Estate Planning Attorney FAQ

Frequently Asked Questions

Do I need a will?

Yes, if you have any assets, minor children, or specific wishes about distribution. Without a will, state law decides — and may not match your wishes.

What's the difference between a will and a trust?

Will: Takes effect at death, requires probate, public record Trust: Active during lifetime and after death, avoids probate, private

Should I have a trust?

Trusts are useful if:

• You own real estate (especially in multiple states)
• You have significant assets
• You want to avoid probate
• You have privacy concerns
• You have minor children
• You want incapacity protection

How much does a will cost?

Type	Cost
Simple will	$300-$1,000
Will package	$500-$2,500
Trust package	$1,500-$5,000
Complex plan	$3,000-$10,000+

Can I use an online will service?

You can, but:

• They may not address your specific situation
• State laws vary
• Mistakes can void the will
• Beneficiary planning is limited
• Tax planning is missed
• Updates are your responsibility

For most people, an attorney provides better value.

How often should I update my estate plan?

Review at least every 3-5 years and after:

• Marriage or divorce
• Birth or death in family
• Significant asset changes
• Move to new state
• Tax law changes
• Beneficiary changes

What is probate?

Probate is the court-supervised process of distributing a deceased person's estate. It involves:

• Validating the will
• Inventorying assets
• Paying debts and taxes
• Distributing remaining assets
• Closing the estate

How long does probate take?

Estate Type	Duration
Small/simple	6-12 months
Average	12-18 months
Complex	18-36 months
Contested	2-5 years

How much does probate cost?

Typically 3-7% of the estate value:

• Court fees
• Attorney fees
• Executor fees
• Appraiser fees
• Various other costs

Can I avoid probate?

Yes, with proper planning:

• Living trusts
• Joint tenancy with right of survivorship
• Beneficiary designations on accounts
• POD/TOD account designations
• Small estate procedures (limited situations)

What happens if I die without a will?

You die "intestate" and state law decides:

• Married: Spouse gets some/all
• Children: Get a share
• No spouse/children: Goes to parents, siblings
• No family: Goes to state

The court appoints administrators and guardians for minor children.

Who should be my executor?

Choose someone who is:

• Trustworthy
• Organized
• Available (lives nearby ideally)
• Comfortable with financial matters
• Willing to serve
• Likely to outlive you
• Without conflicts with beneficiaries

Can I disinherit someone?

Yes, with proper drafting. However:

• Spouses have protections in most states
• Minor children have some protections
• Document your reasons
• Use specific language

What about my retirement accounts?

Retirement accounts pass by beneficiary designation, not your will:

• Update beneficiaries directly
• Coordinate with overall plan
• Consider tax implications
• Update after life changes

What's a power of attorney?

A document allowing someone to act on your behalf:

• Financial power of attorney — Money matters
• Healthcare power of attorney — Medical decisions
• General/limited — Scope can vary
• Durable — Survives incapacity
• Springing — Effective only upon incapacity

What's a living will?

A document specifying your end-of-life medical wishes:

• Life support decisions
• Comfort care preferences
• DNR orders
• Organ donation

Different from a "living trust" (despite similar name).

What about estate taxes?

Most people don't owe federal estate tax (exemption is over $13 million per person). However:

• Some states have lower exemptions
• Gift tax considerations
• Generation-skipping tax
• Income tax issues

Can I change my will?

Yes, anytime you have capacity. Options:

• Codicil (amendment)
• New will (recommended)

What if I move to a new state?

Have your estate plan reviewed. State laws vary on:

• Will requirements
• Spousal protections
• Property characterization
• Probate procedures
• Estate taxes

Should I tell my family about my estate plan?

Generally yes, especially:

• Where documents are stored
• Who's the executor
• General intent
• Specific wishes

You don't have to share details, but transparency reduces conflict.

What's a special needs trust?

A trust designed to provide for disabled beneficiaries without disqualifying them from government benefits like SSI and Medicaid.

How do I find a good estate planning attorney?

• Estate planning specialization
• Years of experience
• State bar in good standing
• Free consultations
• Clear fee structure
• Good reviews
• Certified specialist if available