What an Attorney Can't Do

Estate Planning for California Residents, Chapter 18
When my father died in 1990, I suddenly faced many problems. Foremost was my own grief over the loss of my father. But I also had to make the funeral arrangements. And I had to travel from my home in California to Tennessee (where he lived) and then to Wisconsin (where he was buried). Then I had to return to Tennessee to sort through my father's property, with very little time to make important decisions.

I found no will or other document to guide me in dividing my father's property, or in making funeral and burial arrangements.

My father also left some minor problems. Although he lived alone, his checking account still included the name of a former girlfriend; fortunately, she agreed to release any interest in the money. One of Dad's IRA beneficiary designation forms treated my brother and me differently, without explanation. And it took months to locate documents for my father's divorce, delaying certain benefits.

If my father had consulted in advance with a Tennessee attorney, he might have saved me some time and trouble. However, none of the problems I experienced would have been solved simply by preparing a will or creating a "living trust." They could have been avoided by broader "estate planning."

I provide each of my clients with a three-ring binder, containing many different sections. Some sections contain the documents I've prepared (wills, trusts, nomination of guardian, nomination of conservator, health care powers and instructions, beneficiary designations, deeds, and correspondence). Other sections contain documents I obtained from the client (financial statements, lists of property, insurance and pension information, and prior deeds).

But some sections of the binder are empty when I deliver it to the client and mark my file "completed." My clients must regularly review their estate-planning binder, adding information and making new decisions over time. My goal is to help clients document their decisions, and to provide a reminder of the decisions not yet made.

Estate planning is not simply a matter of preparing a will or a trust. Estate planning requires a careful review of all of your property and your family's situation, and it is a lifelong process that utilizes a variety of different tools. As an attorney, I can help with your estate planning work, but you are the "estate planner."

You must decide what to tell your family now, and what information to provide in written documents (or not at all). You must review your situation regularly and update your estate plan, recognizing that you, not your attorney, have the best understanding of your circumstances.

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