Do I need a Will or Trust?

If you own property that has a title (like a home or car) and have not made arrangements to have those assets pass by operation of law, it is recommended that you have a Will or Trust to avoid your loved ones from having to open a probate, or go to court to have assets of your estate distributed by small estate affidavit.

Additionally, if you have minor children, a Will is recommended to nominate a guardian for your children.

Should I place my checking account in my Trust?

We typically recommend that you leave your checking account out of the Trust. If it is in the Trust, you must sign each check "[Your Name], Trustee of the [Name of Your Trust]. If you do write a lot of checks, this is cumbersome; if you do not, it may be hard to remember.

That said, if you regularly keep large amounts of cash in your checking account, put it in the Trust so that you do not exceed the $75,000 (cumulative) amount that pours over through your Will into your Trust for assets that are not in your Trust on the date of your death. If you exceed this amount, your Personal Representative will have to open a probate to transfer the assets, thereby defeating many of the benefits of establishing a Trust.

Should the Agent I appoint to make medical decisions (HPOA) be the same Agent I appoint to make financial decisions (DPOA)?

It depends. The person you appoint to make medical decisions on your behalf if you are incapacitated should agree with your wishes and desires as to what medical care you would like to receive, or would not like to receive, in the event of a catastrophic illness or accident.  Someone who has the fortitude to make a difficult decision, if necessary.

The person you appoint to make financial decisions on your behalf if you are incapacitated should be fiscally responsible, trustworthy, and in agreement with your financial goals and strategies.  These are very different skill sets and may not be the same person. 

Where do I find the legal description for my home?

When you purchased your home, a deed was recorded with the County Recorder’s Office in the county where the property is located. The legal description of your property is not the same as your street address. Instead, it is a formal description used to identify the property’s exact boundaries and location.

You can typically find the legal description in the body of the recorded deed, often midway through the document, or attached as Exhibit “A.” It may include metes and bounds (a surveyor’s method of describing land by listing its measurements and boundaries) or reference a lot and block number from a recorded plat map. See the video on this website for additional explanation.

What happens if I buy a DIY Will or Trust through your website and then decide that I need a custom Will or Trust?

If you contact us withing 30 days of purchase we will happily apply your payment for the DIY Will or Trust to a custom Will or Trust.