FQAs
Frequently Asked Questions
Your Essential Legal FAQs
We’ve gathered clear, practical answers to the most common estate planning questions clients frequently ask us.
What key documents should a full estate plan include?
A complete estate plan generally includes a last will, financial power of attorney, medical power of attorney, living will or health directive, and often a revocable living trust. Together, these documents ensure that your assets are protected, your wishes are clearly stated, and someone you trust can make decisions if you are unable to. A strong plan also covers guardianship for minor children and detailed instructions for asset distribution.
Why is creating an estate plan so important today?
Estate planning is essential because it gives you control over your property, healthcare decisions, and the protection of your loved ones. Without a proper plan, state law—not your personal wishes—determines who receives your assets and who handles your affairs. This can lead to delays, extra costs, and unnecessary stress for your family. A well-prepared plan ensures clarity, minimizes legal complications, avoids probate when possible, and keeps your legacy secure. It also provides peace of mind knowing your loved ones are protected no matter what happens.
Do I really need a lawyer for estate planning?
Working with a lawyer ensures that your estate plan is accurate, complete, and legally enforceable. Online templates often overlook important issues, contain generic language, or fail to address complex family situations. A lawyer can review your unique circumstances, explain your options, and design a plan tailored specifically to your goals. They help you avoid mistakes that could cause confusion or conflict later. Professional guidance also ensures your documents stay updated with current laws, giving your family long-term protection and preventing unnecessary court involvement.
What happens to my assets without any estate plan?
If you die without an estate plan, state laws decide how your assets are divided, regardless of your preferences. This process—called intestacy—can be slow, expensive, and stressful for your family. Loved ones may disagree, minor children may not receive proper guardianship, and important decisions may be made by the court instead of someone you trust. Without clear instructions, your family could face unnecessary arguments, delays, and legal costs. Creating a plan ensures your wishes are honored, your assets are protected, and your loved ones avoid unnecessary hardship.
How often should I update my estate planning documents?
Your estate plan should be reviewed every few years or whenever major life events occur, such as marriage, divorce, births, deaths, new property purchases, or significant financial changes. Updating your documents ensures they continue to reflect your current wishes and circumstances. An outdated plan may create confusion or fail to protect the people you care about. Regular reviews also help ensure your documents comply with current laws. Keeping everything up to date gives your family confidence, reduces potential conflicts, and protects your legacy exactly as you intend.
Are trusts usually more effective than a will alone?
Many families choose a trust because it offers more flexibility and protection than a will alone. A trust helps avoid probate, keeps your financial details private, and gives you more control over how and when your assets are distributed. While a will outlines your basic wishes, it doesn’t always provide long-term protection or ease the administrative burden on your family. A trust can safeguard assets, support minor children, and reduce legal costs. The best choice depends on your goals, and personalized guidance helps you choose the best structure.
Who is the best person to serve as executor?
Your executor should be someone reliable, organized, and able to handle important financial and legal responsibilities. This person must manage documents, communicate with beneficiaries, pay bills, and follow your instructions accurately. Choosing the wrong person can create delays, misunderstandings, or conflicts among family members. Ideally, your executor should be someone who understands your values and is committed to carrying out your wishes. You may also choose a professional if your estate is complex. A thoughtful selection ensures your estate is handled smoothly and respectfully.
How can I make sure my young children are protected?
To protect young children, you should name both long-term guardians and temporary caregivers, create a trust for their finances, and clearly outline how you want them supported. Without these steps, the court may choose someone you wouldn’t have selected. A trust ensures funds are available for education, healthcare, and daily needs without delays. Proper planning also prevents custody disputes and ensures children are raised by people who share your values. This gives you peace of mind knowing your children will always be cared for if the unexpected happens.