Most people put off estate planning because they think it’s only for the wealthy or because they simply don’t know where to start. The truth is, everyone with assets, minor children, or specific wishes about their medical care needs an estate plan. The difference between a plan that actually protects your family and one that creates chaos comes down to one thing: asking the right questions during your consultation.
When you sit down with an estate planning attorney, you’re not just gathering signatures on documents. You’re having a conversation that shapes what happens to everything you’ve worked for and who makes critical decisions about your health if you can’t. Without the right questions, you might end up with a generic plan that doesn’t address your unique situation, costs your family thousands in probate fees, or leaves your special needs child vulnerable.
We’ve helped thousands of families in Santa Clara County get this right, and we’ve also seen the aftermath when they didn’t. The families who feel confident about their estate plans are the ones who asked thoughtful questions upfront. This guide walks you through ten essential questions that will help you evaluate any estate planning attorney and make sure your plan truly works for your life. We have provided answers to many of these questions through free, “on demand” webinars that can be directed accessed at https://www.lawbob.com/webinars.
This is where most planning conversations should start. There’s no one-size-fits-all estate plan, but certain documents form the foundation for nearly everyone.
The essential documents typically include a will, advance health care directives, and financial powers of attorney. A will outlines who gets your property and who serves as guardian for minor children. Advance health care directives let you name someone to make medical decisions if you’re incapacitated. Financial powers of attorney give a trusted person authority to manage your financial matters.
Beyond these basics, many families benefit from a revocable living trust, which allows you to avoid probate, maintain privacy, and handle your affairs smoothly if you become unable to manage them yourself. If you own significant assets, have blended families, want to protect a child with special needs, or have specific wishes about pet care, you may need additional specialized documents.
A competent attorney should ask you detailed questions about your family structure, assets, and concerns before suggesting a package of documents. If someone immediately pushes one standard plan without learning about your situation, that’s a red flag. We always begin by understanding your priorities so we can recommend only what you actually need, not what generates the most fees.
What to do next: Write down your main concern. Is it avoiding probate? Protecting minor children? Planning for incapacity? Bring this to your consultation so your attorney can tailor their recommendations accordingly.
Probate is the court process that validates your will, settles your debts, and distributes your property. In California, it’s expensive, slow, and public. Court fees, attorney fees, and executor fees can easily consume five to ten percent of your estate’s value. The process typically takes nine months to over a year, tying up your family’s resources while they grieve and try to settle your affairs.
Ask your attorney specifically how they’ll structure your plan to avoid or minimize probate. The most common strategy is a revocable living trust, where you transfer ownership of most assets into the trust during your lifetime. When you pass away, those assets transfer to your beneficiaries outside of probate, directly and privately.
Other probate-avoidance tools include joint tenancy for certain assets, beneficiary designations on bank and investment accounts, transfer-on-death deeds, and payable-on-death provisions. The right combination depends on what you own and how you want to structure things.
California law allows some estates to use simplified probate procedures if the total value is below a certain threshold, but this only helps if your assets happen to fall under that limit. Don’t count on getting lucky. Instead, ask your attorney to walk you through a specific strategy tailored to your asset situation.
What to do next: Gather a list of everything you own: real estate, investment accounts, retirement accounts, business interests, and valuable personal property. This gives your attorney what they need to build an effective probate-avoidance strategy.
A revocable living trust is one of the most powerful tools in estate planning, but it’s not right for everyone. You should understand exactly what it is, how it works, and whether it makes sense for your specific circumstances.
Here’s the basic idea: You create a trust document that becomes the legal owner of your property. You act as the trustee (manager) of your own trust during your lifetime, so nothing really changes in day-to-day terms. If you become incapacitated, a successor trustee you’ve named steps in to manage your affairs. When you pass away, your successor trustee distributes everything according to your instructions, bypassing probate entirely.
The main advantages are probate avoidance, privacy, and continuity of management if you become unable to handle your finances. You maintain full control and can change or revoke the trust anytime. The main downside is that creating and funding a trust requires more work upfront than simply writing a will.
Revocable trusts are excellent for people who own real estate, have substantial assets, want to maintain privacy, have concerns about incapacity, or want a smooth transition for family members. If you have minimal assets all held in accounts with clear beneficiary designations, a trust may be unnecessary. The key is having an attorney explain both the benefits and the effort required so you can make an informed decision.
We recommend trusts for most Santa Clara County families because property values here are significant and probate is genuinely costly, but we’ll give you an honest assessment of whether it makes sense for you.
What to do next: Ask your attorney whether a trust would reduce your family’s stress and cost in your specific situation. Request a comparison of what probate would cost versus the upfront investment in a trust.
If you have a child, sibling, or other loved one with special needs, leaving money directly to them in a standard will or trust could disqualify them from essential government benefits like SSI or Medicaid. This is a heartbreaking mistake we see occasionally, and it’s completely preventable with the right planning.
A special needs trust (also called a supplemental needs trust) is designed specifically for this situation. Money held in the trust can pay for things that supplement, not replace, government benefits: therapy, education, recreation, vehicles, computers, and other quality-of-life expenses. The trust is managed by a trustee you appoint, not by the beneficiary, so the government doesn’t count those assets as belonging to them.
The structure of a special needs trust matters enormously. It needs specific language to avoid disqualifying your loved one from benefits. It needs a trustee who understands both the trust’s provisions and ongoing government benefit rules. Many families also use these trusts to leave instructions about care preferences, funding amounts, and how the trustee should approach decision-making.
This isn’t an area where you want a cookie-cutter document. Each special needs situation is different, and your plan should reflect your loved one’s specific needs, the benefits they currently receive, and your wishes about their quality of life.
What to do next: If you have a family member with special needs, ask your attorney specifically about special needs trust planning. Discuss whether the person is currently receiving SSI or Medicaid, and what their likely ongoing support will need to cover.
Your pets are family, but legally they’re property. Without planning, your beloved dog or cat could end up in a shelter or with someone unable to care for them properly. Pet trusts give you direct control over what happens to your animals after you’re gone.
California law allows you to set aside money in a pet trust to cover your pet’s care and name a specific person as caregiver. You can be detailed about your pet’s needs, preferences, dietary requirements, medical history, and personality quirks. The trust ensures the caregiver is motivated and funded to honor your wishes.
The key is identifying the right caregiver beforehand and discussing it with them. Most people assume a family member will take their pet, but that person may not be able to or may not want to. Some pets need specialized care. Having explicit arrangements prevents family conflict and ensures your pet actually gets the home you want them to have.
Some families name one person as the caregiver and a different person as the trustee who oversees funding and makes sure the caregiver is following the plan. This creates accountability and keeps everyone on the same page.
What to do next: Think about who would be the best home for each of your pets if something happened to you. Have a conversation with that person to confirm they’re willing and able. Then bring their name and contact information to your estate planning consultation.
A power of attorney is a document where you authorize someone to act on your behalf. You need two separate ones: a financial power of attorney and a healthcare power of attorney (advance directive).
The financial power of attorney lets your designated agent (sometimes called an attorney-in-fact) manage your bank accounts, pay bills, handle investments, and manage property if you’re unable to do so. You can make this effective immediately or set it to activate only if you become incapacitated. Most people choose the second option so the document sits dormant unless needed.
The healthcare power of attorney designates someone to make medical decisions if you can’t communicate your wishes. This person might need to decide about surgery, hospitalization, life support, or other critical medical choices. Your advance directive should also include your own preferences about end-of-life care so your agent understands what you actually want.
Choosing the right people matters more than most folks realize. Your agent needs to be trustworthy, available, and willing to make sometimes difficult decisions. They also need to be able to work with your family and medical providers. Some people name the same person for both roles; others split them if they have someone more financially savvy and someone more emotionally suited to healthcare decisions.
We always recommend having a conversation with your designated agents before making it official. They need to know they’re being counted on and understand the general scope of what you’re asking them to do.
What to do next: Identify who you want in each role. Talk to those people informally before your consultation, so you’re not putting your attorney in the position of coaching someone who hasn’t agreed to serve.
An irrevocable life insurance trust (ILIT) is a specialized trust that owns a life insurance policy. This structure keeps the life insurance proceeds out of your taxable estate, which can save your family significant taxes if your estate is large enough to trigger federal estate tax.
Here’s why this matters: Life insurance death benefits are usually income tax-free, but they’re included in your taxable estate for federal estate tax purposes. If your total estate exceeds the federal exemption threshold (which changes yearly but was over $13 million in 2026), estate taxes could consume a chunk of what you leave behind. An ILIT removes the insurance proceeds from your estate entirely, so they don’t count toward the tax calculation.
ILITs are complex, and they’re not right for everyone. If your estate is modest and won’t trigger federal taxes, an ILIT is unnecessary complexity. If you have substantial assets, own a business, or want to ensure maximum value passes to your heirs, an ILIT deserves serious discussion.
One thing to understand: an ILIT is irrevocable, meaning you can’t change your mind or get the policy back once it’s set up. This is an intentional feature (it’s part of what removes it from your estate), but it means you should be very sure before establishing one. You’ll also need to navigate annual gifts to the trust to pay premiums.
What to do next: Ask your attorney whether an ILIT makes sense based on your likely estate value. If your estate is close to the federal exemption limit, you may benefit from a consultation with a tax professional who can run the numbers.
Estate planning fees vary widely, and you deserve transparency about what you’re paying for and why. Ask your attorney to explain their fee structure clearly upfront.
Some attorneys charge flat fees for standard packages (will, trust, and powers of attorney). Others charge hourly rates. Some offer tiered packages based on complexity. There’s no inherently “right” approach, but you should understand which model applies to you and what’s included in that fee.
Beyond the fees themselves, ask about the process. How many meetings will you have? Will the attorney gather all your information in one consultation or multiple sessions? When do you get draft documents to review? How many rounds of revisions are included? How long does the whole process take?
Also ask about funding. If you’re getting a trust, will the attorney help you transfer assets into it, or is that your responsibility? Some attorneys include this; others charge separately. There’s a difference between getting a trust document and actually having a funded trust that works.
We believe in straightforward pricing and a clear process, which is why we walk clients through exactly what happens at each step and provide detailed fee information before you commit.
What to do next: Get fee quotes from multiple attorneys, but don’t choose solely on price. A cheap estate plan that doesn’t address your real concerns costs more in the long run. Compare what’s included, the attorney’s experience, and how confident you feel that they understand your situation.
Your life changes. You might get married, divorced, have children, receive an inheritance, buy property, start a business, or experience major health events. Each of these triggers a need to review your estate plan and make sure it still reflects your wishes and your current situation.
Generally, we recommend reviewing your plan every three to five years or whenever a significant life event occurs. Some changes require complete redrafts; others just need amendments. A divorce almost always means major revisions. Marriage might require updates to beneficiary designations and guardianship provisions. Moving to a different state could affect which documents you need.
Even if nothing major has changed, your plan should be reviewed periodically just to make sure it’s still relevant. Tax laws change. Your priorities shift. Sometimes people realize that the person they named as trustee or executor isn’t the right choice anymore, or that their asset situation is now different enough to warrant changes to the probate avoidance strategy.
Ask your attorney about their approach to long-term planning and whether they recommend a review schedule. Some firms send clients reminders when reviews are due; others leave it to the client. Some offer free or reduced-fee updates to existing clients. These details reflect how much the attorney cares about your ongoing relationship and the quality of your plan.
What to do next: Mark a date on your calendar to review your estate plan in three to five years, or immediately if you experience a major life change. Save your attorney’s contact information so you can reach out when it’s time.
We’re not just another law office offering generic estate planning templates. We’ve spent years working with Santa Clara County families, and we understand the specific challenges you face: significant property values, complex family situations, and the genuine need to protect what you’ve built.
When you work with us, you’re working with an attorney who listens first and recommends second. We ask detailed questions about your family, your assets, your concerns, and your vision for the future. We explain complicated concepts like revocable trusts, special needs planning, and tax strategies in plain English. We don’t push unnecessary complexity, but we also don’t oversimplify your situation to save ourselves work.
Our process is transparent and thorough. You’ll have clear fee information upfront, you’ll understand exactly what happens at each step, and you’ll get a plan that actually addresses your real concerns rather than a one-size-fits-all document. Whether you need a straightforward will and powers of attorney or a comprehensive trust-based plan with specialized provisions for your family, we tailor our approach to match your actual situation.
We also provide ongoing support. Your plan doesn’t end when you sign the documents. We’re here to answer questions, help with document funding, and guide you through updates when your life changes. We’re committed to the quality of your plan over time, not just the initial consultation.
What to do next: Schedule a consultation with attorney Bob Bergman to discuss your estate planning needs. Bring the questions from this guide and any documents related to your assets or family situation. We’ll give you honest, clear answers and a customized plan you can feel confident about.
Estate planning isn’t something you should avoid or rush through. It’s one of the most important investments you can make in your family’s security and peace of mind. The right plan protects your assets, avoids costly probate, ensures your wishes are honored, and gives your loved ones clear guidance when they need it most.
The questions in this guide will help you have a productive conversation with any estate planning attorney, but we’d love to be the ones to help you. We understand the Santa Clara County area, we know the specifics of California law, and we’re genuinely committed to creating plans that work for real families facing real situations.
Contact us today to schedule your consultation. We’ll walk you through your options, answer your questions, and build a comprehensive plan that protects everything you care about. Your family’s security is worth the investment.
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