Begin by explaining your role and what you need to understand. You may be a family member, beneficiary, person named in a document, or someone seeking advice about a dispute. Bring the documents rather than relying on your recollection of them.
Clarify the governing records
Ask which will, trust, amendment, or court order needs to be reviewed. If multiple versions exist, provide all of them and explain where they came from. Do not assume that the newest-looking copy is controlling.
Identify responsibilities and questions
Ask who has authority to act, which information is missing, and what tasks may require court involvement. Distinguish a request for information from an allegation of wrongdoing. Explain any approaching deadline.
Confirm the engagement
Discuss the proposed scope of representation, fees, communication method, and documents to provide next. A clear engagement helps avoid misunderstandings about whose interests counsel represents and what work the office has agreed to perform.
Clarify the process and the person responsible
California Courts describes formal probate as involving court appointment, inventory, administration, and other steps. A trust-related question may require a different analysis. Start by identifying the document or court order said to authorize the person acting and the assets affected.
What should I leave the consultation understanding?
Ask for the proposed scope of work, outstanding documents, important dates, expected expenses, and who is responsible for the next task. If relatives disagree, explain the disagreement and the records supporting each position. Keep a written action list so questions about authority are not confused with assumptions about inheritance.
Further reading
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- California Living Trust Consultation: What to Prepare
- California Probate: Documents After a Family Death