Callers often lead with the answer they've already picked. "I just need a simple will." "My friend said I need a trust." Sometimes they're right. Often they're repeating something they read, and the plan they need looks different.
Intake can't settle that question, and it shouldn't try. Choosing between a will and a trust is legal advice. What intake can do is gather the facts that tell your attorney how complex the matter is likely to be, so you book the right consult, with the right person, for the right amount of time.
Why qualification matters here
Most estate planning firms offer a range of work, from a basic will package to a full trust-based plan. When intake treats every caller the same, a few things go wrong:
- A caller with a business, rental properties in two states and a blended family gets booked into a short slot meant for a simple will.
- A caller who wants a straightforward will gets a long conversation about trusts and walks.
- The attorney walks into every consult cold and spends the first 20 minutes on questions intake could have asked.
Good qualification sorts callers by likely complexity and fit. It doesn't sort them by what they said they wanted on the phone.
Don't take the caller's label at face value
When a caller says "I just need a will," write it down. Then ask the same questions you'd ask anyone else. When a caller says "I need a trust," same thing.
A good neutral line:
"That's helpful to know. The attorney will talk through what makes sense for you. I'm going to ask a few questions so they can prepare."
What you shouldn't say:
- "Oh, you probably just need a will then."
- "Trusts are better because they avoid probate."
- "Wills are cheaper."
Each of those is advice, and each can be wrong depending on the facts and the state.
The signals that usually mean more complexity
These don't mean the caller needs a trust. They mean the attorney will likely want more time, a more senior attorney or a different fee conversation. Ask about each.
Real estate
- "Do you own real estate? Is any of it in a different state from where you live?"
Depending on how it's titled, property in more than one state can mean more than one probate proceeding later. Attorneys want to know about this early.
Children and beneficiaries
- "Do you have children under 18?"
- "Is there anyone you want to provide for who has a disability, receives benefits or may need help managing money?"
- "Any children from a previous relationship?"
Minor beneficiaries, a beneficiary with special needs and blended families all tend to mean more planning conversation.
Business interests
- "Do you own a business, or part of one?"
Succession questions add time and sometimes involve other advisors.
Size and type of assets
- "Roughly, which of these ranges is your total estate in?" (Use the ranges your attorney sets.)
- "Do you have significant retirement accounts or life insurance?"
Keep it ballpark. You don't need numbers to the dollar, and some callers won't share them by phone. That's fine.
Stated goals
- "Is there anything you especially want the plan to do?"
If the caller says "avoid probate," "keep things private," "protect my kids' inheritance" or "plan for nursing home costs," note it word for word. These goals often point the attorney toward particular tools, but that's their call. Long-term care questions may belong in a separate elder law conversation. See intake for elder law and Medicaid planning inquiries.
Existing plan
- "Do you have any estate planning documents now, including an existing trust?"
Someone with a trust that needs updating is a different matter from someone starting fresh.
A simple qualification grid
Many firms use something like this. Set your own thresholds with your attorneys.
| Signal | Likely simpler consult | Likely fuller consult | |---|---|---| | Real estate | None, or one home in-state | Several properties, or any out of state | | Children | Adult children, or none | Minors, special needs, blended family | | Business | None | Owns or co-owns a business | | Estate size | Below the firm's range | Above the firm's range | | Goals | "Make sure my kids get everything" | Privacy, probate avoidance, long-term care | | Existing documents | None | Existing trust or out-of-state plan |
One or two items in the right column doesn't mean much. Four or five probably means a longer consult. Use it to book, not to diagnose.
Book the right consult
Once you have the picture, match it to your calendar:
- Simpler matters can go to an associate or a shorter slot, if your firm works that way.
- Fuller matters go to the attorney who handles trust work, with more time blocked.
- Urgent matters, like a serious illness, get the earliest available time regardless of complexity.
Tell the caller what to expect:
"Based on what you've told me, I'm booking you a [60-minute] consultation with [Attorney]. Bring anything you already have, like an old will or trust, and a rough list of your accounts and property."
Handling price questions
Will callers ask, "How much is a will?" Trust callers ask, "How much is a trust?" Both are fair questions. Your intake team needs a firm-approved answer, and it should never be a made-up number. If your firm publishes flat fees, share them. If not:
"The attorney will give you a clear quote once they understand what the plan needs. There's no obligation at the consultation."
Never let staff say a will "should be cheap" or a trust "is worth it." Those set expectations the attorney then has to walk back.
Disqualifying politely
Some callers aren't a fit. Maybe your firm doesn't review documents someone made online, or the caller lives in a state where your attorneys aren't licensed. Have a respectful line ready:
"That's not something our firm handles, but I don't want to leave you without a next step. [Referral or resource your firm approves.]"
Then log the reason in your CRM. Over time, those reasons tell you something about your marketing.
Where this fits in the bigger picture
Qualification is one piece of a longer call. The asset questions here overlap with capturing asset and family information at intake, and the full call flow is in our estate planning intake script.
The goal isn't to predict the plan. It's to make sure the right attorney walks into the room with the right amount of time and a clear picture of who's sitting across the table.
Where IntakeGenius fits
We set up the IntakeGenius AI voice agent to ask your qualification questions on every call and book the consult that fits, based on rules your attorneys set. It never tells a caller whether they need a will or a trust. That stays with your lawyers. If you want to see how we'd configure it for your estate planning practice, set up a 15-minute call with us. No slides.