FAQS

The government’s estate plan is called Intestacy and your assets will be distributed under State law upon your death. These statutes almost never match how you would have divided your property yourself. Documents to appoint an Administrator must be filed with the Probate Court and their approval must be obtained.

The court will appoint guardians for your minor children. The probate court may appoint a conservator to make decisions about your medical care if you are unable to do so. Without a valid plan all decisions about your estate will have to be approved through the court probate system.

• Who will be the executor of your Will
• Who will be your successor trustee after you
• Who should be the Guardian for your minor children
• Who will make financial decisions for you if you cannot make them yourself
• Who will make health care decisions for you if you cannot make them yourself
• How you want your end-of-life medical care handled
• If you want to make any anatomical gifts at your death (i.e. organ donation)
• How you want your estate to be distributed at your death

A Will is a written document that states who you wish to be the guardians for your minor children and how you would like your assets distributed at your death. A Will names an executor to facilitate the management of your assets during the probate process.

Trusts are a legal construct that allows you to create a separate legal entity to hold your assets. A trustee is named who manages the assets for the benefit of you and your beneficiaries. Revocable living trusts are created and funded during your lifetime and you often name yourself as trustee to maintain control of the assets until your death or incapacity. A testamentary trust is created after your death by a provision in your Will. Trusts are very flexible and there are many different types. The type of trust used is dependent on your specific goals and circumstances.

A Living Trust offers protection should you become incapacitated by allowing your successor trustee to manage your assets without interruption. Please note that even with a Living Trust you should still have a Will known as a “pour-over” Will. These Wills make sure that any assets (which may not be in your Living Trust at the time of your death) “pour-over” into the trust. Your Trust Package will include all of the necessary supporting estate planning documents including a “pour-over will”.

Yes. In fact, most people who create Living Trusts act as their own trustee. If you are married, you and your spouse can act as co-trustees. During your life, you will have complete control over all of the assets in your trust. In the event of your incapacity or passing, your hand-picked successor trustee assumes control over your affairs.

We offer FREE email support to answer these types of questions. We can assist you with making the right decision based on your particular circumstances.

Nope, a living trust can help anyone protect their family! Any person with an estate large enough to require probate upon their passing may derive significant benefit from a living trust

Yes! We can prepare a joint trust along with all the supporting documents for unmarried life partners.

Having some of these documents and info lists together will make your questionnaire or interview a breeze:

• Deed or refinance paperwork for real estate property/properties.
• List of accounts or a statement for each bank account, mutual fund account, stock/brokerage account, retirement account or plan, life insurance policy, annuity, etc. What we need here is account type, last 4 digits of the account number, name of the bank or institution, and a customer service mailing address.
• Contact info for anyone involved in your estate plan (all beneficiaries and agents), including full name, a cell phone number, email, physical mailing address, and, if they are under 18, their date of birth.

The quickest place to start is with our intake questionnaire.

Our questionnaire is designed to make the building of a basic estate plan as easy and economical as possible. Completing the online questionnaire yourself allows you to work at your own pace, ask yourself the important questions and see the plan come together.Please click the appropriate "Get Started" button at the bottom of the page to follow the link to our client intake questionnaire.

Not a techie person? You can also reach out to us via email, phone, or our website contact form to make a phone or video call appointment with Andy where he'll have an intake interview with you, filling out the questionnaire together. Do note that you'll need to have your ducks, or rather, documents in a row to make the interview format easier for everyone! (See "What documents do I need to make my estate plan?" for recommendations).

Yes, a Living Trust is valid in all fifty states, plus the District of Columbia.

Isn’t a Living Trust only for the rich?

A living or a testamentary trust may help save on taxes in certain circumstances.The estate and gift tax laws are complex and fluid. Trusts are flexible vehicles that are often used in tax planning. Your individual situation will determine what trust type, if any will help best preserve your assets.

No. Because you maintain complete control over your assets titled in your Living Trust, those assets are considered available for your use should you have to go into a nursing home.

There are a number of different trust types for a married couple; all of which are typified by the result after the first death. The factors which go into determining the correct type of trust are the size of the estate, the tax laws, the underlying ownership of the trust assets and the comfort level the couple has with the degree of control the survivor should have over the trust.

We are not married; can we still have a Joint Living Trust?

You need to make sure you title appropriate assets in the name of the trust (aka "funding" the trust). Once a trust is created and funded, it remains in place until it is revoked by you or distributed according to its terms. There is no ongoing costs or fees to a living trust, nor is there any separate accounting required. IRS regulations provide that a revocable living trust uses the tax ID number (Social Security Number) of the grantor (creator of the trust), so no tax returns should be filed for the trust. Instructions on how to transfer or title assets into the name of the trust will be provided.

Yes. A non-citizen surviving spouse can be required to pay substantial estate taxes at the first death if a proper estate plan is not in place. Depending on the size of the estate, it may be necessary to have your Living Trust set up as a “Qualified Domestic Trust” to avoid the payment of any taxes at the death of the first of you. The design of your trust will be discussed after your questionnaire is received and you have an introductory meeting with Andy.