DQOTD: does my lawyer need bank account numbers

badatmath

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Back to the estate planning process I keep getting sidetracked off of - does my lawyer actually need my bank account numbers in order to make a will? Besides the obvious privacy thing, I can tell you absolutely my assets are likely to change and I don't intend to call and pay him more money each time.

I would think total assets and liabilities and beneficiaries are far more important. All my accounts are POD/TOD anyway. It is just my literal brain cannot grasp this form when I have not even met him yet.

I guess I expect to settle a small estate someday without the assistance of a lawyer and don't see why this would be much different. I plan to keep an updated list in my computer so that the future executor can actually find it.
 
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Not that I'm aware of. We had a lawyer prepared will and a Nolo will more recently and neither time was bank information needed. S/he doesn't even need to know your assets to prepare a will.. I do recall that with my parents trust thee was an exhibit of their assets at the time but I don't recall any account numbers.
 
I am feeling like its an odd set of questions but what do I know. I spent a lot of time thinking of contingent executor/POA and living will and stuff so I feel like I have most of the "hard" answers. I am not rich and have no kids etc so it should be far more simple than they all seem to want to make it.
 
Depending on the composition of your assets you can do a lot with beneficiary designations if avoiding probate is your main objective.
 
All my accounts have the TOD/POD except for the house. But really my main objective is to get POA and living will more than anything.
 
I think you can do a POA and living will with Willmaker.

And Arizona has beneficiary deeds for property.
 
Yeah I don't see why this is so difficult for me to grasp. I guess they just want to make as much as possible but its pretty high fees for a low amount of work IMO. I asked first one for will + poa + benef and was told I needed a trust but not given a reason I could comprehend and this next one wants a lot of odd stuff IMO. I may cancel him.
 
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OP - Maybe you are just anxious thinking this is complex or something. Perhaps reading example Wills would help.

I'm suggesting that you read this a few times to see like the Wills I've seen, it does the following:
  1. Id's you.
  2. revokes previous Wills.
  3. Authorizes a person to pay the expenses (executor)..
  4. Identifies that person
  5. Says to give away property to: person1, person2, person3 (or just 1 if you want).
  6. Then a bunch of housekeeping clauses that are pretty standard.
  7. Your signature
  8. Witnesses signature.
  9. Affidavit.

https://eforms.com/download/2016/03/arizona-last-will-and-testament-template.pdf
 
Sunset, thank you. I think I am being a bit ridiculous but it read to me like an attempt to sell me that i have more complicated life and thus should spend more money on him to solve it for me with trusts and things and really . . . why. This is 18 pages of stuff btw, its not like here is my executor contact info and the beneficiary info. Of course I have that ready to hand over.
 
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This might help? https://www.avvo.com/legal-answers/do-i-need-to-provide-ssn-bank-account-numbers-for--2353535.html Evidently not required, but it can be helpful/necessary for the estate attorney to do the work thoroughly. I don’t remember if our estate attorney asked for account numbers, I don’t think so, but he wanted to know exactly where all our assets were. I assume it’s to make sure the executor knows where to find everything, not every decedent leaves good records behind and the attorney has no way to know for sure. Remember the attorney may have to answer to the executor…
 
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I wondered about this when we had our estate plan done. I'm guessing that estate lawyers find that some of their clients under- or over-estimate their assets and/or they can provide a list for their heir(s), even if it's out of date it might still help. And they're probably looking for special cases, like unusual assets that would be restricted or might (legitimately) require more legal work.
 
Some good points. I suppose I will go talk to him anyway. He states his advice will be based on the value of my estate which puts me off.

I think it should be based on my goals and any legal obligations I have to fill, not how many $ are in the bank. (Nowhere near wealthy here, there is not going to be estate tax and all that).
 
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Some good points. I suppose I will go talk to him anyway. He states his advice will be based on the value of my estate which puts me off.

I think that's legitimate but if you don't trust your lawyer you could just get another one.
 
Yeah I haven't met him yet, appointment is upcoming. I was thinking of cancelling but it is hard to connect to 18 pages of forms so maybe not fair to judge.
 
Some good points. I suppose I will go talk to him anyway. He states his advice will be based on the value of my estate which puts me off.

I think it should be based on my goals and any legal obligations I have to fill, not how many $ are in the bank. (Nowhere near wealthy here, there is not going to be estate tax and all that).
What are your main objectives? Avoid probate? From what you've wrote it sounds pretty straightforward.
 
Get POAs and living will. Could care less about probate its going to charity. However, I do not wish to unduly inconvenience my executors so would consider spending a little extra if it would help them. My executors are out of state as well. I have no debts and nothing unusual in assets.
* To clarify there will be 1 executor but I listed 2 backups.
 
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Some estate attorneys think everyone needs a revocable living trust (RLT). Not everyone does.

Some estate attorneys offer to transfer assets from you into the RLT as part of their services. Partly for the fee income, but also partly because some people may not want to do it, may forget or delay, or may not do it correctly.

In order to transfer those assets into the RLT, they would need the asset information, including the account number. They would also probably need a limited power of attorney - authorization to act on your behalf for a specific purpose - to do the transfers.

If you decide you don't need an RLT, then the attorney has absolutely no need for your asset location, amount, or account number AFAIK. It also should be cheaper/faster/easier to prepare your will without the RLT language in it.

If the attorney is asking about the total amount of your assets, they probably are not trying to charge you more based on assets. They are probably trying to tailor their estate planning advice. You may not be close to the basic exclusion amount (BEA) now, but there are other things in play. Perhaps you are younger now and with compounding and income and SS and anything you might inherit, plus the fact that the BEA is getting cut in half on 1/1/2026, you might be over it later.

Even below the BEA, there are tax considerations, such as if you did choose to leave all of your assets to one person and most of it was in an IRA, they might have tax consequences related to the 10 year SECURE Act distribution window. There may be others.

If you're leaving everything to charity, your will in my state could be about three pages long, including the signature/witness page.

If you want to make things easier on your executors, make sure they understand your wishes, know where your accounts are located, and consider whether and how much you want to pay them. I don't have any executor pay in my will, but I do state that I want them to reimburse themselves for any out-of-pocket costs related to the settlement of my estate. Maybe your executor needs to fly to your state, stay in a hotel for a few days, and pay for some estate paperwork or tax prep stuff, that sort of thing.

If you want to, you can also leave that area of the intake form blank, meet the first time with the attorney, and ask them directly why they need it. That might cost you a bit more because you're adding a time-consuming bump in the road, but the cost might be worth your peace of mind.
 
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I've had lawyers setup a couple of revocable living trusts for ill relatives mostly since it made it easier for me as caregiver & the one who would also be settling their estate.

The lawyer's fee included transfer of any real estate into the trust name.

I used durable POA to transfer any financial assets into the trust.

Trusts can be quick to settle.

With my last relative I was able to distribute the proceeds of the house sale (their only significant asset) to their beneficiaries the day after I deposited the check from the buyer's attorney.
 
It depends on what you want/ need. Not married? No minor or special need heirs? Assets held in banks/ brokerage accounts? State allows for the transfer of real property via a deed filing or there is no real property? No estate tax issues?

In your case maybe you may want to stop using the words "estate plan" with your lawyer / potential lawyer and replace that with "simple will."
 
In my experience working with estate planning attorneys for 20+ years, there is no need to provide account #s or even bank names unless there is a specific purpose for a specific account (ie. Cousin Mary is to get my Chase savings account # 123456789 and nephew Fred gets the Chase account # 987654321). Otherwise, that detail isn't necessary.
 
Hmm. I assumed all executors get paid. Yes, I want to pay mine for the fact it is likely to be annoying process. It is frankly annoying me already. :)

I have not had a conversation with the guy its all online booking following his directions for the documents.
 
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Looks like another adulting fail for this week. I cancelled it.
 
You might want to buy Willmaker, read the materials to incease your knowledge and then even use the software to draft a will, POA, etc.

Even if you end up not signing or using the documents that you draft it will be worth it from an educational perspective.
 
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