Question: I just have a couple of questions for the lawyer. Why do you need to know so much information?

Answer: We want your free, initial consultation with the attorney to be as fruitful as possible. For the attorney to fully advise you, they need to understand your family dynamics, the health of you and your family members, and what assets you have and how they may be titled. All of this information can make a difference in the recommended plan for you.

Question: Why do you need to know so much about my children? Does it really matter if they’re disabled? Why is their occupation important?

Answer: All of this information can be important in an estate plan or even Medicaid planning. It can tell us who may be a good candidate to serve as your power of attorney or trustee. It may also tell us if perhaps a special needs trust might be needed. We promise to keep all this information confidential as part of our potential representation.

Question: What if I don’t know the answers to the questions? Should I just leave it blank?

Answer: It’s fine to leave a question blank if you cannot find out the answer, but please try to fill out all the information you possibly can. If not, the attorney will have to use some of your consultation time for that, which may limit what they can do for you or result in less thorough advice.

Question: Some of these questions don’t seem to apply to me. You’re asking about Medicaid and nursing homes, and I just want a will.

Answer: While it may seem like the questions don’t apply, please answer if you can. It’s fine to say “N/A” if it’s truly not applicable to you or your situation.

Question: Okay, I get why you need my kids’ names, but I feel like my financial information is none of your business, and I really don’t feel comfortable sharing. Can I just leave all that blank?

Answer: While you are always permitted to keep whatever information you wish private, the attorney will be very limited in what they can advise you if they don’t have a good picture of how many assets you have, how those assets are titled, and your beneficiary designations. Beneficiary designations can alter an estate plan, as they will prevail over any language or bequests made in a will or trust. The assets that you have may result in taxation for your heirs, but there may be tools to avoid that taxation if we know what type of account you have. In addition, we can only advise if long-term care asset preservation planning is needed or appropriate if we know how many assets you have and what type. For example, in Kentucky, IRA accounts are not at risk for Medicaid purposes. Knowing which accounts you have that are IRAs can make a difference in whether we would recommend an asset preservation trust or not. That being said, if you do not share the information, we will give you a very general overview of the law during your free, initial consultation, but you would be charged for any subsequent appointment to discuss your particular situation.

Question: I can’t get this paperwork to print at home. What can I do?

Answer: You are fine to fill it out by hand and bring it with you, or you can arrive 30 minutes early for your appointment at the office, and we can provide you with a conference room to work on filling out the paperwork.

Question: Is there a charge if I miss my appointment?

Answer: If you notify us at least 24 hours in advance or in the event of an emergency, there is no charge for rescheduling. If you don’t show up and don’t notify us, however, and later wish to reschedule, there would be a charge at our then-prevailing hourly rate.

Question: Why can’t you tell me now how much the fees will be for the work I want done?

Answer: Each case is unique, and we want to ensure that you receive the appropriate documents or plan tailored to your specific situation. At the conclusion of the intake, the attorney will determine what, if any, work is recommended and will quote you the flat fee associated with that work.

FOR PROBATE ONLY
Question: My parents are already clients here, why do I need to fill out this intake sheet? You already have all this information.

Answer: Things change. The assets your parents had when they originally did their estate planning may not be the assets they have now. In addition, information such as Social Security numbers are needed to open an estate and obtain a tax ID number. We do not keep this information in our file. We need to know what assets are passing outside of probate in case inheritance taxes may be due and we always need updated address and phone number for any potential heir. Thanks for understanding!