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Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Good to know! You’re doing great.

Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Okay! You’re good at this.

Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Okay! We’re making great progress.

Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Noted! Just a few more questions.

Do you want to decide how your property is distributed when you pass away?

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Sounds good! We’re almost done.

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Sounds good! We’re almost done.

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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All done! Based on your answers, we recommend:

Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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All done! Based on your answers, we recommend:

Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

Estate Planning Basics: Comprehensive Overview

An estate planning overview will give you a better idea of what to expect. You should familiarize yourself with the basics of wills, trusts, living wills and/or health care directives, probate, and general estate administration tasks.

Table of Contents

Estate planning changes depending on your stage in life. You may be thinking of your own future or suddenly be affected by someone’s estate plan. You may be preparing for end-of-life care, are the surviving spouse, or stepping in as a health care proxy for a loved one. You might be named the executor of a parent’s estate or be sorting through an unplanned estate with no will. You could be the named beneficiary of an estate in a will but are curious about planning strategies to avoid probate.

Many things come into play with an estate plan. Life insurance policies, state laws and exemptions, federal estate tax, retirement accounts, and tax planning are key financial tasks on one side of estate planning.

The other side is more personal. Making funeral plans, planning financial gifts and sentimental items to pass on, choosing someone you trust for end-of-life medical care, and other similar choices can be emotional.

Being informed can help bring peace of mind. Estate planning is the most essential way to prepare for future incapacity, reduce liabilities to your wishes, and clarify your bequests. No one wants to think about these choices — but it is the best way to care for your legacy and loved ones.

Last Will and Testament

After a loss, your last will and testament can help make the transition as painless as possible for your loved ones. Your property will be transferred quickly, and many tax burdens can be avoided.

A will is a legal document that typically:

  • Describes the estate, including money, property, real estate, bank accounts, IRAs, and more
  • Names individuals who will receive specific property (called beneficiary designations)
  • Spells out any special instructions you may have
  • Nominates a responsible individual (called an executor) to oversee the duties related to the estate’s administration

Depending on your wishes and the size of your estate, your will could be anywhere from a single page to a lengthy document.

Health Care Directives and Living Wills

While a will allows you to express your financial and property wishes once you’re gone, a living will or health care directive expresses your health care preferences while you’re still alive.

With a living will, you’ll be able to designate the medical treatment you wish to receive, should you become unable to communicate your wishes due to illness or incapacitation.

On the other hand, a health care power of attorney allows you to designate a person who can make medical or end-of-life decisions on your behalf.

Financial Power of Attorney

You will explain your accounts, retirement plans, and current financial situation in your will. An executor will make sure these wishes are followed. A financial power of attorney is different.

You can choose someone to act in your financial interests at any time (nondurable power of attorney) or if you are incapacitated (durable power of attorney). Some states have guidelines on who this person can be, but generally, you can pick anyone you trust.

Trusts and Revocable Living Trusts

Trusts are another estate planning tool you can use to manage your property and avoid tax burdens. A trust can either be created during a person’s lifetime or after death by a will.

There are a number of different types of trusts serving a wide range of functions. An asset protection trust, for example, is designed to protect a person’s assets from future creditors. On the other hand, a charitable trust is used to benefit a particular charity or cause. A special needs trust can financially protect someone needing additional care throughout their lives.

Probate and Taxes

If a loved one dies without a will, probate could be necessary. Probate is the court-supervised process of sorting out a deceased person’s affairs. It may be important for you to find professional help during this process.

An estate planning attorney will be able to guide you through the probate process and represent your interests in court. They can also discuss tax law, gift tax, and other considerations for handling your finances and property.

Ready to Start Your Estate Plan?

FindLaw has partnered with experienced attorneys to create estate planning forms you can complete quickly and easily from the comfort of your home. Don’t delay in protecting your assets, children, pets, and healthcare wishes with these forms:

For complex estates, you may need to consider finding and speaking with a local attorney.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Ally_Marshall_image

Reviewed by:

Ally Marshall, Esq.

Managing Editor