An Informed Lawyer is a Better Lawyer

This spring brought the usual sunny skies and gray days, but then heavy rain, floods, landslides and other disruptions that were not expected.  I remind myself, that like the weather, our expectations about our health, family and life are constantly changing, often causing unplanned disruptions. Which is why we must look at the tools and people around us and begin to assess what’s most important. It’s time to plan for life’s unexpected interruptions and review your current life plan to see if it will work for you as your life evolves and sometimes moves unexpectedly.

The more information you prepare for the meeting with your lawyer, the better. By providing information about your family members or those you most rely upon, the more your personal legal documents will become a tool for you when needed. It’s not just your physical and financial assets that matter but the family members that you entrust them to.

Do you have documents naming children or family members who will care for you if you become sick, incapacitated or injured? Do you have a will, trust or property in joint tenancy? Do you have a Durable Power of Attorney for healthcare and assets?  When your attorney interviewed you to prepare your estate planning documents, were you fully candid about your family members? Did you go into detail about them? Thinking through these sorts of scenarios is important because your attorney must be prepared to ensure your children follow your wishes.

I’ve had several situations where I wished a trustor had explained how difficult one of their children would be. Do you have children who do not get along with one another? Or will one of your children be upset or angry that you did not leave them in charge of the family estate? Keep in mind that disagreements waste time and money and intra-family conflicts end up in the court system.

If possible, work out familial issues best you can before your appointment, definitely alert your lawyer to any family animosity that may exist and even talk with your lawyer about resolutions to potential problems that could arise. You know your family members much better than your attorney, and only you can provide those important details.

Make sure to inform your attorney about each of your children, including those who have thrived and those who have struggled. A successful child may harbor resentment towards a sibling who has received more assistance from you, which can complicate matters. Your assets should be utilized to support you during your time of need, so set both yourself and your attorney up for success by sharing this important information.

If you have been diagnosed with Alzheimer’s or Early-Onset Alzheimer’s, it may be too late to start organizing your documents. In that case, your only recourse for asset management is the Los Angeles Superior Court Probate Division, so it’s vital to be proactive and make your appointment now.