Your first estate planning consultation sets the tone for a relationship that could span years and affect millions in assets. Knowing what to expect—and what to bring—helps you make the most of it and assess whether the attorney is right for your situation. Let's walk through what actually happens in that room.
Before You Walk In
Most estate planning attorneys require you to complete an intake form or questionnaire ahead of your appointment. This typically asks for your current estate, family structure, any existing will or trust documents, and your goals (minimize taxes, protect minor children, avoid probate, etc.). Don't just guess—pull together accurate information. An attorney charging $300–$500 per hour won't bill you for time correcting rough estimates you provide in week two.
Bring your most recent documents: any existing wills, trusts, powers of attorney, or beneficiary designations. If you own a business, rental property, or have significant retirement accounts, gather recent statements or ownership records. The attorney needs these to understand what you actually own and what's currently in place.
The Consultation Itself
The attorney will start by learning about your family and financial picture. Expect questions about:
- Net worth and asset types (home, investments, retirement accounts, business interests)
- Your beneficiaries (spouse, children, grandchildren, charitable interests)
- Any blended family complications (previous marriages, unequal inheritances you want to create)
- Health or dependency concerns (children with special needs, aging parents you support)
- Your risk tolerance (how much do you care about privacy vs. simplicity?)
This isn't interrogation—it's discovery. A thorough attorney will ask follow-up questions that might feel oddly specific. That's the sign of someone doing the work right.
What They'll Explain to You
Your attorney should outline the key vehicles available for your situation:
- Revocable living trust: Avoids probate, maintains privacy, easier management if you become incapacitated. Typically costs $1,500–$3,000 for a couple.
- Simple will with financial power of attorney and healthcare directive: Cheaper ($400–$800) but your estate goes through probate.
- Irrevocable life insurance trust (ILIT): Removes life insurance proceeds from your taxable estate; useful for larger estates.
- Charitable giving vehicles: Donor-advised funds, charitable remainder trusts, or outright bequests if philanthropy is a priority.
The attorney should explain why each option does or doesn't fit your goals—not just list them. Red flag: if they recommend the most expensive option without clearly explaining the tax or probate consequences you'd face otherwise.
Tax and Probate Planning
In 2024, the federal estate tax exemption sits around $13.6 million per person (dropping to ~$7 million in 2026 unless Congress acts). If your estate is under that threshold, federal estate taxes probably aren't your main concern—probate fees and state taxes might be. The attorney should quantify this for your state. Massachusetts probate fees, for example, run 0.8–1.6% of estate value; California charges nothing but probate takes longer.
They'll also discuss income tax planning for your heirs. Roth conversions, step-up basis on inherited assets, and timing of distributions can save thousands over your beneficiaries' lifetimes.
Timeline and Next Steps
A typical single-person estate plan takes 2–4 weeks from consultation to signing. A couple's plan (requiring coordination of two separate documents) might take 3–6 weeks. The attorney should give you a clear timeline and cost estimate. If they say "we'll bill you $5,000 to $15,000, we'll let you know," that's vague—push for a tighter range or fixed fee.
Before you leave, confirm what happens next: Will they send you a draft? When? Can you request changes? How many revision rounds are included in their fee?
How to Know It's a Good Fit
You should feel that the attorney listened to your specific situation, not sold you a template. Ask how they'll keep your plan updated—do they offer annual reviews? What happens if your financial situation changes significantly? Mercoly helps you compare and find trusted estate planning attorneys in one place, so you can review multiple consultations before committing.
Frequently Asked Questions
Q: How much should my first consultation cost? Initial consultations typically run $150–$400 and last 45–60 minutes; many attorneys offer this free or apply the fee toward your final plan.
Q: Can I use an online legal service instead of hiring an attorney? Online services ($500–$1,500) work for very simple estates with no complications; they can't provide tax planning or handle contested situations, so they're risky for most people.
Q: What happens to my plan after I sign? The attorney files executed copies with your financial institutions and keeps originals in a safe place; you should review and update your plan every 3–5 years or after major life changes.
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