Questions to Ask an Estate Planning Attorney

What’s inside the free one-page checklist

This download is a quick list of the questions to bring to your first meeting. It’s meant to help you understand what you need, what the lawyer will do, and what to expect—without any pressure.

The checklist includes questions about wills vs. living trusts, powers of attorney, and advance directives (sometimes called living wills). It also includes practical questions about guardianship for children, updates over time, and how probate works in your state (at a general level).

You’ll also find questions about cost and the “flat fee” process—so you know what to look for and what to confirm in writing before work starts.

If you’re new to the US, the questions are written in plain language so you can focus on your family’s goals.

Who this worksheet helps most

This checklist is for adults who want to protect family members and plan ahead—whether you’re starting from scratch or updating older documents.

It can be especially helpful if any of these are true:
- You want to name a guardian for minor children.
- You’re worried about what happens if a parent or spouse dies.
- You’re considering avoiding probate, or you’ve heard terms like “trust” and want clarity.
- You have documents from another country or old paperwork and aren’t sure if it still fits your state.

Estate planning rules vary by state and can change over time. This resource is general education, not legal advice—your best answers will come from a licensed estate planning attorney in your state.

How to use it before you meet an attorney

Use the checklist as your “meeting plan.” Don’t worry if you don’t know everything—your attorney should help you understand the options.

Before your appointment:
1. Download the free PDF and skim it once.
2. Mark the questions you’re most worried about (for example: guardians, inheritance, or what happens at death).
3. Write down your goals in a sentence or two (for example: “We want one clear plan for our children,” or “We want to reduce confusion for our family”).
4. Bring the checklist to your meeting so you can ask follow-up questions.

During the meeting, ask any “why” questions you need. Good questions include what documents are needed for your specific situation and how they work together.

After the meeting, use the answers to compare options and confirm the flat fee in writing before any work starts. If anything is unclear, ask again—calmly and directly.

Questions about flat fees (how to keep it clear)

Many estate planning attorneys quote work as a flat fee (not hourly). That flat fee depends on what you’re asking them to prepare and how complex your plan is.

Typical cost ranges in the US can vary widely, but common flat-fee ranges for individual planning often fall around:
- Basic will (sometimes with related documents): roughly $300–$1,500
- More complete will + powers of attorney + advance directive: roughly $800–$2,500
- Living trust planning (often with a trust + pour-over will + related documents): roughly $1,500–$4,500+

These are broad ranges, not quotes. The real number depends on your state, the documents you choose, and details like whether you need planning for children, whether there’s more than one family situation, and how much coordination is required.

Important: WillArbor is free for the family and does not take a percentage of attorney fees. If fee questions come up, the key is that you confirm the attorney’s flat fee in writing before any work begins.

Avoid common planning mistakes before you sign anything

A checklist can help you avoid avoidable mistakes. Here are a few common ones to watch for:
- Dying without a will (often called “intestacy”), which can send your estate through default state rules.
- Out-of-date beneficiary designations that don’t match your plan.
- DIY forms that fail in your state or don’t match your real goals.
- A living trust that isn’t “funded” or coordinated properly—meaning the trust may not work the way people expect.
- No named guardian for children, or a guardian plan that hasn’t been updated as your family changes.

An attorney can explain what matters in your state and what doesn’t. Use the checklist to ask how they make sure your plan is consistent and current.

Remember: this page provides general education only. Estate planning is state-specific, and you should rely on a licensed attorney for your situation.

Ready to get matched with a licensed estate planning attorney?

If you want to talk with a lawyer in your state, WillArbor can help you get connected. This is a FREE matching service—not a law firm and not your attorney.

When you’re matched, you’ll choose who to contact and you stay in control. Before any legal work starts, confirm the flat fee and the scope of documents in writing.

To explore options and learn more, you can also visit:
- Services overview
- Estate planning guides
- Get matched

Start with the questions in the free PDF, then get matched—free—for a licensed estate planning attorney who can answer your questions in your state and preferred language.

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