?
You do not have to leave anyone anything — not even a dollar. It is best to acknowledge in a will that you are married and have children, siblings, and so on, and then leave your assets to whomever you wish. If you are disinheriting a family member, discuss the reasons with your attorney so that special steps can be taken to reduce the risk of a will contest.
Should I disclose sensitive family circumstances?
Yes. It is very important to discuss any special needs your beneficiaries may have — a child with an addiction problem, a child whose marriage may be ending, a beneficiary with creditor problems, or a beneficiary receiving government benefits. Those facts change how the plan should be drafted, often through trust provisions rather than outright gifts.
What a complete plan usually includes
- A formal, attested will
- Durable power of attorney for financial matters
- Medical power of attorney and directive to physicians
- HIPAA authorization
- Declaration of guardian, where appropriate
- Trust provisions for minor, disabled, or at-risk beneficiaries