What Really Happens in a First Estate Planning Consultation?
Here’s a behind-the-scenes look at a real conversation with someone just like you (with personal details changed, of course). This is pretty much what we do during an initial consultation for someone who has never created a living trust before.
This specific client had a rather simple situation. He wasn’t married and had 3 adult kids. He owned his house (still had a mortgage), had about $300,000 in a retirement account, and about $75,000 in savings. He wanted things to be easy for his kids and didn’t want anything complicated. He went from knowing very little about living trusts when we sat down, to understanding exactly what he needed to do in one hour.
Client: What’s the best way to make sure my personal items and heirlooms go to the right people?
Me: You’ve got two good options. First, you can list out who gets what in your actual trust or will—this is great for high-value or sentimental items where there’s no room for misinterpretation. Second, you can leave more general instructions and let your kids sort it out themselves. That can work beautifully if they get along. But I’ll be honest—if they don’t, that route can turn into a real mess. (I’ve seen it turn into full-blown war.)
Client: Couldn’t I just write out a will by hand and skip all this?
Me: You could—Arizona does allow handwritten wills, called “holographic wills.” But the problem is that even if it’s valid, it has to go through probate court. That takes time and money. I’ve had a case where a simple will on a 3×5 notecard took 9 months and cost over $100,000 in legal fees to settle. A trust skips the court process entirely. It keeps your estate private, makes things simpler for your family, and avoids government interference. It’s drama prevention at its finest.
Client: What happens if I move out of Arizona after setting this up?
Me: Your trust will still be valid in all 50 states. It “travels” with you. But if you move permanently to another state—like Wisconsin, for example—I recommend having a local attorney review it. Each state has slightly different rules and tax laws, and an update might be needed to keep things simple and easy for your family.
Client: So what’s the actual process for getting this done?
Me: Pretty simple. We’ll meet a couple times—once to gather info and answer questions, then again to review and sign. You’ll get a list of decisions to make, but don’t stress if you don’t have everything figured out today. Our goal is to have your trust signed within 4 to 6 weeks. The package also includes documents like power of attorney, healthcare directives, and funding instructions.
Client: Do I need to have all my financial stuff ready first?
Me: Nope. You don’t need to have your accounts, balances, or beneficiaries listed just yet. We’ll walk through that as we go. I just need a general idea today so we can make sure this is the right plan for your situation.
Client: Okay, here’s what I’ve got: a home, some retirement accounts, and some savings. Is that enough to need a trust?
Me: 100%. You’re actually the ideal candidate. You’ve got a home with equity, retirement savings, no crazy assets—just enough to cause probate headaches if left unplanned. A trust will save your family a ton of stress and probably a lot of money, too.
Client: I’m thinking about retiring in January and I might move back home with family (another state). Does that affect anything?
Me: It’s great you’re thinking ahead. When you move, we’ll just make sure your new house gets titled in the trust’s name at closing. As long as you follow our instructions for how to handle things like bank accounts and deeds, everything will stay protected. We’ll even check in with you a few months after to help with any unfinished transfers.
Client: What happens with my mortgage or taxes if I put my house into the trust?
Me: Nothing changes. The mortgage stays the same, property taxes stay the same. We simply file a new deed that transfers ownership from you individually into your trust, and have your trust added to your homeowner’s policy. And if you buy a new house in Wisconsin, you just tell the title company to put it in the name of your trust at closing.
Client: What does the trust package include, and how much is it?
Me: The package you chose is a flat fee of $2,000. That includes your full trust, will, powers of attorney, health directives, instructions for transferring your assets, and written guides to help you make your decisions. You’ll get check-ins and support along the way, and if you want more attorney time for questions, that’s available too, for our consultation rates.
Client: I’m not great at paperwork. Can you guys help me do it?
Me: Absolutely, though it takes us more time so the cost is higher. If you’d rather we handle the nitty-gritty, we can. We’ll nudge you along the way—our team is good at making sure the ball keeps rolling. If you get stuck, just raise your hand and we’ll jump in.
Client: Can I just ask—what exactly do you do, and what does the financial side of your firm do?
Me: Great question. The legal team—this side—creates your estate plan and all your legal documents. The financial firm is a completely separate entity that some clients choose to work with for managing investments or retirement income. Legally, I have to tell you that if you ever decide to hire that side, we’d get paid for those services. But right now, you’re just working with the law firm. Plain and simple.
Client: Is everything we talk about private?
Me: 100%. Everything is confidential. And I ask for permission (which you gave) to help your power of attorney, and your successor trustee after you pass away if they reach out for guidance.
Client: How do I pick someone to be my trustee or power of attorney?
Me: It’s a big decision, so we give you a brochure that breaks it down further. My advice? Pick someone who’s trustworthy, not necessarily the oldest or most “traditional” person. You told me a story about how your dad’s pick ended up creating tension in the family—this is your chance to avoid that.
Client: What if I want your firm to be my trustee or executor?
Me: You can name us at no upfront cost. If we ever serve in that role, we charge only at the time that we have to start acting in that role. But we would handle everything: paying bills, closing accounts, and distributing assets. The big benefit? It takes pressure off your family and helps avoid them getting mad at each other after losing someone.
Client: What happens next?
Me: Here’s the plan:
- You’ll read these two brochures (about picking fiduciaries & naming beneficiaries) and fill out a short form with your family details.
- We’ll check in by phone in about 4–5 days to answer any questions about the form.
- Once you get your form back to us complete, we’ll schedule your Signing Appointment!
- We’ll check in with you a few weeks after you sign your new living trust to make sure you aren’t having trouble funding your accounts to your new trust.
- Let’s go up front to schedule that next phone call, finish your payment, and get you on your way!
Do you know what to do next?
This is what estate planning actually looks like: real questions, real solutions, and a plan that actually fits your life. If you’ve been thinking about this and just haven’t gotten around to it, maybe it’s time.
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