It is not possible to have an effective consultation over the phone. Estate planning deals with important issues like family dynamics, who will receive all your money, and who has the power to control your personal care and your money if you become disabled. Unfortunately, there is a risk of abuse or duress when it comes to money and control within a family. I need face-to-face conversations with my clients in order to be sure I understand their situation, to be sure they understand what we are doing, and to be sure they are expressing their own wishes.

If your spouse wants me to prepare an estate plan for him/her, then yes, he/she has to come to the meeting. I cannot prepare an estate plan for a person without meeting face-to-face with him or her. If you want me to prepare an estate plan just for you, and you want my duty of confidentiality to exclude your spouse, then come by yourself.

First, a court must confirm that the will is valid and that it is actually the last will and not an earlier will. Then, certain people must be given the opportunity to object to the will. Also, all of the deceased person’s financial affairs must be finalized before the assets can be distributed. There might be claims against the estate, such as unpaid bills or debts, that affect what beneficiaries receive. The executor must identify and pay outstanding bills and debts, collect debts owed to the deceased, and might need to finalize a contract, or close or sell a business.

You could, but the risk is you don’t know what you don’t know. The value I provide my clients is in my counseling, which combines my knowledge, experience, and judgement. In a sense, the documents are free; it’s the counseling you pay for.

That is your decision. Most of the time, you do not need a lawyer to be there with you, for two reasons. First, in mediation, the parties are trying to work together to solve their conflict, not trying to convince a judge or arbitrator of their point of view. Second, the rules in mediation are few and easy to understand. That said, if you need a lawyer with you to feel comfortable, then you can bring one.