Estate planning commonly asked questions

Your estate plan will be emailed to you directly. Along with the documents, you’ll receive written instructions for signing and notarizing the documents in your package. Once the documents are signed and notarized, make copies to share as needed and store the originals in a safe location (a secure location at home).

Yes. Building an estate plan around a Trust can help avoid the need for probate and can make the process easier.

Yes, you can make changes to your estate plan at any time.

Whether you own real property outright or have a mortgage, you have the option to transfer or title the property into the name of the Trust so it can be held, sold, distributed or managed through the Trust.

Everyone can benefit from having an estate plan, regardless of the size of their estate. An estate plan has benefits that are more than just the value of an estate. Yes, an estate plan can ensure your assets are distributed according to your wishes. Additionally, other documents in a comprehensive estate plan allow you to name trusted loved ones to assist with making financial and medical decisions during your lifetime if you need their help. Estate plans also let you nominate Guardians to care for your children if you are unable to do so.

Yes. Your information is stored and protected with the highest levels of protection. We are serious about security and will never share or sell your personal information.

Yes. The state-specific, reliable document templates are created by attorneys. After you have entered your responses and submitted the questionnaire, your documents will be emailed to you to print, sign, and notarize.

Letting your loved ones know you have created a plan, and where to find the documents if they need to act on your behalf, can eliminate confusion and further disruption in trying times. However, it is entirely up to you if, whether, or how, you share your information.

The available estate plan document tools include a Last Will and Testament, Revocable Trust, (Financial) Power of Attorney, Advance Health Directive (Living Will and Medical Power of Attorney), HIPAA Authorization, and a Certification of Trust. The product options are presented in comprehensive packages to ensure the estate plan you choose is complete.

Estate planning is the process of creating legal documents that let you make decisions today about what should happen in the future. You can give specific instructions about medical and financial matters and you can name trusted individuals to act on your behalf. A typical estate plan also lets you create a legacy plan for the distribution of your assets after death.

After creating the Trust the important next step is to transfer assets from your name into the name of the Trust. This is commonly referred to as “funding” the Trust. Don’t worry – you will still be the Trustee of the Trust and the assets will still be yours, but this step is an important function to ensure the Trust works as designed.

To do this, contact the respective financial institutions, title companies, etc. and complete the necessary paperwork provided by the entity. They may ask for a copy of your Certification of Trust (included in the comprehensive Trust Package).

Probate is the legal process of administering your Will and handling your estate after you pass. This court process involves validating the Will, identifying and valuing your assets, paying any outstanding debts, and distributing the remaining assets to the heirs. Probate primarily applies to individuals who only have Wills in place (or nothing at all).

A Will is a simple document that outlines what happens at death. A Will allows you to specify who gets what, but allows for little customization as to when and how assets are distributed.

A Trust is a more sophisticated document that can apply during your lifetime and after your death. A Trust allows you to specify who gets what but also allows you more control over when and how assets are distributed – a great feature for those with younger kids.

One important note: Wills go through probate. Assets held in a Trust will avoid probate.

A Revocable Trust can be changed or revoked by the person who created it while an Irrevocable Trust typically cannot be changed or revoked, except in very limited circumstances with court permission and the approval of all beneficiaries. Revocable Trusts are the most typical for general estate planning. Irrevocable Trusts are typically special-use tools for specific use cases.

Last Will and Testament - This document defines how your estate will be distributed (who inherits what), appoints the person who will handle your final affairs as your Executor (or “Personal Representative”), and nominates guardians for any minor children.

(Financial) Power of Attorney - This document allows your named agent(s) the authority to make financial, property, and investment decisions in the event you become incapacitated.

Advance Health Directive - This document allows you to specify your preferences about medical care and end-of-life care and also allows you to designate an agent to make health care decisions for you in accordance with your instructions. An Advance Health Directive combines a Living Will and a Medical Power of Attorney and may be known by other names like Medical Directive, Healthcare Declaration, Advance Health Care Directive, or Medical Proxy.

HIPAA Authorization - This document gives authorization for your physician or medical entity to disclose your health information to your designated representative.Revocable Trust – This document provides for the control, management, and distribution of your assets during your lifetime and after death. You will generally serve as Trustee of your Trust, ensuring you retain control and access to all of your assets. The Trust document provides all of the rules and instructions for ongoing management, including who will serve as Successor Trustee after you and when and how your assets are to be distributed.

Pour-over Will - A Pour-Over Will is a special type of Last Will and Testament that is designed to work in conjunction with a Revocable Trust. A Pour-Over Will is designed to ensure any assets that are not moved into your trust during lifetime will be “poured over” into your Trust after death to ensure the Trust is the centerpiece of your plan.

Certification of Trust - This document is a summary of the provisions in your trust to provide to financial institutions (banking, brokerage/investment, etc.), title companies, etc. when moving assets in or out of your Trust or when naming your Trust as a beneficiary on an account.

POA Package - Appoint a trusted loved one(s) to act on your behalf when you are unable to act or make decisions for yourself, including financial transactions, medical and end of life decisions.

Single Will Package - Detail how your estate will be distributed (who inherits what) and appoint the person(s) who will handle your final affairs. The package includes Powers of Attorney to appoint a trusted loved one(s) to act on your behalf when you are unable to act or make decisions for yourself, including financial transactions, and medical and end of life decisions.

Joint Will Package - Each spouse details how their estate will be distributed (who inherits what) and appoints the person(s) who will handle their final affairs. The package includes Powers of Attorney for each spouse to appoint a trusted loved one(s) to act on their behalf when they are unable to act or make decisions for themself, including financial transactions, medical and end of life decisions.

Single Trust Package - Creates a Trust that allows you to protect and manage your own assets during your lifetime and allows you to appoint a trusted loved one(s) to manage the Trust when you are no longer able. A Trust provides direction for how and to whom your assets and personal property will be held or distributed. The package includes Powers of Attorney to appoint a trusted loved one(s) to act on your behalf when you are unable to act or make decisions for yourself, including financial transactions, medical and end of life decisions.

Joint Trust Package - Creates a shared Trust that allows both spouses to protect and manage assets during their lifetime and allows for appointment of a trusted loved one(s) to manage the Trust when both spouses are no longer able. A Trust provides direction for how and to whom assets and personal property will be held or distributed. The package includes Powers of Attorney for each spouse to appoint a trusted loved one(s) to act on their behalf when they are unable to act or make decisions for themself, including financial transactions, medical and end of life decisions.

Our templates are designed to cover a range of estate planning goals that are typical for most people. If you have exceptional needs such as complicated financials, complex family structures, or unique needs then it may be best to consult with a licensed professional to determine the type of estate plan that best meets your particular circumstances.

Every adult may benefit from some form of estate planning. Having a plan in place provides the comfort and confidence of knowing that if the unexpected happens, your trusted loved ones will know your wishes and intentions and be empowered to carry them out.