Questions to Ask Lawyer About Wills
Questions for a meeting with a lawyer about making or updating a will, covering what a will does and does not control, choosing an executor and guardians, probate, taxes, the documents that go alongside it, and cost.
The questions
Open any question for the note
Given what I own and where I live, do I need a will, a trust, or both?
Why ask it
The answer usually turns on whether you own property in more than one state, whether you want the estate kept private, and how burdensome probate is where you live. A lawyer who recommends a trust before asking what you own is working from a template.
What does a will not control?
Why ask it
Retirement accounts, life insurance, and jointly held property normally pass by their own designations, whatever the will says. This is the single most common way a carefully drafted will produces an unintended result.
Who should I name as executor, and what will that person actually have to do?
Why ask it
The job is administrative and slow: inventories, notices, tax filings, dealing with beneficiaries who disagree. Ask how many months of work it typically involves, then consider whether the person you had in mind can face that.
What happens if my executor cannot or will not act when the time comes?
Why ask it
People die out of order, fall ill, or decline the role. Naming a substitute costs nothing now and avoids a court appointing someone your family would not have chosen.
If my children are still young, who raises them and who manages the money, and should those be the same person?
Why ask it
Guardianship of a child and control of their inheritance can be separated, and often should be, because the person best at raising a child is not always the person you would trust with the money. Ask how the two roles would work together.
How do I leave money to a young adult without handing it all over at eighteen?
Why ask it
Staged distributions or a trust with an age or purpose attached are ordinary and inexpensive to set up. Without them, an inheritance is typically payable in full at the age of majority.
One of my beneficiaries receives disability benefits. How do I leave them something without affecting that?
Why ask it
A direct gift can disqualify someone from means-tested benefits, sometimes for years. This has a well-established solution, so a lawyer who does not recognize the issue immediately is not the right one for your situation.
What happens to my house, and does it pass through the will at all?
Why ask it
How the deed is held often decides this before the will is read. Ask what happens if there is a mortgage, and whether a person you want to leave it to could actually afford to keep it.
How should I deal with belongings that more than one person will want?
Why ask it
Long-running family disputes are more often about objects than money. Ask whether your state allows a separate personal property list that can be changed without redoing the will, and whether naming a decider for ties is wise.
What would probate look like for my estate: how long, how much, and is it public?
Why ask it
Timelines and costs vary greatly by state, and in most places the filed will becomes a public record. If either the delay or the disclosure matters to you, that is the argument for structuring things differently.
How likely is a challenge from someone I am leaving out, and what reduces that risk?
Why ask it
Ask about the mechanics: who has standing to contest, whether an explanation in the document helps or invites argument, and how a no-contest clause is treated locally. Spouses in particular often have rights a will cannot simply override.
Are there taxes my estate or my beneficiaries would face?
Why ask it
Some states impose estate or inheritance tax at thresholds well below the federal one, and inherited retirement accounts carry their own rules for the person receiving them. Ask which of these actually apply to you rather than in general.
What documents should I sign alongside the will?
Why ask it
A will only operates after death. A financial power of attorney and a healthcare directive cover the period when you are alive and unable to act, which is the gap families most often discover too late.
Who should make medical decisions for me if I cannot, and how do I record what I want?
Why ask it
Naming a person matters more than listing every scenario, because the situations that arise are rarely the ones anticipated. Ask what form your state recognizes and who needs a copy: the named person, your doctor, the hospital.
What are the signing rules here, and can I do it at home?
Why ask it
Requirements for witnesses, their independence, and notarization are strict, and a will signed incorrectly can fail entirely. Ask whether your state accepts electronic or remote signing, since the rules changed recently in some places.
Where should the signed original be kept, and who needs to know?
Why ask it
A will nobody can find is close to no will at all, and safe deposit boxes are often sealed at death. Ask whether the firm holds originals, and make sure your executor knows the location and has the contact details.
How should I handle online accounts, photographs, and passwords?
Why ask it
Access is governed by each provider's terms and by state digital asset law, so a list of passwords is not a legal authority. Ask what wording gives your executor the right to deal with accounts, and store the list separately.
If I move to another state, or own property abroad, what changes?
Why ask it
A valid will is generally still valid after a move, but the surrounding rules on spousal shares, taxes, and administration are not. Foreign property may need a document in that country, and this is worth raising before you buy.
When should this be reviewed, and what changes make it urgent?
Why ask it
Marriage, divorce, a birth, a death among your beneficiaries, a move to another state, or selling a major asset are the events that most often break an existing plan. Ask what they consider urgent rather than routine.
What will this cost, and what should I expect to pay later for changes?
Why ask it
Ask whether it is a flat fee, what is included, and what a small amendment costs afterward. Some firms bundle updates for a period, and some charge nearly the original fee for a one-line change.
Preparing to make a will
Practical guidance for the conversation itself
Before the appointment
- 1List what you own and roughly what it is worth: property, accounts, retirement plans, insurance, vehicles, business interests, debts.
- 2For each account and policy, check who is currently named as beneficiary. These often date back years and control more than the will does.
- 3Write down how property is held: sole name, joint with someone, or with a survivorship right.
- 4Decide who you would name as executor, as guardian if you have young children, and as substitutes for each, and ask them first.
- 5Note anything you expect to be difficult: an estranged relative, a second marriage, a child who needs more help than the others, a business with a partner.
Telling your family
- Tell the executor that you have named them, where the original is kept, and who the lawyer is. Surprise appointments cause delay at the worst moment.
- Explaining an uneven division while you are alive is usually easier than leaving the explanation to a document. It also gives people time to absorb it.
- You do not have to disclose amounts to disclose structure. Saying that one child is trustee and another receives their share in stages avoids most misunderstandings.
- Keep the healthcare directive with the people who would use it: your named decision maker, your doctor, and a family member, not only in a file at home.
- Revisit the conversation after any major family change rather than assuming the earlier one still stands.
Common mistakes
- Leaving beneficiary designations unchanged after a divorce or a death, so the will and the accounts point in different directions.
- Naming a minor as a direct beneficiary of an account or policy, which forces a court process to manage the money.
- Storing the only original somewhere the executor cannot access promptly.
- Making handwritten changes on a signed will. Depending on the state this can invalidate part or all of it.
- Treating the will as finished. Most plans need a look every few years and a proper revision after any large life change.