Who the lawyer represents
Estate planning counsel represents the person making the plan, and when spouses or partners plan together, the lawyer may represent both jointly. Joint representation is common and efficient, but it usually means information is shared between the clients, and a serious conflict between them can require changes to the arrangement. Adult children often help an aging parent find a lawyer, attend meetings, or pay fees, yet the parent remains the client. A careful lawyer will want to meet with the parent alone at some point, which protects the plan if it is ever questioned. Understanding these boundaries at the outset avoids awkward moments later.
Preparing for the engagement
Before meeting, write down your main goals and worries in your own words, even briefly. Gather existing estate documents, a summary of assets, and contact details for your accountant and financial adviser. Think about whether you want a single set of documents or a plan that includes trusts and ongoing administration. Ask how fees are structured, whether as a flat fee or by the hour, and what is included. If anyone in your family has strong views about your plan, mention it so that the plan can account for it.
A relationship that continues
A first consultation sets the scope of the engagement and the order in which documents will be prepared. Estate plans age: tax law changes, families grow and shrink, and people move between states. We discuss how reviews will be scheduled and what kinds of events should prompt a call. Counsel can also help with funding a trust after signing, a step people frequently skip. When the time comes, the same firm can often assist the executor or trustee, although that representation is a new engagement with its own terms.
