Most people walk into an estate planning meeting prepared to answer questions. Their attorney asks about assets, family members, and beneficiaries. They fill out an intake form. They answer what they’re asked.

That’s fine. But it’s not the whole conversation.

The questions you bring to the table matter just as much as the ones your attorney asks you. And in our experience, most people don’t know what to ask. Not because they aren’t smart or engaged, but because nobody told them what the important questions actually are.

So here they are. These are the questions to ask an estate planning attorney that most people don’t think to raise, and the ones whose answers will tell you a lot about whether you’re working with the right firm.

Will You Actually Help Me Keep This Plan Updated?

This is the most important question on the list, and almost nobody asks it.

An estate plan that was well-designed ten years ago may have significant gaps today. Your assets have changed. Your family situation may have changed. Laws have changed. And the trust or will that made perfect sense when you signed it may not reflect your life anymore.

Most estate planning firms draft documents and move on. You get your binder, you shake hands, and you don’t hear from them again unless you call. Years go by. Life changes. The plan doesn’t.

Ask your attorney directly, what does the ongoing relationship look like after the documents are signed? If the answer is vague, that’s worth knowing. At Jacobs Law Group, ongoing review is built into how we work. We call it Dynamic Planning, and it’s the reason our clients don’t end up with estate plans that stopped reflecting their lives years ago.

Is My Plan Actually Funded?

This one trips up a surprising number of people who already have estate plans.

A trust that holds no assets does nothing. Funding a trust means retitling your property, your home, your bank accounts, your investment accounts, into the name of the trust. It means making sure beneficiary designations on your retirement accounts and life insurance policies are up to date and consistent with your overall plan.

We regularly see clients come in with a trust document they signed years ago and assets that were never transferred into it. The document is fine. But because the funding was never completed, or was completed once and then drifted as new assets were acquired, the plan doesn’t actually work the way they think it does.

Ask your attorney to walk you through your funding status specifically. Not in general terms. Account by account, property by property. If they can’t do that, or if they’ve never asked you to bring that information in, the answer may not be good.

What Happens To My Business If Something Happens To Me?

If you own a business, this question belongs at the top of your list. And yet it rarely comes up in estate planning conversations unless the client raises it.

Your business interest is likely one of your largest assets. It affects your partners or co-owners. It affects your employees. It affects whoever might eventually buy it. And without a plan, what happens to it at your death or incapacity can be chaotic.

Does your business have a buy-sell agreement? Does it address what happens if an owner dies or becomes incapacitated? Does your estate plan coordinate with that agreement, or do they conflict? Is there a succession plan in place? Is the person you’d want to take over actually prepared to do that?

These questions sit at the intersection of estate planning and business planning, which is exactly where the most important work often happens for business owners. You can read more about how we approach this at our Dynamic Corporate Planning page.

Are My Beneficiary Designations Consistent With My Plan?

Beneficiary designations override your will. Full stop.

Whatever your will says about who gets your IRA, your 401(k), or your life insurance policy, the beneficiary designation on file with the account or insurance company wins. If that designation names a former spouse, a parent who predeceased you, or simply hasn’t been updated since you opened the account fifteen years ago, your carefully drafted will is irrelevant to those assets.

Ask your attorney to review your beneficiary designations as part of your estate plan, not as a separate afterthought. They should be looking at your retirement accounts, your life insurance, your annuities, and any transfer-on-death or payable-on-death designations on bank and brokerage accounts. All of it needs to be consistent and current.

What Are The Risks Specific To My Situation?

Generic estate planning produces generic results. The families and business owners who end up with plans that actually work are the ones whose attorneys took the time to understand what makes their situation different.

Maybe you have a child with special needs whose inheritance has to be structured carefully to preserve their eligibility for government benefits. Maybe you own real estate in multiple states. Maybe you have a blended family with children from a prior relationship. Maybe you’re a business owner with a partner who has very different ideas about what happens to the business after you’re gone.

None of these situations are unusual. But each of them requires specific planning that a standard document package won’t address. Ask your attorney what risks they see in your situation that you might not have thought of yet. If they can’t answer that specifically, keep looking.

How Will You Communicate With Me When Laws Change?

Estate planning law changes. The federal estate tax exemption currently adjusts annually. States revise their probate statutes. Court decisions shift how certain trust structures are interpreted.

Your plan was designed based on the laws that existed when you signed it. When those laws change in ways that affect your plan, you should hear about it from your attorney, not read about it in a news article and wonder whether you need to do something.

Ask how the firm handles that. Do they monitor legislative changes that affect their clients? Do they reach out proactively when something changes that’s relevant to your plan? Or do they wait for you to call?

It’s a reasonable question, and the answer tells you something real about how the firm operates.

What Questions Should I Be Asking That I Haven’t Thought To Ask Yet?

This one sounds simple, but it’s genuinely one of the most useful things you can ask any advisor.

A good estate planning attorney has seen a lot of situations. They know where plans tend to break down. They know the questions clients wish they had asked sooner. And if they’re the kind of attorney worth working with, they’ll tell you.

We built our practice around listening first and planning second. We don’t assume we already know what matters most to you. We ask. And then we plan around the answers.

If you’re ready to have that kind of conversation, we’re ready to have it with you. You can learn more about our approach on our How It Works page or reach out directly to schedule a consultation.

Frequently Asked Questions About Estate Planning Consultations

How often should I update my estate plan?
At a minimum, you should review your estate plan after any major life event — marriage, divorce, the birth of a child, a significant change in assets, the death of a beneficiary or named executor, or a move to a different state. Beyond that, a general review every three to five years is a reasonable baseline. That said, the better approach is an ongoing relationship with your attorney so that changes get addressed as they happen rather than after the fact.
What happens if I die without an estate plan in Georgia?
If you die without a will or trust, Georgia’s intestacy laws determine who gets your assets. The distribution follows a fixed legal formula that may not reflect your wishes at all. Your estate will also go through probate, which takes time and is a matter of public record. If you have minor children and no named guardian, a court will decide who raises them. None of those outcomes are inevitable with even basic planning in place.
What is the difference between a power of attorney and a healthcare directive?
A financial power of attorney authorizes someone to manage your financial affairs if you become incapacitated. A healthcare directive, sometimes called a living will or advance directive, sets out your wishes for medical treatment and end-of-life care. A healthcare proxy or medical power of attorney names someone to make healthcare decisions on your behalf. These are separate documents that serve separate purposes, and most adults benefit from having all of them.
Do I need an estate plan if I am not wealthy?
Yes. Estate planning is not about the size of your estate. It is about making sure your wishes are followed, your family is protected, and the people you love don’t have to navigate a court process at an already difficult time. A basic plan that includes a will, powers of attorney, healthcare directives, and updated beneficiary designations is valuable regardless of your net worth. The complexity of the plan scales with your assets, but the need for a plan does not.
Will my estate have to pay estate taxes?
Most estates do not owe federal estate tax. As of 2026, the federal estate tax exemption is $15 million per individual. But that exemption is subject to Congressional acts, which means high-net-worth families should be paying attention now. Georgia does not have a separate state estate tax. If your estate could be affected by the federal exemption change, an estate planning attorney can help you evaluate your options before the deadline.
Can my estate plan address what happens to my business?
It should. If you own a business, your estate plan needs to address what happens to your ownership interest when you die or become incapacitated. That may involve a buy-sell agreement, a succession plan, a trust that holds your business interest, or some combination of all three. A business owner without a plan for their ownership interest is leaving one of their most valuable assets without clear direction, which can create serious problems for both their family and their business partners.
What questions should I bring to my first meeting with an estate planning attorney?
Come ready to talk about who you want to make decisions for you if you become incapacitated, who you want to inherit your assets, any beneficiaries with special circumstances like minor children or someone with a disability, and what you own across all categories, including real estate, accounts, business interests, and life insurance. Also think about what you are worried about specifically. The best estate planning conversations start with your concerns, not a checklist.

Legal Disclaimer

This article is for general informational purposes only and does not constitute legal advice regarding estate planning or any other legal matter. Reading this content does not create an attorney-client relationship with Jacobs Law Group. Every person’s situation is different, and the right estate plan depends on your individual circumstances, assets, and goals. Please consult a qualified estate planning attorney before making any decisions about your estate plan.