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Frequently asked questions

Plain-English answers to 109 of the financial planning questions we hear most often. Use the search bar in the top menu to jump straight to one.

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Showing 1–24 of 109 in Estate Planning

Do I need a will?

If you have any assets, dependents, or wishes about what happens after you die, yes — you need a will. Without one, state intestacy laws determine how your assets are distributed (which may not reflec…Read more

Do I need a will?

If you have any assets, dependents, or wishes about what happens after you die, yes — you need a will. Without one, state intestacy laws determine how your assets are distributed (which may not reflec…Read more

What is the difference between a will and a trust?

A will is a legal document that specifies how your assets should be distributed after death and who will care for minor children. It must go through probate — the public, court-supervised process of v…Read more

What is the difference between a will and a trust?

A will is a legal document that specifies how your assets should be distributed after death and who will care for minor children. It must go through probate — the public, court-supervised process of v…Read more

What happens if I die without a will in the United States?

If you die without a will, you die "intestate," and your state's default succession law decides who inherits — not you. Typically assets pass to your closest relatives in a fixed order: spouse and chi…Read more

What is a revocable living trust and what are its benefits?

A revocable living trust is a legal arrangement you create while alive, into which you transfer ownership of assets like your home and brokerage accounts. You typically serve as your own trustee, so y…Read more

Why do I need a durable power of attorney while I'm still alive?

A durable power of attorney (POA) lets someone you trust manage your finances if you become incapacitated — paying bills, accessing accounts, filing taxes, dealing with insurance. "Durable" means it s…Read more

What is the difference between a healthcare proxy and a living will?

These are two halves of your medical estate planning. A healthcare proxy (also called a medical power of attorney) names a person to make health decisions for you if you can't speak for yourself — cho…Read more

How do beneficiary designations override what my will says?

Beneficiary designations on retirement accounts, life insurance, and annuities are contracts that pass directly to the named person at your death — and they beat your will every time. If your 401(k) n…Read more

How do I name a guardian for my minor children?

You name a guardian in your will — it is the single most important reason for young parents to have one. The guardian is the person who would raise your kids if both parents died or became unable to.…Read more

What is probate, and how long and costly is it?

Probate is the court-supervised process of validating your will, paying debts and taxes, and distributing what's left to your heirs. An executor files the will, notifies creditors and beneficiaries, i…Read more

How can I avoid probate on my assets?

You avoid probate by arranging for assets to transfer automatically at death, outside the court process. The main tools: name beneficiaries on retirement accounts, life insurance, and annuities; add p…Read more

What are an executor's main duties after someone dies?

An executor (sometimes called a personal representative) is the person who carries out your will. Their job: locate the will, file it with the probate court, obtain a death certificate, and get appoin…Read more

When should I update my estate planning documents?

Review your estate documents every three to five years, and immediately after any major life event. Triggers include marriage or divorce, the birth or adoption of a child, the death of a beneficiary,…Read more

What are transfer-on-death (TOD) and payable-on-death (POD) registrations?

TOD and POD are simple beneficiary designations that let an account pass directly to a named person at your death, skipping probate. "Payable-on-death" applies to bank accounts (checking, savings, CDs…Read more

How does titling assets as joint tenancy with right of survivorship work?

Joint tenancy with right of survivorship (JTWROS) means two or more people own an asset equally, and when one dies, their share passes automatically to the survivor — outside probate. Married couples…Read more

Where should I store my estate planning documents?

Store originals somewhere secure but accessible to the people who'll need them — and tell those people where to look. A fireproof home safe or a locked file cabinet works well, since a bank safe-depos…Read more

Should I use a DIY online will or hire an attorney?

It depends on how complex your situation is. Reputable online will services are inexpensive and fine for simple estates — a modest amount of assets, an outright leave-it-all-to-spouse-then-kids plan,…Read more

What does it mean to fund a trust, and why do people forget this step?

Funding a trust means retitling your assets into the trust's name — changing the deed on your house, renaming brokerage and bank accounts, and updating ownership so the trust legally holds them. This…Read more

What is a pour-over will and why would I need one alongside a trust?

A pour-over will is a will that works as a safety net for your revocable living trust. It directs that any asset you owned at death but didn't retitle into the trust gets "poured over" into it, so eve…Read more

What is a letter of intent or letter of instruction in estate planning?

A letter of intent (or letter of instruction) is an informal, non-binding note to your family and executor that explains the practical and personal details your legal documents don't cover. It might l…Read more

What does estate planning look like for a young family with small kids?

For a young family, the priorities are protection, not tax avoidance. First, a will that names a guardian (and a backup) for your minor children — this is the central reason to act now. Second, term l…Read more

Do I need an estate plan if I'm single with no children?

Yes — arguably more than ever, because there's no automatic spouse or child to inherit or speak for you. Without a will, your state's intestacy rules send assets to parents, then siblings, then more d…Read more

Who actually needs a trust versus just a will?

Most people are fine with a solid will plus beneficiary designations and POD/TOD registrations; a trust is for those who want more. Consider a revocable living trust if you want to avoid probate (espe…Read more

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