Getting organized before you speak with a lawyer can save time and help you make confident decisions about your estate plan. The checklist below walks you through what to gather, what to think about, and how to take the next step. It is written in plain English for individuals and families who want a practical path forward.
Estate planning laws and documents vary by state. Use this checklist to prepare, and plan to review the specifics of your situation with a lawyer licensed in your state.
What This Estate Planning Checklist Covers (and How to Use It)
This checklist is designed to help you prepare for a productive first call or meeting. Work through it section by section:
- Collect basic information and documents.
- Think through key decision-maker roles and distribution choices.
- Learn about common estate planning documents so you can discuss options.
- Coordinate accounts, beneficiaries, and property so everything works together.
- Schedule next steps and understand what to expect.
You do not need every answer or document before contacting a firm. Partial information is fine. The goal is to help you get organized and move forward.
Information to Gather Before Your First Call
Having a clear picture of your family, property, and goals makes the first conversation more productive. Gather what you can from the list below:
- Personal details: Full legal names, prior names, dates of birth, and contact information for you, your spouse/partner, and children or other dependents.
- Family snapshot: Marital status; prior marriages; names and ages of children, stepchildren, or other dependents; any special needs or support considerations.
- Real estate: Addresses and estimated values of your home, vacation property, rental property, and any out-of-state real estate. Note how each property is titled (sole, joint, entity).
- Bank and investment accounts: Checking, savings, CDs, brokerage accounts, mutual funds, and crypto or other digital assets. Include where the account is held, approximate balances, and current beneficiary designations if any.
- Retirement assets: 401(k), 403(b), IRA, pension, or other plans. List plan types, custodians, approximate balances, and beneficiary designations.
- Life and disability insurance: Policy types, coverage amounts, policy numbers, and named beneficiaries.
- Business interests: Ownership in a corporation, LLC, partnership, or sole proprietorship; operating agreements; buy-sell arrangements; and successor plans.
- Debts and obligations: Mortgages, HELOCs, credit cards, personal loans, business loans, and any guarantees you have signed.
- Personal property: High-value items (vehicles, jewelry, art, collectibles) and any items with strong sentimental value you may want to leave to specific people.
- Existing legal documents: Prior wills, trusts, powers of attorney, healthcare directives, prenuptial or postnuptial agreements, or court orders affecting property or guardianship.
- Professional contacts: Names and contact information for your financial advisor, accountant/CPA, and insurance agent.
- Digital footprint: A list of key online accounts, subscription services, cloud storage, and social media profiles to consider in your plan.
Do not delay planning because a few documents are missing. Bring what you have and make a list of open items.
Key Decisions to Consider Now
Estate planning is about people and priorities. Thinking about the following choices helps ensure your plan reflects what matters to you.
Who will make decisions if you cannot?
- Financial agent (power of attorney): Someone you trust to handle bills, accounts, and property if you are unable to do so.
- Healthcare agent: The person authorized to make medical decisions if you cannot communicate your wishes.
- Personal representative/executor: The person who will settle your estate under your will.
- Trustee (if you use a trust): The person or institution that will manage trust assets. Consider initial and successor choices.
Choose backups for each role. Select people who are organized, dependable, and able to communicate well with your beneficiaries.
How should your property be distributed?
- Beneficiaries: Identify who should receive your property and in what proportions.
- Specific gifts: Decide if certain people should receive particular items or dollar amounts.
- Timing: Consider whether gifts should be held in trust until a beneficiary reaches a target age or milestone.
- Charitable giving: Note any charities or causes you want to include in your plan.
- Blended families: Think through how to balance support for a spouse or partner with inheritances for children from a prior relationship.
Who will care for minor children or dependents?
- Guardian for minors: Name primary and alternate choices and discuss with them ahead of time if possible.
- Special needs planning: If a beneficiary receives or may receive needs-based benefits, discuss options to preserve eligibility while providing support.
Your preferences for medical care and end-of-life matters
- Treatment preferences: Consider your values regarding life-sustaining treatment, pain management, and quality of life.
- Organ and tissue donation: State your wishes.
- Final arrangements: Burial, cremation, or other directions, and any preferences regarding services.
Practical planning details
- Access to information: Where important documents and passwords will be kept and who will have access.
- Successor planning: If your first choice for any role cannot serve, who steps in next.
- Communication: How much to share with family and when to share it.
Core Documents to Discuss with a Lawyer
The right set of documents depends on your goals, family, assets, and state law. These are common tools to discuss during your consultation:
- Last Will and Testament: States where your property should go at death, names your personal representative/executor, appoints a guardian for minor children, and can create testamentary trusts. A will typically goes through a court-supervised process called probate, which follows state-specific rules.
- Revocable Living Trust: A flexible planning document that can hold property during your lifetime, provide instructions if you become incapacitated, and distribute property at death. It can streamline administration and provide ongoing management for beneficiaries. Properly titling assets to the trust is essential for it to work as intended.
- Financial Power of Attorney: Authorizes an agent to act on your behalf for financial and property matters if you become unable to do so. The scope and timing of authority vary by state and by the document's terms.
- Healthcare Directive and Healthcare Power of Attorney: Allows you to name a healthcare agent and express your treatment preferences so providers and loved ones understand your wishes.
- HIPAA Authorization: Permits designated individuals to access your protected health information for care coordination.
- Beneficiary Designations: Retirement accounts and life insurance typically pass by beneficiary designation, not by your will or trust. Keeping designations aligned with your plan is critical.
- Letter of Instruction: A nonbinding guide for your loved ones covering practical matters such as contacts, passwords, subscriptions, and personal wishes.
- Dispositional Directions: Documents that state your preferences regarding funeral or memorial arrangements and the disposition of remains. The form and effect vary by state.
If you have questions about which documents fit your needs, reach out. You can use our contact form to request a consultation, or call 414-253-8500 to discuss next steps. We can help you match your goals with a plan that is tailored to your situation.
Coordinating Beneficiaries, Accounts, and Property
A strong estate plan works across every account and asset, not just the documents you sign. Review these coordination points to reduce conflicts and avoid surprises.
Beneficiary designations
- Retirement plans: Confirm primary and contingent beneficiaries on your 401(k), 403(b), and IRAs. Consider how designations interact with your will or trust and any tax implications. State and federal rules can affect available options.
- Life insurance: Align life insurance beneficiaries with your overall plan. If minor children are beneficiaries, consider whether a trust should receive proceeds for their benefit.
- Payable-on-death/transfer-on-death designations: Many banks and brokerages allow you to list beneficiaries for accounts. Ensure these designations are intentional and consistent with your plan.
Account titling and joint ownership
- Joint accounts: Joint ownership can provide convenience but may create unintended inheritances or creditor exposure. Review each joint account to confirm the structure fits your goals.
- Trust ownership: If you use a revocable living trust, consider retitling eligible assets into the trust or naming the trust as beneficiary where appropriate so the plan functions as designed.
- Real estate: Deed options and transfer methods differ by state. Discuss how your home and other properties should be titled to coordinate with your plan.
Business and personal property
- Business succession: Confirm your operating or shareholder agreements and estate plan are consistent about who can own or manage the business if you are unable to do so or after your death.
- Personal items: Make a list of specific items and intended recipients. Some states permit a separate written list referenced in the will; requirements vary, so discuss the details during your consultation.
Cash flow for loved ones
- Short-term access: Consider how a spouse or dependents will access funds for immediate needs. Align beneficiary designations, trust terms, and account titling to avoid gaps.
- Long-term support: If ongoing management is important, a trust can provide structure and continuity. Discuss options that fit your family's needs and your state's laws.
Next Steps: Scheduling, What to Expect, and How to Get Started
Here is a straightforward path from preparation to a completed plan:
- 1. Schedule a consultation: Use our contact form to request a consultation, or call 414-2538500 to speak with our team. We will confirm a time and share what to bring.
- 2. Complete a brief questionnaire: This helps organize your information and identify priorities in advance.
- 3. Meet to discuss goals and options: We will review your family, assets, and preferences; explain document choices; and outline a plan that fits your situation and state law.
- 4. Review drafts: You will have time to review drafts, ask questions, and make adjustments so the documents reflect your decisions.
- 5. Sign with proper formalities: Signing requirements vary by state and by document. We will guide the process so your documents are executed correctly.
- 6. Implement and coordinate: We provide instructions for retitling accounts, updating beneficiary designations, and organizing your records so everything works together.
- 7. Maintain and update: Plan to review your documents after major life events (marriage, divorce, birth, death, move to another state) and periodically to keep everything current.
When you are ready to move forward, contact us to schedule your consultation. Use the contact form or call 414-253-8500 to take the next step and put a clear plan in place.
Common Questions
What should I bring to my first estate planning meeting?
Bring a government-issued ID, a list of family members and their contact information, any existing estate planning documents, account and policy summaries (or recent statements), property deeds if available, and notes about your goals and concerns. If you do not have everything handy, bring what you can. A simple written inventory and a list of questions is a great start.
How do a will and a revocable living trust differ?
A will states who receives your property at death and appoints a personal representative/executor and, if needed, a guardian for minor children. A will typically goes through a court process that follows your state's rules. A revocable living trust is a separate legal arrangement you control during your lifetime. You can transfer assets to the trust and provide instructions for management during incapacity and after death. Whether a trust makes sense depends on your goals, the types of assets you own, and your state's laws.
How often should an estate plan be reviewed or updated?
Review your plan after major life events such as marriage, divorce, the birth or adoption of a child, a significant change in assets, a move to another state, or the death or incapacity of a key decision-maker or beneficiary. In addition, consider a periodic check-in even without major changes to confirm beneficiary designations, account titling, and documents remain aligned with your goals.
Can I use online forms for my estate plan?
Generic forms may not reflect your state's requirements or your personal situation. Mistakes in signing formalities, beneficiary coordination, or trust funding can lead to delays, added costs, or unintended results. A lawyer can help you select the right documents and ensure they are tailored and properly executed under your state's laws.
What happens if I do nothing and don't create an estate plan?
If you do not create a plan, state law generally determines who receives your property and who can make decisions if you are unable to do so. The default rules may not match your wishes, may not provide for nonrelatives or charities, and may not address management for minors or beneficiaries who need support. Planning allows you to choose decision-makers, express your preferences, and coordinate your accounts and property.
This material is for general informational purposes only and is not legal advice. Laws vary by state and your situation may require different or additional steps. No attorney-client relationship is formed by reading this page or contacting the firm. Please consult with a licensed attorney about your specific circumstances.
Attorney advertising. This page is for general informational purposes only and is not legal advice. Reading this page or contacting the firm does not create an attorney-client relationship.