Estate Planning Questions Guide

1. Understanding My Goals

Before selecting documents or financial arrangements, clarify what you want your plan to accomplish.

• ☐Who are the people I most want to protect?
• ☐What financial responsibilities would continue if I died unexpectedly?
• ☐Who currently depends on my income, care, housing, or support?
• ☐What property, traditions, values, or family responsibilities do I want to preserve?
• ☐Do I want my assets distributed immediately or managed over time?
• ☐Do I have charitable, educational, religious, or community goals?
• ☐Do I want to preserve a family home, business, land, or cultural property?
• ☐What would a successful legacy plan look like to me?
• ☐What concerns keep me from beginning or completing my plan?

My Main Estate-Planning Goals

2. Questions About My Family

• ☐Am I married, divorced, separated, remarried, widowed, or in an unmarried partnership?
• ☐Do I have children from more than one relationship?
• ☐Do I have stepchildren whom I intend to include?
• ☐Are any family members financially dependent on me?
• ☐Do I support parents, siblings, grandchildren, or extended relatives?
• ☐Are any intended beneficiaries estranged from me?
• ☐Could any family member challenge my plan?
• ☐Are there unresolved promises or expectations about money or property?
• ☐Are there cultural or customary expectations that may differ from legal ownership?
• ☐Does anyone need housing, caregiving, financial management, or long-term support?
• ☐Are there family circumstances that should remain confidential?

Family Circumstances to Discuss With a Professional

3. Questions About My Will

• ☐Do I currently have a valid will?
• ☐When was it prepared?
• ☐Was it signed, witnessed, and notarized according to applicable law?
• ☐Does it reflect my current family relationships?
• ☐Does it name the people or organizations I currently want to benefit?
• ☐Have I selected an executor or personal representative?
• ☐Have I named a backup executor?
• ☐Does my executor know they were selected?
• ☐Does my will address minor children?
• ☐Does it address personal and sentimental property?
• ☐Does it contain outdated names, property, or instructions?
• ☐Do I know where the original signed will is stored?
• ☐Could a later marriage, divorce, birth, death, or relocation affect it?

Questions for My Attorney About My Will

4. Questions About Trusts

• ☐Do my circumstances justify considering a trust?
• ☐What goal would the trust serve?
• ☐Would it help manage assets during incapacity?
• ☐Would it provide structured support for beneficiaries?
• ☐Would it help with property located in more than one state?
• ☐Is privacy an important concern?
• ☐Do I have minor, vulnerable, or financially inexperienced beneficiaries?
• ☐Do I own a business or difficult-to-manage property?
• ☐What type of trust may be appropriate?
• ☐Would the trust be revocable or irrevocable?
• ☐What control would I retain?
• ☐What control would I give up?
• ☐What taxes, costs, administration, and reporting would be involved?
• ☐Who would serve as trustee?
• ☐Who would serve as successor trustee?
• ☐Have intended assets been properly transferred into the trust?
• ☐How will newly acquired property be coordinated with it?
• ☐Would I still need a will?

Trust Questions Requiring Professional Guidance

5. Questions About My Executor or Trustee

• ☐Is the person trustworthy?
• ☐Is the person organized?
• ☐Can they manage deadlines, records, bills, and professional communication?
• ☐Are they willing to serve?
• ☐Do they live close enough to manage practical responsibilities?
• ☐Can they handle conflict among beneficiaries?
• ☐Do they understand that the role involves legal duties?
• ☐Are they financially responsible?
• ☐Could they have a conflict of interest?
• ☐Should a professional or corporate fiduciary be considered?
• ☐Should co-executors or co-trustees serve together?
• ☐Would requiring joint action cause unnecessary delay?
• ☐Have I named qualified backups?
• ☐Should the representative receive compensation?
• ☐Does my plan allow them to hire legal, tax, accounting, and investment professionals?

6. Questions About Beneficiary Designations

Review every account directly with the employer, plan administrator, financial institution, or insurance company.

• ☐Which assets currently have beneficiary designations?
• ☐Who is listed as the primary beneficiary on each account?
• ☐Have I named contingent beneficiaries?
• ☐Do the percentages total 100%?
• ☐Are any named beneficiaries deceased?
• ☐Is a former spouse or partner still listed?
• ☐Have marriage, divorce, births, deaths, or family changes been addressed?
• ☐Do my beneficiary forms agree with my will and trust?
• ☐Have I reviewed accounts from former employers?
• ☐Have I named minor children directly?
• ☐Does a beneficiary have a disability or receive needs-based assistance?
• ☐Is a trust named correctly?
• ☐Have I considered what happens if a beneficiary dies before me?
• ☐Do spousal-consent rules apply?
• ☐Have I confirmed that each institution accepted my latest form?
• ☐Do I have proof of the current designations?

Beneficiary Designations That Need Review

7. Questions About Incapacity

Estate planning should address what happens if you are alive but unable to act or communicate independently.

• ☐Who would manage my finances if I could not?
• ☐Who would make healthcare decisions for me?
• ☐Should the same person serve in both roles?
• ☐Do I have a durable financial power of attorney?
• ☐When does the authority become effective?
• ☐Is it immediate or activated by incapacity?
• ☐How would incapacity be determined?
• ☐Does the document grant more authority than I intend?
• ☐Should certain powers be restricted?
• ☐Should another person receive financial reports?
• ☐Have I named successor agents?
• ☐Do my financial institutions recognize the document?
• ☐Do government agencies require separate authorizations?
• ☐Can the person managing my finances locate bills, income records, insurance, and property information?

Incapacity Planning Concerns

8. Questions About Healthcare Directives

• ☐Do I have a healthcare power of attorney or healthcare proxy?
• ☐Have I selected someone who can remain calm during a medical emergency?
• ☐Does the person understand my values?
• ☐Have I discussed my preferences with them?
• ☐Have I named a backup healthcare agent?
• ☐Do I have a living will or advance directive?
• ☐Have I addressed life-sustaining treatment preferences?
• ☐Have I considered resuscitation, ventilation, artificial nutrition, dialysis, surgery, and comfort care?
• ☐Have I documented religious, spiritual, or cultural preferences?
• ☐Do I have a medical-information or HIPAA authorization?
• ☐Have appropriate healthcare professionals received copies?
• ☐Does my family know who has formal decision-making authority?
• ☐Are my documents valid in my current state?
• ☐Should my documents be reviewed after a diagnosis or major health change?

Healthcare Wishes I Need to Discuss

9. Questions About Minor Children

• ☐Who would I want to care for my children?
• ☐Has the proposed guardian agreed to serve?
• ☐Have I named a backup guardian?
• ☐Can the guardian realistically care for the children?
• ☐Would the children need to relocate?
• ☐How would housing, education, healthcare, and daily expenses be supported?
• ☐Who should manage money for the children?
• ☐Should the guardian and financial trustee be different people?
• ☐At what ages or milestones should children receive inherited assets?
• ☐Should distributions support education, healthcare, housing, or entrepreneurship?
• ☐Have I addressed children from previous relationships?
• ☐Have I addressed stepchildren or dependents who may not inherit automatically?
• ☐Are important information and routines documented for the children?

Planning Priorities for My Children

10. Questions About a Beneficiary With a Disability

• ☐Does any beneficiary receive needs-based government assistance?
• ☐Could an outright inheritance affect eligibility?
• ☐Would the beneficiary be able to manage inherited property independently?
• ☐Is protection from exploitation needed?
• ☐Would a special-needs or supplemental-needs trust be appropriate?
• ☐Who would serve as trustee?
• ☐Does the trustee understand the beneficiary's needs?
• ☐What housing, healthcare, transportation, advocacy, and support needs should be considered?
• ☐Do other family members understand that their gifts and beneficiary designations may need coordination?
• ☐Should a specialized estate-planning or benefits attorney be consulted?

Specialized Planning Needed

11. Questions About Real Estate

• ☐What real estate do I own?
• ☐How is each property legally titled?
• ☐Is any property jointly owned?
• ☐Does the ownership include survivorship rights?
• ☐Is property held in a trust?
• ☐Are there mortgages, liens, unpaid taxes, or other obligations?
• ☐Who should receive each property?
• ☐Should the property be sold, retained, rented, or transferred?
• ☐Can the intended beneficiary afford insurance, taxes, repairs, and maintenance?
• ☐Will several beneficiaries own the property together?
• ☐How will disagreements about use, sale, or maintenance be resolved?
• ☐Should one beneficiary have the option to purchase the others' interests?
• ☐Is the property located in another state?
• ☐Is property located in another country?
• ☐Are ancestral, cultural, agricultural, or family-land issues involved?
• ☐Could another jurisdiction require separate legal proceedings?

Real Estate Requiring Special Attention

12. Questions About Joint Ownership

• ☐Do I understand the legal form of joint ownership?
• ☐Would the surviving owner automatically receive the property?
• ☐Does adding someone as joint owner give them rights during my lifetime?
• ☐Could their creditors, divorce, bankruptcy, or legal problems affect the property?
• ☐Could joint ownership create an unequal inheritance?
• ☐Could it create gift-tax or income-tax consequences?
• ☐Am I using joint ownership merely for convenience?
• ☐Would a power of attorney, trust, or other arrangement better accomplish my goal?
• ☐Have I obtained legal and tax advice before adding someone to a deed or account?

Jointly Owned Property to Review

13. Questions About Debts and Estate Expenses

• ☐What debts do I currently owe?
• ☐Are any debts jointly owed?
• ☐Have I co-signed for anyone?
• ☐Have I personally guaranteed a business obligation?
• ☐Are mortgages, vehicle loans, credit cards, and personal loans documented?
• ☐Are tax obligations current?
• ☐Is enough cash available for immediate expenses?
• ☐Would property have to be sold quickly to pay obligations?
• ☐How would funeral, legal, tax, accounting, and property-maintenance costs be paid?
• ☐Are family members incorrectly assuming they will personally inherit my debts?
• ☐Does life insurance or another source provide needed liquidity?

Debts and Expenses That Need Planning

14. Questions About Taxes

• ☐Could my estate be subject to federal or state estate tax?
• ☐Does my state impose an estate or inheritance tax?
• ☐Could a lifetime gift require a gift-tax return?
• ☐Have I considered the tax basis of property I may give during life?
• ☐Would inherited and gifted property receive different tax treatment?
• ☐How would retirement-account distributions be taxed to beneficiaries?
• ☐Could naming a trust as retirement-account beneficiary create tax consequences?
• ☐Could charitable giving support my goals?
• ☐Are taxes influencing my decisions more than my actual family and legacy needs?
• ☐Should a tax attorney, CPA, or other qualified tax professional review the plan?

Tax Questions for My Professional Team

15. Questions About Retirement Accounts

• ☐Which retirement accounts do I own?
• ☐Are any accounts held with former employers?
• ☐Who is the current beneficiary on each account?
• ☐Do special spousal rights apply?
• ☐Have I named contingent beneficiaries?
• ☐Would a trust, estate, individual, or charity be an appropriate beneficiary?
• ☐Do I understand that inherited-account rules may vary by beneficiary category?
• ☐Could beneficiary choices affect taxes and distribution timing?
• ☐Do my retirement-account designations agree with my estate plan?
• ☐Have I considered required minimum distributions and charitable planning?
• ☐Has a qualified tax or retirement professional reviewed complex designations?

Retirement Accounts Requiring Review

16. Questions About Life Insurance

• ☐What life-insurance policies do I own?
• ☐Are any policies provided through an employer?
• ☐Who owns each policy?
• ☐Who is insured?
• ☐Who are the primary and contingent beneficiaries?
• ☐Is the amount of coverage still appropriate?
• ☐Is the policy intended to replace income, pay debts, fund education, support a business, or create a legacy?
• ☐Will the policy remain in force if premiums increase?
• ☐Does the beneficiary designation coordinate with my will or trust?
• ☐Is a minor named directly?
• ☐Should a trust be considered?
• ☐Could policy ownership affect estate-tax treatment?
• ☐Does the insurer have current contact information?
• ☐Do my representatives know the policy exists?

Insurance Questions to Address

17. Questions About My Business

• ☐Who can manage the business if I become incapacitated?
• ☐Who should inherit the ownership interest?
• ☐Who is qualified and willing to lead?
• ☐Should the business continue, be sold, or be closed?
• ☐Do governing documents restrict ownership transfers?
• ☐Does a buy-sell agreement exist?
• ☐How would the business be valued?
• ☐Is funding available to purchase an owner's interest?
• ☐Are insurance policies intended to support succession?
• ☐Who has access to payroll, banking, contracts, passwords, and operating systems?
• ☐Are licenses or professional requirements involved?
• ☐How will active and inactive heirs be treated?
• ☐Are business and personal assets properly separated?
• ☐Have employees, clients, vendors, and key partners been considered?
• ☐Is the succession plan documented beyond verbal expectations?

Business-Succession Questions

18. Questions About Digital Assets

• ☐What digital accounts and property do I own?
• ☐Do I own websites, domains, online businesses, or monetized content?
• ☐Do I own cryptocurrency or digital-wallet assets?
• ☐Are important photographs, videos, records, or intellectual property stored online?
• ☐Who should manage digital property?
• ☐Which accounts should be preserved, transferred, memorialized, or deleted?
• ☐Have I activated platform-specific legacy settings?
• ☐Do my legal documents authorize digital access where permitted?
• ☐Is there a secure inventory of accounts?
• ☐Are passwords and authentication instructions stored safely?
• ☐Does the authorized person know how to access the secure system?
• ☐Have I avoided placing passwords in a publicly filed will?

Digital Assets Needing Attention

19. Questions About Personal and Sentimental Property

• ☐Which personal items carry emotional, cultural, religious, or historical value?
• ☐Has anyone expressed interest in a particular item?
• ☐Are there heirlooms that should remain within the family?
• ☐Are family photographs, letters, recipes, and records organized?
• ☐Have I addressed jewelry, artwork, collections, or valuable property?
• ☐Are my instructions legally recognized under state law?
• ☐Is a personal-property memorandum appropriate?
• ☐What happens if more than one person wants the same item?
• ☐Should any property be donated?
• ☐Have I explained the history or meaning of important items?

Items Requiring Specific Instructions

20. Questions About Charitable Giving

• ☐Which causes or organizations do I want to support?
• ☐Have I confirmed each organization's legal name?
• ☐Is the organization eligible to receive tax-deductible contributions?
• ☐Should I give during life, at death, or both?
• ☐Should the gift be a dollar amount, percentage, asset, or beneficiary designation?
• ☐Should the gift be restricted to a particular purpose?
• ☐Can the organization accept the intended property?
• ☐What happens if the organization closes or changes its mission?
• ☐Would a retirement account, life-insurance policy, will, trust, donor-advised fund, or qualified charitable distribution support the goal?
• ☐Does the charitable plan protect my own financial security?
• ☐Have family responsibilities been considered?
• ☐Does my family understand the reason behind a significant charitable gift?

My Charitable-Legacy Questions

21. Questions About Funeral and Final Wishes

• ☐Do I prefer burial or cremation?
• ☐Do religious or cultural traditions matter?
• ☐Is there a preferred funeral home, cemetery, or place of burial?
• ☐Should my body or remains be transported to another state or country?
• ☐Are funds available for final expenses?
• ☐Have arrangements been prepaid?
• ☐Who has authority to make final arrangements?
• ☐Have I documented organ-donation wishes?
• ☐Are there preferences for music, speakers, readings, clothing, or memorial donations?
• ☐Does my family know which wishes are essential and which are flexible?
• ☐Are contracts, insurance, and burial documents accessible?

My Final-Arrangement Priorities

22. Questions About Family Communication

• ☐Who needs to know that an estate plan exists?
• ☐Do my representatives know they were selected?
• ☐Have I explained the purpose behind the plan?
• ☐Does my family understand that asset values may change?
• ☐Have I avoided promising guaranteed inheritance amounts?
• ☐Have I discussed shared property or business expectations?
• ☐Have I explained any unequal or structured distributions appropriately?
• ☐Have I protected confidential information about individual beneficiaries?
• ☐Does my healthcare agent understand my wishes?
• ☐Does my financial agent understand recordkeeping and accountability?
• ☐Would a family meeting be helpful?
• ☐Would an attorney, mediator, counselor, faith leader, or adviser help facilitate the conversation?
• ☐What information should remain private?

Family Conversations Still Needed

23. Questions About Document Storage

• ☐Where is the original will stored?
• ☐Where are the trust documents?
• ☐Where are powers of attorney and healthcare directives?
• ☐Can the appropriate representatives access them during an emergency?
• ☐Are secure electronic copies available?
• ☐Are outdated documents clearly separated?
• ☐Do healthcare professionals have appropriate copies?
• ☐Do financial institutions need copies of authorization documents?
• ☐Is the asset inventory secure but accessible?
• ☐Are sensitive numbers and passwords properly protected?
• ☐Does someone know how to contact my attorney, accountant, financial professional, and insurance professional?

24. Questions to Ask an Estate-Planning Attorney

Bring these questions to your consultation:

• ☐Which documents are appropriate for my family and assets?
• ☐Is my current will valid and sufficient?
• ☐Would a trust be useful, and what specific goal would it serve?
• ☐How should my assets be titled?
• ☐Which assets will pass through probate?
• ☐Which assets pass through beneficiaries, joint ownership, or contracts?
• ☐How should I plan for incapacity?
• ☐Are my financial and healthcare powers broad enough—or too broad?
• ☐How should I protect minor children?
• ☐Does a beneficiary require special-needs planning?
• ☐How should I address a blended family?
• ☐How should property in another state or country be handled?
• ☐How should business interests be coordinated?
• ☐How should digital assets be addressed?
• ☐Are my beneficiary forms consistent with the plan?
• ☐How should personal and sentimental property be documented?
• ☐What tax issues require specialist review?
• ☐How should documents be stored?
• ☐How often should the plan be reviewed?
• ☐What actions must be completed after signing the documents?

Attorney's Recommendations

25. Questions to Ask a Tax Professional

• ☐Could federal or state estate taxes apply?
• ☐Could lifetime gifts require reporting?
• ☐What are the tax consequences of gifting appreciated property?
• ☐How does inherited-property basis differ from gifted-property basis?
• ☐How may retirement accounts be taxed to beneficiaries?
• ☐What tax issues arise if a trust is named as beneficiary?
• ☐Could charitable giving support my goals?
• ☐What records should my executor maintain?
• ☐What tax returns may be required after death?
• ☐How should business, rental, or international property be handled?

Tax Follow-Up Needed

26. Questions to Ask a Financial Professional

• ☐Am I financially prepared to make lifetime gifts?
• ☐Will my own retirement and healthcare needs remain protected?
• ☐Is my estate overly dependent on one property, business, or investment?
• ☐Is sufficient liquidity available for debts and administration?
• ☐Are my investment accounts titled appropriately?
• ☐Do beneficiary designations reflect my intentions?
• ☐How should inherited assets be managed for different beneficiaries?
• ☐Does my insurance support my legacy goals?
• ☐How may inflation and longevity affect the plan?
• ☐How often should the financial and estate plans be reviewed together?

Financial Planning Follow-Up

27. Questions to Ask an Insurance Professional

• ☐What coverage do I currently have?
• ☐What purpose does each policy serve?
• ☐Are the beneficiaries current?
• ☐Is employer-provided coverage sufficient?
• ☐Can I afford the policy long term?
• ☐Could premiums or policy performance change?
• ☐Should a trust or individual receive the proceeds?
• ☐Is ownership structured appropriately?
• ☐Does the coverage support debts, dependents, education, business, or legacy goals?
• ☐Are there policy loans, surrender charges, exclusions, or guarantees I should understand?

Insurance Follow-Up

Executor or Trustee

• ☐Are you willing to serve?
• ☐Do you understand the responsibilities?
• ☐Are you comfortable working with professionals?
• ☐Can you manage records and family communication?
• ☐Do you know where the documents are stored?
• ☐Is there anything that may prevent you from serving?

Financial Agent

• ☐Are you willing to manage my finances if needed?
• ☐Can you keep complete records?
• ☐Can you separate my money from your own?
• ☐Will you follow my instructions even under family pressure?
• ☐Do you understand the limits of your authority?

Healthcare Agent

• ☐Are you willing to make difficult healthcare decisions?
• ☐Do you understand my values?
• ☐Will you follow my wishes even when they differ from your own?
• ☐Can you communicate with healthcare professionals and family members?
• ☐Do you know where my healthcare documents are stored?

Representative Conversations Completed

• ☐Executor
• ☐Trustee
• ☐Financial agent
• ☐Healthcare agent
• ☐Guardian nominee
• ☐Business successor
• ☐Backup representatives

Within the Next 7 Days

• ☐Locate current documents
• ☐Begin an asset inventory
• ☐Review current beneficiaries
• ☐Contact a selected representative
• ☐Schedule a professional appointment

Other: ______________________________________________________________

Within the Next 30 Days

• ☐Meet with an estate-planning attorney
• ☐Review financial and insurance accounts
• ☐Complete healthcare planning conversations
• ☐Organize property and debt records
• ☐Address missing beneficiary forms

Other: ______________________________________________________________

Within the Next 90 Days

• ☐Sign or update documents
• ☐Transfer or coordinate assets with a trust
• ☐Confirm beneficiary changes
• ☐Hold a family legacy conversation
• ☐Store documents securely
• ☐Schedule the next review

Other: ______________________________________________________________