Estate planning is one of the most important things you can do for your family — and one of the most commonly postponed. Whether you are just starting the process or updating an existing plan, arriving at your first meeting with a Bay Area estate planning attorney well-prepared will save time, reduce costs, and help you get the most out of the consultation.
This checklist covers everything you should gather and think through before meeting with an estate planning attorney in the San Francisco Bay Area.
Personal Information to Gather
- Full legal names, dates of birth, and Social Security numbers for you and your spouse or domestic partner
- Names, dates of birth, and relationships of all children — including stepchildren and children from prior relationships
- Names and contact information for anyone you are considering as executor, trustee, or guardian
- Names and contact information for alternate or successor nominees for each role
- Names and contact information for your accountant, financial advisor, and any other key advisors
Asset Inventory
Your attorney needs a clear picture of what you own — and how it is titled — to create an effective estate plan. Gather information on:
- Real estate: Address, approximate value, how title is held (sole owner, joint tenancy, community property), mortgage balance
- Bank and investment accounts: Institution names, approximate balances, whether accounts have named beneficiaries or payable-on-death designations
- Retirement accounts: 401(k), IRA, 403(b) — account balances and current beneficiary designations
- Life insurance: Policy face values, current beneficiary designations, whether policy is individually owned or held in a trust
- Business interests: Sole proprietorships, partnerships, LLCs, corporations — ownership percentage and approximate value
- Vehicles, jewelry, artwork, collectibles: Approximate values for significant items
- Digital assets: Online accounts, cryptocurrency, digital businesses
Liabilities
- Mortgage balances on all real estate
- Outstanding loans (auto, personal, student)
- Credit card balances
- Any personal guarantees or co-signed obligations
Existing Estate Planning Documents to Bring
If you have any existing documents, bring copies:
- Existing will or living trust
- Durable power of attorney
- Advance healthcare directive or POLST form
- Any trust amendments or codicils
- Prior estate planning attorney correspondence
Questions to Think Through Before Your Meeting
Your attorney will guide you through these decisions, but thinking about them in advance helps the conversation go faster and deeper:
Who should manage your affairs if you become incapacitated? Who do you trust to handle your finances and make healthcare decisions if you cannot? This person (your agent under a power of attorney and healthcare directive) needs to be trustworthy, organized, and available.
Who should receive your assets, and in what proportions? Should everything go to your spouse first, then equally to your children? Are there specific gifts you want to make to individuals or charities?
Should any inheritance be held in trust? If your beneficiaries include minor children, young adults, or individuals with financial challenges, a trust can protect the inheritance from being spent too quickly or lost to creditors.
Who should raise your minor children if something happens to both parents? Naming a guardian is one of the most important things parents can do. Think through who shares your values and would be able and willing to take on this responsibility.
Do you want to avoid probate? A revocable living trust is the most common way Californians avoid probate. If you own real estate in California, avoiding probate is usually worth the modest cost of a trust-based plan.
Do you have any special circumstances? Beneficiaries with disabilities (requiring a special needs trust), blended family situations, prior marriages, significant charitable goals, or business succession needs all affect the plan design.
California-Specific Considerations
A few California-specific points your attorney will address:
- Community property: California is a community property state. Assets acquired during marriage are generally owned 50/50 regardless of who earned them, with important tax implications for estate planning.
- Proposition 19: California’s 2021 property tax reassessment rules significantly changed the tax treatment of inherited real estate. Your estate plan should address these rules if you own real estate.
- Probate threshold: California probate is required for estates with assets over $184,500 (as of 2023) held in the deceased’s name alone. A living trust avoids this.
Schedule Your Estate Planning Consultation
Harrington Law P.C. provides comprehensive estate planning services for Bay Area and Sonoma County families, including wills, revocable living trusts, powers of attorney, and healthcare directives. Amy Harrington has guided Bay Area families through the estate planning process since 2005.
Call 415-558-7700 or schedule a consultation here.
This article is for general informational purposes only and does not constitute legal advice. Laws change — confirm current thresholds and rules with your attorney.