Questions to Ask a Lawyer When Doing a Will
Questions to ask a lawyer when making a will, for anyone preparing a will for the first time or replacing one that no longer fits. They run in the order the work does: preparing for the first meeting, what you own, the people you name, reading the draft, signing day, and keeping the will current afterwards. The law on wills is local, so the answers that count are the ones your own lawyer gives for where you live.
The questions
Each question, and why to ask it
Preparing
What should I bring to our first meeting so we are not doing paperwork the whole time?
Why ask it
The list is usually mundane: deeds, account statements, life insurance policies, a rough family tree. Getting it in advance turns the meeting into drafting rather than fact-gathering. If the office says to just bring yourself, check whether a second meeting to collect the details is inside the fee.
If I died tomorrow without a will, who would inherit under state law?
Why ask it
Hearing the default gives you something to react against. If it already matches your wishes, you may need less drafting than you feared. If it sends a share to a relative you are estranged from, you now know exactly what the will is there to prevent.
How do you charge for a will, and what is the likely total for someone in my situation?
Why ask it
Straightforward wills are often flat-fee work. What matters is the scope: whether the quote includes the related documents, the signing appointment, and later amendments. That is where a low headline price grows.
What do I need to have decided before you can prepare a first draft, and what can wait until later?
Why ask it
Usually the lawyer needs three things settled: who receives what, who is in charge, and who would raise any young children. Finer points, such as the age at which a grandchild receives money, can often be worked out once there is a draft to react to. Knowing which is which stops you putting off the appointment until everything is decided.
How many meetings does making a will usually take, and how long is it from today to a signed document?
Why ask it
Two meetings with a draft in between is a common pattern, but offices vary. If you are about to travel, have surgery or are in poor health, mention it now, since the timetable can often be shortened when there is a reason.
Will you be preparing my will yourself, or does someone else in the office write it?
Why ask it
A paralegal or junior lawyer drafting from a template is ordinary and can keep the fee down. What you need to know is who checks the result, and whose number to ring when the draft raises a question.
My affairs feel simple. What would a will you prepare do that a form from the internet would not?
Why ask it
Put this plainly and judge the reply by how much of it is about you. A fair one names the places a form can slip, such as signing rules and substitute beneficiaries, and admits when a form might be adequate. Vague warnings about disaster are a sales pitch.
I have an older will. Do you want to see it, and when does it stop counting?
Why ask it
Bring it. The old one shows what you once intended and who may be expecting what, and a new will normally contains a line revoking earlier ones. Until the new will is properly signed, though, the old one is generally still the will you have.
Should I come to the meeting alone, or can a family member sit in?
Why ask it
Many lawyers prefer to take instructions from you alone, at least for part of the meeting, particularly if the person who drove you there is also inheriting. It can feel unfriendly, but it protects the will later if anyone claims you were leaned on.
Is what I tell you kept private, including from relatives who phone your office?
Why ask it
Lawyers owe their clients confidentiality, but it is worth hearing how the office handles a son or daughter ringing to ask what the will says. If you and your spouse are both clients, ask separately what the lawyer may share between the two of you.
Property
Which of my assets pass under the will, and which pass outside it no matter what the will says?
Why ask it
Retirement accounts, life insurance, and jointly held property commonly pass by beneficiary designation or survivorship and never touch the will. People who miss this leave two sets of contradictory instructions, and the form on file at the bank is usually the one that gets followed.
Will my estate have to go through probate here, and what does that mean for my family in time and cost?
Why ask it
Probate is the court process that confirms a will and gives the executor authority to act, and how long it takes and what it costs differ a great deal from place to place. Get a rough range for an estate like yours, and find out whether a smaller estate qualifies for a shorter route where you live.
Do I need a trust, or is a will enough for what I own?
Why ask it
Listen for reasons tied to your facts: real estate in more than one state, a beneficiary you do not want handed a lump sum, privacy, or the cost of probate where you live. A trust recommended without any of those reasons attached is worth questioning.
What happens to everything the will does not specifically give to someone?
Why ask it
This leftover share, often called the residue, can be the largest part of an estate because it sweeps up everything not named elsewhere, including things you acquire later. Check who is named for it and who is next in line if that person has died.
Is it better to leave people fixed sums or percentages of the estate?
Why ask it
A fixed sum is normally paid before the percentages are worked out, so if the estate shrinks, the people sharing the remainder take the whole loss. Give the lawyer rough figures and have them show how the split would look if your estate were half its current size.
How should I handle specific items like jewelry, tools, or furniture?
Why ask it
Named objects can cause more family argument than money. Some places let a will refer to a separate signed list that you can revise without a new will, and some do not, so check before relying on one. For everything unlisted, a method such as taking turns to choose beats leaving siblings to negotiate at the house.
What happens if I no longer own something I have left to someone when I die?
Why ask it
In many places a gift of a particular thing simply fails if the thing has been sold, and the person receives nothing in its place. If you would want them to get the value instead, the will has to say so, which is one reason a car or a shareholding is often described in general terms.
Can I let someone go on living in my home without giving it to them outright?
Why ask it
This comes up when a partner needs a roof but the house is meant for children in the end. There are usually ways to grant a right to stay for life or for a set period, and they bring practical questions about who pays for repairs, insurance and tax. Have those spelled out before you choose.
How do my debts get paid, and can that eat into what I leave someone?
Why ask it
Debts and expenses are generally settled from the estate before beneficiaries receive anything, so a gift can shrink or disappear. The order in which assets are used up decides who absorbs the loss. It usually follows local rules that a will can sometimes change, so have it explained.
Will my estate owe any tax, and is there anything worth doing now?
Why ask it
Whether any tax is due depends on the size of the estate and where you live, and the answer may be less about the estate as a whole than about particular assets, such as a retirement account passed to a beneficiary. If the reply is a pitch for a financial product before anyone has looked at your numbers, slow the conversation down.
What happens to property I own in another state or another country?
Why ask it
Out-of-state real estate can trigger a second probate, and foreign property may follow local inheritance rules your will cannot override. If the lawyer is not licensed where the property sits, ask who they would bring in and what that adds to the cost.
If I own part of a business, what happens to my share?
Why ask it
Your operating or partnership agreement may already dictate what happens and override anything the will says. Bring that agreement to the meeting, because a lawyer answering this without reading it is guessing.
How should I deal with online accounts, photos, and passwords?
Why ask it
The obstacle is access rather than ownership, because platform terms can bar an executor from logging in even with authority over the estate. Ask what powers to grant in the document, and keep the passwords themselves somewhere else, since a will that goes through probate can end up on the public record.
How do I leave a share to a charity?
Why ask it
Give the lawyer the charity's exact legal name and registration number, which are often not what appears on its website. Then raise what should happen to the gift if the organization has merged or closed by the time you die, since a fallback clause is easier to write now than for an executor to argue later.
People
What should I look for in an executor, and what makes someone a poor choice?
Why ask it
You want someone organized, likely to outlive you, and able to say no to relatives. Naming the eldest child is a habit rather than a qualification, and appointing two people who dislike each other is a reliable way to stall an estate.
What will my executor actually have to do, and roughly how long does it take?
Why ask it
The work typically runs to court filings, notifying creditors, valuing assets, tax returns and a good deal of waiting. Once you know the load you can decide whether to name a professional instead, and whether the will should say the executor is paid for their time.
Does my executor need to live nearby, or can I name someone in another state or abroad?
Why ask it
Some courts place conditions on an executor from elsewhere, such as a bond or a local agent, and distance makes clearing a house slow in any case. Have the local rule explained before you settle on the relative you trust most who happens to live furthest away.
Can the person I name as executor also inherit under the will?
Why ask it
People mix this up with the rule about witnesses. A beneficiary acting as executor is ordinary in many places, while a beneficiary who witnesses the signing can put their own gift at risk. Have both rules confirmed for where you live.
How do I provide for a child who is still a minor?
Why ask it
Two separate decisions hide in this question: who raises the child, and who controls the money until what age. If the answer names a guardian and stops there, the money side has been left unmanaged, which often means a lump sum lands on an eighteen-year-old.
Does the court have to follow the guardian I name in my will?
Why ask it
In many places the will nominates and a judge decides, giving weight to your choice and to any surviving parent. Knowing that, ask what makes a nomination persuasive: a named reserve, a short statement of your reasons, and a guardian who has agreed in advance.
What is the right way to leave money to a relative who receives disability benefits?
Why ask it
An outright gift can push someone over an eligibility limit and cost them the support they rely on. Lawyers often suggest a trust written for the purpose in place of a direct gift, but benefit rules differ by program and place, so say which benefits are involved and settle who would manage the money after you are gone.
What can I put in my will about who takes care of my pets?
Why ask it
The law generally treats an animal as property, so a pet cannot inherit but can be left to a person, sometimes along with money for its keep. Check with that person first, and find out whether a formal pet trust exists where you live or is more than you need.
What happens to someone's share if they die before I do?
Why ask it
There are two usual outcomes: the share goes to that person's own children, or it falls back into the pot for the other beneficiaries. Both are reasonable, and only one of them is what you actually intend, so have the lawyer say which one the draft produces for each gift.
My partner and I want wills that mirror each other. Can either of us change ours later?
Why ask it
Matching wills are common for couples, and in general each person stays free to rewrite theirs, including after the other has died. If you are relying on your partner to pass things on to your children, find out whether that reliance has any legal force where you live or only moral force.
I have children from an earlier relationship. What stops everything ending up with my spouse's side of the family?
Why ask it
If everything goes to your spouse outright, it becomes theirs to leave as they wish, and a later will or remarriage can redirect it. Ask for the options that give your spouse use or income while fixing where the capital goes afterwards, and what each costs to set up and run.
Are there people the law says I must provide for, whatever I would prefer?
Why ask it
Many legal systems protect a spouse, and some protect children or dependants, with a fixed share or a right to claim against the estate. This varies sharply between states and countries, so get the local position before planning to leave someone out.
How does the will define my children and my spouse: are stepchildren, adopted children or an unmarried partner included?
Why ask it
Words like children and spouse carry legal meanings that may not match your household. A stepchild you raised or a partner of twenty years may fall outside them unless named. Having people named individually, with a line for anyone born or adopted later, removes the guesswork.
If someone in my family is likely to object, what can we do now to make this harder to challenge?
Why ask it
Say who you expect to object and why, because the precautions differ. Concrete ones include careful notes on your capacity at signing, independent witnesses, a no-contest clause if your state honors one, and telling the family your reasoning while you can still explain it. Reassurance that challenges are rare is not a plan.
Should my reasons for an unequal split go in the will or in a separate letter?
Why ask it
A will that goes through probate can become a public document, so a paragraph about a child's failings may be read by anyone. Lawyers often suggest a private letter kept with the will, and some prefer no written reasons at all. Ask which they recommend for you and why.
The draft
When the draft arrives, which parts should I read first?
Why ask it
Start with the names, then the clause that deals with whatever is left over, then the substitutes for each role and each gift. Those three places are where a slip changes who actually inherits. The standard paragraphs at the back matter less to check yourself, though you can still ask what they do.
Will you go through the draft with me in plain words before I sign?
Why ask it
A clause-by-clause walk-through is slow, and it is the moment misunderstandings come to light. If the office only posts the draft with a cover letter, request a call, and check whether that time is inside the quoted fee.
If I change my mind after seeing the draft, what does a redraft cost?
Why ask it
Second thoughts are normal once the wishes are on paper in front of you. Some flat fees include one round of amendments and charge after that, so find out where the line is before you start editing in your head.
Is every name and description in the draft clear enough that nobody could argue about who or what it means?
Why ask it
Two cousins called John, a daughter who has since married, an account described by a number that later changes: small ambiguities like these are what executors end up asking a court to interpret. Offer full legal names and relationships, and let the lawyer decide how much detail to use for assets.
Can we test the draft against the situations I worry about?
Why ask it
Name the cases out loud: you die first, your spouse dies first, you die together, a child dies before you, the estate is far smaller than today. Have the lawyer say who receives what in each. If any answer surprises you, the draft is not finished.
Does the draft fit with my beneficiary forms and any agreements I have already signed?
Why ask it
A prenuptial agreement, a divorce settlement or a business agreement can limit what a will is able to do, and an account with a named beneficiary may never be touched by it. The useful result is a short list of forms to update and clauses to adjust, produced before the signing and not after.
Signing
What makes a will valid in this state, and what usually makes one fail?
Why ask it
Answers here are short and state-specific: number of witnesses, whether a witness can also inherit, whether a notary is involved. Ask what actually goes wrong in practice, because a will can fail over a signing formality even when nobody disputes what it says.
What will happen at the signing appointment, step by step?
Why ask it
The ceremony is usually brief, but its order matters: who is in the room, who signs first, and whether the witnesses have to watch you sign. Some places also attach a sworn statement so the witnesses need not be traced during probate. Signing at home to save a trip is an easy way to get one of those steps wrong.
Do you supply the witnesses, or should I bring my own?
Why ask it
Many offices use their own staff, which avoids the trap of a witness who is also a beneficiary or married to one. If you are asked to bring people, get the rules on who qualifies in writing first.
What other documents should I be signing at the same time as the will?
Why ask it
A will only speaks once you have died. Raise the documents that cover a spell of incapacity, which go by different names in different places: one appointing someone to manage your money and one covering medical decisions. That is the gap families are often least prepared for.
If I cannot get to your office, can the will be signed at home, in hospital or by video?
Why ask it
Lawyers do attend bedsides, and a few places allow remote or electronic witnessing while others forbid it outright. Find out what is permitted where you live and what extra care the lawyer takes away from the office, because a signing done elsewhere may get a closer look if the will is ever questioned.
How do you record that I understood the will and was signing it freely?
Why ask it
A dated file note by the lawyer, written on the day, can be valuable evidence if someone later says you were confused or pressured. If your health or age makes a challenge more likely, raise whether a doctor's letter is worth getting before you sign.
What happens if I die or lose capacity between today and the signing?
Why ask it
An unsigned draft generally has no effect, however clearly it sets out your wishes, so your old will or the default rules would apply. Where there is real urgency, some lawyers will prepare a short interim will to sign straight away. It is an uncomfortable thing to raise and a sensible one.
Afterwards
Where should the signed original be kept, and who needs to know?
Why ask it
Firms often store originals for clients, so find out whether this one does, what happens to it if the firm closes, and whether a court here would accept a copy. A safe deposit box sounds secure, but getting one opened after a death can take a court order.
Is there a register of wills here, and should mine be on it?
Why ask it
Some states and countries keep a registry that records that a will exists and where it is held, without revealing what it says. Where one exists it gives your family a place to search. Where none does, the answer comes back to telling people yourself.
Who should I tell about the will, and how much does each of them need to know?
Why ask it
At a minimum the executor needs to know they are named, where the original is and which firm drew it up. Whether beneficiaries hear the contents is your decision, and the lawyer will have seen both approaches play out. Ask what they would do with a family like yours.
What should I leave with the will to make my executor's job easier?
Why ask it
A will says who inherits but not where anything is. A plain list of accounts, policies, advisers and regular bills, kept up to date beside it, spares an executor a good deal of detective work. Check whether funeral wishes belong on that list too, since a will is sometimes not read until after the funeral.
How often should I review this will, and which changes in my life should bring me back sooner?
Why ask it
Expect a list along the lines of births, deaths, a new relationship or the end of one, a large purchase or sale, and an executor who is no longer the right choice. Get a figure for a routine review as well, so that price does not quietly discourage you from keeping the will current.
Does getting married or divorced change this will automatically?
Why ask it
In some places marriage cancels an earlier will altogether, and divorce may strike out gifts to a former spouse or leave them untouched. The rule depends entirely on where you live. If a wedding or a separation is on the horizon, say so, because the will can sometimes be worded with it in mind.
Can I make a small change by writing on the will, or does every change need a formal signing?
Why ask it
Crossings-out and notes in the margin are risky: depending on the rules, they may be ignored or may damage the clause they touch. Changes normally need the same formalities as the will itself, either as a short amending document called a codicil or as a fresh will, so find out which the lawyer would use and what it costs.
If I move to another state or country, is this will still good?
Why ask it
A will that was valid where it was signed is often recognised elsewhere, but the new place may have different rules on spouses' rights, tax and who can serve as executor. Plan on a review with a local lawyer after a move, and find out whether anything in this draft could be worded now to travel well.
Getting the most out of the appointment
Practical guidance for the conversation itself
Preparing a will: what to sort out before you go in
- 1Write a plain list of what you own and roughly what it is worth: property, accounts, vehicles, insurance, business interests, anything owed to you.
- 2Pull the beneficiary designations on retirement accounts and life insurance. These often control more money than the will does, and they are frequently years out of date.
- 3Note full legal names and current addresses for everyone you intend to name, including alternates.
- 4Decide the hard questions in advance rather than in the room: guardian for young children, who serves as executor, and how unequal shares are handled if you plan any.
- 5Bring any existing will, prenuptial agreement, divorce decree, or business operating agreement. All four can constrain what a new will is able to do.
Choosing an executor
Competence over seniority
The job is administrative: paperwork, deadlines, bank branches, and patience. Age order and family rank are poor guides. Someone younger who is organized and lives near the assets will usually have an easier time than a distant eldest sibling.
Ask them first
An executor who only learns of the job after your death is generally free to turn it down, and the choice of replacement may then be out of your hands. A short conversation now also lets you tell them where the document is and who your lawyer is.
Name a backup
Your first choice may predecease you, be ill, or simply not want it when the time comes. A named alternate keeps the decision with you rather than with a judge.
Where wills commonly go wrong
- Signing informally. The signing rules are strict in many places, and a will that misses one can be thrown out however clear its wishes are.
- Leaving stale beneficiary designations in place, so that an ex-spouse may still collect the life insurance while the will says otherwise.
- Naming an asset that has been sold or spent by the time you die, which can quietly cancel that gift.
- Handwritten notes and margin edits on a signed original. Depending on the state, these can invalidate parts of the document or the whole thing.
- Storing the only original somewhere nobody can get into, or telling nobody it exists.
- Writing it once and never revisiting it. A twenty-year-old will often names the wrong people for a life that has since changed.
After you sign
- Tell your executor where the original is kept and how to reach the lawyer who drafted it.
- Keep a one-line note with your everyday papers saying that a will exists, the date it was signed, and where the original is held.
- Update beneficiary designations at the same time, since a will generally cannot change them.
- Put a reminder in your calendar to reread it every few years, and after any birth, death, marriage, divorce, or move to a new state.