Estate Planning

Estate Planning Basics: 10 Decisions to Make Before You Draft a Will or Trust

Four professionals sit around a wooden table in a meeting, reviewing documents and taking notes with coffee cups nearby in a bright room,

Estate planning isn’t just for the wealthy. It’s for anyone who wants to make life easier for the people they love.

A basic plan can:

  • Make your wishes clear
  • Reduce confusion and conflict
  • Protect minor children
  • Help loved ones avoid unnecessary delays

This post covers 10 practical decisions to think through before you meet with an estate planning attorney.

1) Who should inherit (and in what shares)?

Start with a simple list:

  • Primary beneficiaries
  • Backup beneficiaries
  • Specific gifts (family heirlooms, sentimental items)

2) Who should handle your estate?

This is often called an executor or personal representative.

Choose someone who is:

  • Organized
  • Trustworthy
  • Willing to do the work

3) If you have minor children: who would be guardian?

This is one of the most important decisions.

Consider:

  • Values and parenting style
  • Location and stability
  • Willingness and capacity

It’s wise to talk with the person before naming them.

4) Do you need a trust, or is a will enough?

A trust can help in some situations, but it’s not one-size-fits-all.

Factors include:

  • Privacy concerns
  • Property in multiple states
  • Minor or special-needs beneficiaries
  • Desire for structured distributions

5) Who should manage money for beneficiaries?

If someone inherits at 18, will they be ready?

You can plan for:

  • Staged distributions (e.g., at 25/30/35)
  • A trustee to manage funds
  • Restrictions for certain purposes

6) What assets do you have (and how are they titled)?

Make a list:

  • Bank accounts
  • Retirement accounts
  • Life insurance
  • Real estate
  • Vehicles
  • Business interests

How assets are titled and who is named as beneficiary can change how they pass.

7) Who should make medical decisions if you can’t?

A healthcare directive can name someone to make medical decisions.

8) Who should handle finances if you can’t?

A financial power of attorney can allow someone to pay bills and manage accounts if you’re incapacitated.

9) What documents should your loved ones be able to find quickly?

Create a “life file” folder with:

  • Copies of estate planning documents
  • Insurance info
  • Account list (no passwords in plain text)
  • Key contacts

10) What are your biggest concerns?

Common concerns:

  • Avoiding family conflict
  • Protecting a child with special needs
  • Planning for a second marriage
  • Keeping things simple

Write down your priorities. It helps your attorney tailor the plan.

What to document before your appointment

Bring:

  • Full legal names and addresses of key people
  • Dates of birth for children
  • A basic asset list
  • Any prior wills/trusts
  • Questions you want answered

If you’re ready to put a plan in place, Ginsburg Law Group, PC can help you create clear, practical estate planning documents that fit your family’s needs. Contact us to schedule a consultation and we’ll tell you what information to gather so the process is as smooth as possible.

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