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Uncomfortable Estate Planning Questions You Need to Ask

  • By: Christopher Benson
  • Published: December 30, 2013
Chris at his office desk

Some questions that your estate planning attorney needs to know are obvious: assets, property, who gets what.

But some questions may be less obvious, even bordering on intrusive, if you don’t understand why they are being asked or what implication they can have on your plans for your estate.

Estate Planning Questions to Discuss

  • Have you had any serious or chronic health issues? These questions can help shape your estate planning by helping your advisor plan more accurately. Your estate will have different needs if you have urgent health concerns than if you are in excellent health.
  • When do you want the plug pulled? When you get ready to plan your estate, it’s the time to think about advance health directives, assigning a health care proxy and what quality of life really means to you, and under what circumstances it would be diminished in your case.
  • What if you all die in a common disaster? This helps plan for contingencies that may reach your beneficiaries, too. It may be of greater concern if your beneficiaries live in close proximity to you, or you vacation together frequently.
  • Have you ever signed a prenup, postnup, or community property agreement? These agreements from past relationships may not affect you now, but they could derail estate plans if they aren’t planned and accounted for in advance.
  • What digital accounts and assets should your plan cover? Keep an inventory of important accounts and discuss lawful access with your attorney. Use a secure password manager and a carefully planned emergency-access process rather than putting passwords or security answers in ordinary email or estate documents. Review each provider’s legacy-contact or disclosure tools. Knowing a password does not, by itself, establish legal authority to access an account. Sources: RCW 11.120.040; RCW 11.120.150.

Over the past 34 years, the Law Offices of Christopher A. Benson has helped clients with estate planning. Contact our Federal Way office for a free initial consultation to discuss your goals and planning options.

Related reading: Five Awkward Estate Planning Questions.

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