Should I bring my children to my Estate Planning consultation when I meet with an Attorney?

January 27, 2023

When it comes to estate planning, one question that often comes up is whether or not to bring your children to the consultation. The answer to this question is not a simple one, as there are many factors to consider.

First and foremost, if your children are a part of your estate plan, it makes sense for them to know as much about the plan as you do. This way, they can provide you with feedback and ask any questions they may have. If you do decide to bring your children to the consultation, it's important to also have them watch our estate planning workshop beforehand. This way, they can understand the basics of estate planning and come prepared with any questions they may have.

One major risk is that bringing your children to the consultation may break the protection of attorney-client privilege. This means that anything discussed or imagined to be said during the consultation could potentially be used against your child in the future if someone were to later sue or attack the integrity of your estate. It's important to weigh the pros and cons of having your children present during the consultation.

Another thing to consider is the perception of other family members. If you limit the consultation to only you and your spouse, it can prevent the perception that those who attended may have had undue influence over the estate plan, even if that is not the case.

A better way to include everyone in the estate planning process is to have your attorney conduct a family meeting. During this meeting, the attorney can educate everyone about the estate plan so that all family members can better understand their role to play and what they should do in the event of an emergency. This way, nobody is caught off guard and everyone is aware of the plan.

In conclusion, whether or not to bring your children to the estate planning consultation is a personal decision that should be based on the specific circumstances of your family. It's important to consider the role of your children in the estate plan, the potential impact on attorney-client privilege, and the perception of other family members. A family meeting with an attorney may be a better way to include everyone in the estate planning process and prevent any confusion or misunderstandings.

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