Modern Methods for Comprehensive Estate Planning

By Raisah Khan

The onset of the COVID-19 pandemic has caused the world to adapt in ways never seen before. While the situation has made many–if not all–feel weak in some way, we have been able to channel our strength to evolve as a society. A sizable part of the change has involved the modernization of the workplace, utilizing different technologies such as Zoom to communicate and coordinate.

Liu Shair Law is one of the many organizations among these models. After having to quickly transition to a primarily remote firm in spring of 2020 due to COVID-19, estate planning lawyer Shannon Liu Shair has decided to continue to keep the planning process remote, except for the final Estate Plan signing sessions, which must be done in person. We had a talk to discuss the transition and the following answers contain insight gained during a 1-on-1 interview with her. 

What does the Estate Planning process look like?

The entire process can be boiled down to about six steps. The first part is for potential clients to complete an intake form that includes information about their family to determine if we are a good fit and they are actually looking for estate planning. This includes gaining information on what the family is like and what their needs are. If we may be able to help, we will set up a Zoom or phone consultation, sharing estate planning basics and answers to any preliminary questions. If we are able to take them as clients, the third step is for clients to complete questionnaire that requires information from them, such as who they’re looking for to take care of their kids, make financial decisions, health care decisions, what banks they use, etc. The bulk of where everything happens is in the step after this, which is a design session over Zoom. Clients will go over short-term, mid-term, and long-term goals while answering questions on many hypothetical scenarios that we have tailored for them. After this, we draft the customized legal documents based on the clients’ comprehensive wishes. The drafts are shared with the clients, and then we can have draft review Zoom call to discuss the plan documents and the process of funding the trust. The final part is the signing, which must be done in person with two witnesses and ultimately notarized.

The firm’s intention is to keep things remote for the early stages of the process. In terms of the signing process, the meeting will be adaptable to the future, whether it continues to be outside or is potentially moved inside.  

How did clients respond to this transition?

Clients have been really open to the remote model. This is likely because many people have had to get used to technology in other sectors of life. For example, being involved in a church or mosque may have warranted the usage of Zoom. Even older clients have gotten used to using such methods over time. Furthermore, a level of trust typically exists between Liu Shair Law and clients, both because of the level of communication and the fact that many clients are introduced to the firm through personal and professional connections. As time has gone by, some people have gone back to the office to continue to work, so a lot of people appreciate only having to take the time out of their day to travel one time. It is easier to set aside time when a meeting is online, since they may take it when they have free time or a break. Ms. Liu Shair’s experience with having kids has made her more understanding of how many parents are busy, so scheduling online meetings can be convenient. Another advantage is that people who are visual learners benefit from the sharing screen function of Zoom. During client meetings, as Ms. Liu Shair types up client wishes or reviews drafts, clients can see what’s happening and understand it better. One of the newest client families has a spouse who is deaf. Zoom has been very helpful, since in-person meetings with masks would be hard to read lips and receive the same level of information. 

What is the rationale for continuing this online model (even after pandemic)?

Our clients have enjoyed the online process, giving feedback that it goes very smoothly. This allows for more thorough planning, as drafts are shared in advance and allow clients more time to go over them. Clients appreciate the convenience while retaining the comprehensive process we prioritize. Ultimately, it started to make more sense to continue this more effective approach, both for clients and the firm. 

What are the benefits of this model that may not have been mentioned thus far?

In addition to previously mentioned benefits, this model allows lawyers to increase and broaden the reach of clients. Technically speaking, estate planning lawyers can take care of clients anywhere in California. This pandemic has seen more clients from cities such as San Francisco, who may have been referred through connections. This made more sense for clients who lived from far away because they would only have to attend with one in-person appointment. Technically, clients could even be set up with a mobile notary, which opens up a possibility for people who live further. However, our clients prefer to execute documents through the firm to ensure everything is executed correctly.

What are some potential cons to this model? 

Some people either strongly prefer to or really do need to meet an attorney in person. Ultimately, the firm won’t be able to service everyone with this modern approach. However, it has holistically moved in a direction that works for our clients.

What are other attorneys in the field doing? 

At the beginning of the pandemic, attorneys thought the online model would be a temporary solution. However, many firms, particularly ones that handling estate planning in California, have decided to permanently conduct most appointments are virtually, while still having full access to stay in touch with the attorney. It is easier for clients to communicate and make time for appointments during their day, without the concern of commuting or disrupting family schedules. The whole process will allow attorneys to continue providing high quality service for this important planning.. 

How do we plan to use the lessons we’ve learned from the past year in the way we handle client meetings now?

We have continued to see the importance of having empathy for people, as people have such different situations and different levels of comfort. Liu Shair Law makes sure to be sensitive towards the fact people may be going through different or difficult health issues and have a lower risk tolerance. Additionally, many people have passed away from COVID-19, which has made people think about estate planning more. These circumstances highlight that the planning must be done well, so the firm stays committed to helping clients. Liu Shair Law aims to make the process as smooth as possible and has done so through creating convenient methods. However, the firm hopes to obtain ease without compromising on level of detail and service. 

Ultimately, Liu Shair Law–and many other law firms–have taken this opportunity as a learning and growing experience. The field has seen numerous benefits to this approach, and the future of the estate planning field as a whole may lie in the hands of technology.