EP

Protect Your Family's Future with Estate Planning

Wills · Trusts · Power of attorney · Healthcare directives · Probate

Overview

Estate planning is one of the most important things you can do for the people you love. Without a plan, your assets may pass through probate — a costly and time-consuming court process — and your wishes may be ignored. A properly drafted will, trust, and set of directives ensures your property goes to who you choose, your minor children have named guardians, your healthcare wishes are honored, and your family is spared unnecessary legal battles during their most difficult time.

A complete estate plan typically includes a last will and testament, a revocable living trust (for larger estates), a durable power of attorney for finances, a healthcare power of attorney, and an advance healthcare directive (living will). Estate planning attorneys also advise on minimizing estate and gift taxes, protecting assets from creditors, planning for special-needs beneficiaries, and business succession.

Important: Lawyer Lead Center is a legal referral service, not a law firm. The information on this page is for general informational purposes only and does not constitute legal advice. Results vary depending on the facts of your case, applicable law, and the attorney you retain. Consult a licensed attorney in your state for advice specific to your situation.

Key Reference Information

DocumentWhat It DoesWho Needs ItWithout It
Last Will & TestamentDirects asset distribution + names guardianEveryone with assets or childrenState intestacy laws decide
Revocable Living TrustAvoids probate, manages assetsEstates $150K+ or complex assetsProbate court required
Durable Power of AttorneyAgent manages finances if incapacitatedAll adultsCourt guardianship required
Healthcare Proxy / HCPOAAgent makes medical decisionsAll adultsFamily conflict / court
Living Will / Advance DirectiveStates end-of-life treatment wishesAll adultsWishes may be ignored

Frequently Asked Questions

Do I need a trust or just a will?+
A will directs asset distribution but goes through probate court. A revocable living trust avoids probate, keeps your affairs private, and provides seamless management if you become incapacitated. Your attorney will recommend the right combination based on the size and complexity of your estate.
How often should I update my estate plan?+
Review your plan after major life events: marriage, divorce, birth of a child or grandchild, death of a beneficiary or executor, significant change in assets, or a move to a different state. A general review every 3–5 years is also recommended.
What happens if I die without a will?+
You die 'intestate' and your state's intestacy laws determine who inherits your assets — typically your closest relatives in a fixed priority order. Your unmarried partner, friends, and favorite charities receive nothing. Guardianship of minor children is decided by a court.
Can I write my own will?+
Handwritten (holographic) wills are valid in about half of states if properly signed and witnessed. However, a will drafted without an attorney is much more likely to be challenged or have errors that cause unintended consequences. Professional drafting is worth the cost.
What is probate and how do I avoid it?+
Probate is the court-supervised process of validating your will and distributing your estate. It is public, can take 6 months to 2+ years, and costs 3–7% of the estate. Revocable living trusts, joint tenancy, beneficiary designations, and payable-on-death accounts are common ways to avoid probate.