Frequently people come in to my office and are unaware of what their estate planning documents say. For all they know, their attorney made herself the beneficiary of their estate.  While that is extremely unlikely and while most of the time, the documents do what they are supposed to do, it is important that you understand what your documents state and also what they can accomplish on your behalf. 

I also see many clients who have not reviewed their California estate planning documents since their attorney drafted them (I use the word “attorney”, but about 20 percent of the time, I review documents that were drafted by paralegals or companies that claim to do things like an attorney, but are not an attorney – more about that in another post).

Your attorney should explain to you in detail what you are signing.  I realize that there are a lot of documents and frankly some of my clients do not want to hear everything.  However, I make certain that my clients have a basic understanding of their estate plan when they leave my office.

Compare it to the purchase of a car.  Before you buy the car, most people do some research about the car; they talk to the salesman; and they learn about the car.  The same thing should be done with regard to an estate plan. 

If you do not understand something that the attorney is explaining to you, speak up!!  Make him give you an example or two.  I am not talking to hear myself talk, but to convey the benefits of the document to my clients.  I attempt to tailor the explanation to my client, but sometimes I need to be asked to explain things in a different way.

In summary, you need to make sure that what you are signing is something that you understand and that is appropriate for you.  If it is not the way you want it, then just as with the car salesman, have the attorney craft the document to meet your needs.