Estate Plan: Honest Talk With a Real Attorney

Apr 8, 2026

While there are any number of estate planning templates and AI powered assistants available online, most people end up finding that actually working with an attorney is a solid return on investment. Why? Though generic information and advice can provide a helpful grounding on what estate planning encompasses and the tools available (e.g. will vs trust), only an attorney can understand your specific circumstances, fears, and intentions. By asking questions and listening to your responses, an attorney may even offer ideas that you would not otherwise have considered, and expertly tailor your estate plan accordingly. After all, we’re still unique individuals, right?

Surfacing Your Unique Truths and Tailoring Your Plan

What if you love all three of your children, but deep down think it’s best to leave more assets to the one who needs them most? Perhaps there are some sensitivities related to blended family relations? What if you have no idea how you will actually care for yourself in the event of a capacity decline as you age? What if you have a quirky collection, or a long held desire to leave funds to a charitable organization? What about caring for your pet? Have you dabbled in crypto or other digital treasures? Who knows how to access them? And the list goes on. Leaving our affairs, be they mundane or extraordinary, in order generally turns out to be much easier said than done, which is why working on a customized and complete estate plan with an attorney can be so helpful.

Ideally, you’ll begin an estate plan with an attorney who you trust while there is plenty of time on your side, and periodically update your plan in accordance with life’s twists and turns. For an estate plan that truly responds to your circumstances and hopes, New Jersey based attorney Alan Augulis encourages transparent communication: “The decisions made when creating an estate plan are highly personal decisions. Understandably, it may be uncomfortable to discuss these decisions with a stranger which is why it is important to develop a lifelong relationship with your estate planning attorney. You will, however, need to share things with your estate planning attorney that you may prefer not to share. Failing to be open and honest with your attorney, however, could jeopardize the success of your overall estate plan.”

One example of a sensitive topic for some adults is heirs. It’s key for your estate planning attorney to understand the complete picture, including the possibilities for surprise or festering conflict that may emerge later. As the Auglis Law Firm reminds us:

Your estate planning attorney needs to know about all your children and grandchildren because any child or grandchild could inherit from your estate. Even if you have not spoken to a child in many years, you still need to include that child in your estate plan, if for no other reason than to specifically disinherit that child. Likewise, if you adopted a child, or gave a child up for adoption, your attorney needs to know so the child can be addressed in your plan if necessary.

That child that you have been estranged from for years may be a problem during the probate of your estate. As such, your attorney needs to know about that relationship in the event he/she decides to contest your Will. Any other heir or beneficiary that you feel might be unhappy with the terms of your Will should be mentioned as well.

Pointing out that we may be “in the habit of doing things such as trying to undervalue assets for tax purposes or hide assets from ex-spouses,” Augulis Law Firm also encourages sharing your complete asset picture with your estate planning attorney:

You may be hesitant to discuss your finances and the details of your estate assets with other people. As a rule, there is no reason why you would need to discuss your assets, much less the value of those assets, with other people; however, your estate planning attorney needs to know what you own and what those assets are worth as well as what you owe and to whom. To protect your assets, both now and in the future, your attorney needs to know exactly what assets you have and what they are worth….Remember, your attorney is on your side.

Good To Know: Fiduciaries and Estate Bonds?

It’s helpful to know that when you create an estate plan, one of the important decisions you make is naming the fiduciary who will administer it. Depending on your location and the details of your plan, this person may be specifically referred to as an executor, personal representative, or trustee. As elder law attorneys at Ettinger Law Firm point out, legal counsel can also be very valuable when it comes to making designating fiduciaries for your estate plan:

Most of the time we spend with clients involves going over the social aspects of the estate plan. First, who should be in charge of your legal and financial decision-making in the event of death or disability? One person or more than one? Should they be required to act together or may they be permitted to act separately? How are the other family members going to feel about these choices? Who gets along with whom? What are my options and what do other people do and why? You need to be in a position to evaluate pros and cons and there’s no counselling on the internet.

Because of the serious responsibilities involved in administering an estate, a type of bond, often referred to as an estate bond, can be required or requested of your chosen fiduciary. The purpose of an estate bond is to guarantee that the fiduciary carries out the plans made in a trust or will in accordance with the law. Essentially, an estate bond acts as a financial guarantee to heirs and creditors until affairs are settled, providing recourse in the event the fiduciary fails in their duties.

Colonial Surety Company makes it quick and easy to obtain estate bonds of all kinds, Our user-friendly online service enables quotes, purchases and bond downloads instantly. Fiduciaries in every state across the country can efficiently obtain estate bonds right here:

Easy and Speedy Estate Bonds

Estate Law Practice?

In addition to providing estate, fiduciary and court bonds, including appeal bonds, directly to the general public, Colonial Surety Company offers The Partnership Account® for Attorneys. This free business service provides user-friendly client management dashboards, enabling attorneys to easily obtain, coordinate, and e-file the court, estate and fiduciary bonds needed to keep all clients and cases moving forward. See for yourself today:

The Partnership Account® for Attorneys

Colonial Surety Company: