Estate Planning Basics: Wills, Trusts, and Power of Attorney
Why Estate Planning Matters
If you die without an estate plan, state courts decide who gets your assets, who raises your children, and who manages your affairs. Estate planning ensures your wishes are honored and your loved ones are protected.
Wills: The Foundation
A will is a legal document that specifies:
- Who receives your assets
- Who cares for minor children
- Who executes your wishes (executor)
When You Need a Will
Everyone over 18 should have a will, especially if you have children, own property, or have significant assets.
What a Will Does NOT Do
A will does not avoid probate—the court-supervised process of distributing assets. Probate can take months and cost thousands in legal fees.
Trusts: Probate Avoidance
A trust is a legal entity that holds assets for beneficiaries. Unlike a will, properly funded trusts avoid probate entirely.
Revocable Living Trust
- You maintain control during your lifetime
- Assets transfer to beneficiaries without probate
- Can be changed or revoked anytime
- Best for: Homeowners, those wanting privacy
Irrevocable Trust
- Cannot be changed once established
- Removes assets from your taxable estate
- Provides asset protection
- Best for: High-net-worth individuals, Medicaid planning
Powers of Attorney
Durable Power of Attorney
Designates someone to handle your financial affairs if you become incapacitated. Without this, courts may appoint a guardian.
Healthcare Power of Attorney
Designates someone to make medical decisions if you cannot. This person should know your values and wishes.
Living Will
Specifies your wishes for end-of-life care, including life support and pain management preferences.
Estate Planning Checklist
Cost of Estate Planning
- DIY will (LegalZoom, Nolo): $100-300
- Attorney-drafted will: $500-1,500
- Revocable living trust package: $1,500-3,000
Conclusion
Estate planning is not just for the wealthy—it is for anyone who wants control over their legacy. The cost of planning is minimal compared to the peace of mind it provides.