COMMON QUESTIONS AND ANSWERS

1. Why do I need a will if I’m not “wealthy”?

A will isn’t just about money—it names who receives your belongings (down to family heirlooms) and who will raise minor children or care for pets. Without one, state “intestacy” laws decide for you, which may not align with your wishes and can delay distribution.

2. What’s the difference between a will and a living trust?

A will takes effect only after you pass away and must go through probate. A living (revocable) trust is effective while you’re alive and can hold title to your assets now, allowing them to pass to heirs privately and—often—without probate court.

3. Does a living trust protect my assets from creditors or nursing-home costs?

Generally, a revocable living trust does not shield assets because you still control them. Asset-protection strategies (like certain irrevocable trusts or long-term-care planning) require very specific structures and timelines—something to discuss with counsel sooner rather than later.

4. How often should I update my estate plan?

Review it every 3-5 years or after major life events: marriage, divorce, birth/adoption, significant change in assets, or moving to another state. Tax laws can also shift, so periodic check-ins keep everything current.

5. What is a Power of Attorney (POA) and why do I need one?

A POA lets you appoint someone to handle financial or legal matters if you’re unable to act. Without it, loved ones may need an expensive, time-consuming guardianship proceeding just to pay your bills or sign documents.

6. Is a “Health Care POA” different from a Living Will?

Yes. A Health Care Power of Attorney designates who can make medical decisions when you can’t. A Living Will (a.k.a. advance directive) states which treatments you do or don’t want—think ventilators or feeding tubes. In many states, both can be combined into one document.

7. Can I download forms online instead of hiring an attorney?

Generic templates may overlook state-specific laws, beneficiary nuances, or blended-family issues. Mistakes often surface only after death or incapacity—when it’s too late to fix them and far costlier for your heirs.

8. What happens to my digital assets—photos, social media, crypto?

Many platforms restrict access without explicit consent. You can include digital-asset directives in your will/trust and name a digital executor so someone you trust can access or transfer those accounts securely.

9. How do beneficiaries receive life-insurance or retirement accounts?

Those assets usually pass by beneficiary designation forms, outside your will or trust. Keeping those forms updated is crucial; the names on file—not the will—control who gets the proceeds.

10. Will my estate owe taxes?

Federal estate tax affects only estates above multi-million-dollar thresholds (indexed for inflation). However, some states levy their own estate or inheritance tax at much lower amounts. Proper planning (like credit-shelter trusts or lifetime gifting) can minimize or eliminate these taxes.

TRUST SPECIFIC Q&A

11. What’s the main purpose of creating a trust?

A trust lets you transfer assets privately, avoid (or streamline) probate, spell out when and how heirs receive money, and—depending on the type—reduce taxes or shield assets from creditors.

12. How do revocable and irrevocable trusts differ?

A revocable living trust stays under your control; you can change or revoke it at any time, but it offers no asset-protection or tax benefits while you’re alive.
An irrevocable trust is generally locked once signed—giving up control can lower estate-tax exposure and may protect assets from certain creditors or long-term-care costs, but only if structured correctly and early enough.

13. Will my assets still go through probate if they’re in a revocable trust?

No. Assets properly retitled (“funded”) into the trust pass directly to your beneficiaries through the trustee, not through the probate court. Anything left outside the trust may still face probate, which is why a pour-over will acts as a backstop.

14. Who should serve as my trustee—and can that change?

You can act as your own trustee while you’re alive and competent, then name one or more successor trustees (individuals or corporate) to step in at incapacity or death. You can also appoint co-trustees or different trustees for different stages.

15. How is my incapacity determined so a successor trustee can take over?

Trust documents often reference two licensed physicians (or one physician plus a family member) who must sign a written statement of incapacity. Some clients prefer a “disability panel” or require certification from their primary doctor alone. The definition is customizable.

16. Do I need a pour-over will if I already have a trust?

Yes. A pour-over will captures any assets you forget to fund into the trust and “pours” them in at death, so nothing is left unmanaged. It also names guardians for minor children—something a trust can’t do in most states.

17. Can a trust reduce estate or inheritance taxes?

Possibly. Credit-shelter (bypass) trusts, QTIP trusts, and irrevocable life-insurance trusts (ILITs) can leverage the federal exemption or defer tax for a spouse. State-level estate or inheritance taxes may call for additional planning, especially in low-exemption states.

18. How can a trust protect a beneficiary who is young, has special needs, or spends recklessly?

The trust can stagger distributions by age, require milestone achievements, or give the trustee discretion to pay bills directly rather than hand over cash. A special-needs (supplemental) sub-trust preserves eligibility for SSI or Medicaid while still enhancing quality of life.

19. What assets should (and shouldn’t) be titled to my trust?

Commonly funded assets include real estate, non-qualified investment accounts, bank accounts, and business interests. Retirement accounts (401(k), IRA) usually stay in your name but list the trust—or better, individual beneficiaries—on the designation forms because of tax rules.

20. How often should I review or update my trust?

Check it at least every 3–5 years or whenever you experience a major life change: marriage, divorce, birth/adoption, significant asset change, or a move to a new state. Tax-law shifts are another cue to revisit the terms.

HEALTHCARE Q&A

21. What is a Health Care Power of Attorney (HCPOA)?

An HCPOA lets you appoint someone—called your health-care agent or proxy—to make medical decisions if you can’t communicate. Think of it as naming a “backup decision-maker” for doctors to turn to when you’re unconscious or cognitively impaired.

22. How is a Health Care Power of Attorney different from a Living Will?

A living will (a.k.a. advance directive) spells out which treatments you do or don’t want—ventilators, feeding tubes, CPR—under specific end-of-life conditions. A HCPOA names who can decide on all medical issues, even ones not covered in a living will. Most states let you combine both directives in a single document.

23. Why do I need these documents if I’m married—won’t my spouse decide automatically?

Not always. Some hospitals require written proof of authority, especially for serious or experimental treatments. Without a formal HCPOA, your spouse may need a court order to act, causing costly delays just when time is critical.

24. What happens if I don’t have a health-care agent and can’t speak for myself?

State “default-surrogacy” laws kick in—typically spouse first, then adult children, parents, siblings—but a doctor may still request court confirmation if family members disagree. Creating an HCPOA avoids that uncertainty and family stress.

25. Can I name more than one person as my health-care agent?

Yes. You can:

• Name a primary agent plus alternates (most common), or

• Appoint co-agents who must act jointly—though joint decision-making can slow things down. Your lawyer can draft tiebreaker language if you choose co-agents.

26. What is a HIPAA Authorization, and do I need it if I have an HCPOA?

A HIPAA release lets doctors share your medical information with the people you list—often the same individuals named in your HCPOA. Many attorneys bundle both forms because an agent armed with decision-making power still needs legal access to records.

27. How do Do-Not-Resuscitate (DNR) orders and POLST forms fit in?

• A DNR tells medical staff not to perform CPR if your heart stops.

• A POLST (Physician Orders for Life-Sustaining Treatment) is a doctor-signed order covering CPR and other interventions (ventilation, antibiotics, feeding tubes).
  These are medical orders, usually created with your physician, and complement—but don’t replace—your living will or HCPOA.

28. Can I include mental-health treatment instructions?

Many states allow a separate psychiatric advance directive or let you add mental-health provisions to your HCPOA—covering consent for medications, hospitalization preferences, and which hospital you’d prefer if inpatient care is needed.

29. How often should I review or update my health-care directives?

Every 3–5 years or after major life events: marriage, divorce, diagnosis of a serious illness, or when your chosen agent moves far away or is no longer able to serve. Also re-sign if you change states; forms differ widely.

30. Where should I store these documents, and who needs copies?

Keep the originals in a safe but accessible place (not a locked safe-deposit box). Give copies to:

• Your named health-care agent(s)

• Your primary doctor (ask them to scan it into your chart)

• Key family members or close friends
  Consider uploading a digital copy to a secure online portal if your state offers one or using a medical-alert wallet card that notes your agent’s contact details.