Category: Estate Planning

At what age should someone start Estate Planning?

Estate planning is the process of organizing and managing one’s assets and property in order to ensure that they are distributed according to their wishes after they pass away. It is an important process that should be started as early as possible in order to ensure that one’s assets are protected and distributed in the way that they intended.


The age at which someone should start estate planning can vary depending on their individual circumstances.

However, it is generally recommended that individuals start estate planning as soon as they have assets and property that they wish to protect and distribute. This can include things like a home, savings accounts, investments, and other valuables.


One of the main reasons to start estate planning early is to ensure that one’s assets are protected in case of unexpected events such as illness or injury. By creating a will or trust, individuals can ensure that their assets are distributed according to their wishes, rather than being subject to the laws of intestacy, which dictate how assets are distributed when there is no will or trust in place. Additionally, estate planning can help to minimize taxes and legal fees, and can help to ensure that loved ones are taken care of in the event of an individual’s passing.

Another reason to start estate planning early is to ensure that one’s assets are distributed in a way that is most beneficial for their loved ones. This can include setting up trusts for children or beneficiaries with special needs, or creating a plan to ensure that assets are distributed in a way that is most beneficial for the individual’s family or charitable causes.

Additionally, estate planning can help to ensure that individuals are prepared for unexpected life events such as long-term care or disability. By creating a power of attorney and advanced healthcare directive, individuals can ensure that their healthcare and financial decisions are made by someone they trust in the event that they are unable to make these decisions themselves.

One important aspect of estate planning is to have a will or trust in place. A will is a legal document that outlines how an individual’s assets should be distributed after their death. It also allows the individual to name an executor to handle the distribution of assets. A trust is a legal entity that holds assets for the benefit of one or more beneficiaries. It can be used to minimize taxes, protect assets from creditors, and ensure that assets are distributed according to the individual’s wishes.

Another important aspect of estate planning is to have a power of attorney in place. A power of attorney is a legal document that allows an individual to name someone to make financial and healthcare decisions on their behalf in the event that they are unable to do so themselves. This can include things like managing bank accounts, paying bills, and making healthcare decisions.

Advanced healthcare directives are also an important aspect of estate planning. These are legal documents that outline an individual’s wishes for healthcare in the event that they are unable to make these decisions themselves. This can include things like end-of-life care, organ donation, and other healthcare decisions.

In summary, estate planning is an important process that should be started as early as possible in order to ensure that one’s assets are protected and distributed according to their wishes. It is recommended that individuals start estate planning as soon as they have assets and property that they wish to protect and distribute. This can include things like a home, savings accounts, investments, and other valuables. Additionally, estate planning can help to minimize taxes and legal fees, and can help to ensure that loved ones are taken care of in the event of an individual’s passing. It also allows individuals to have control over their healthcare and financial decisions in case they become incapacitated. With the help of an attorney, individuals can create a comprehensive estate plan that will ensure that their assets are protected and distributed according to their will.

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Why is a Will Important, Explained!

A will is an important legal document that allows an individual to specify how they want their assets and property to be distributed upon their death. It is a crucial tool that enables a person to ensure that their loved ones and beneficiaries are taken care of and that their final wishes are respected.

One of the main reasons why a will is important is that it ensures that your assets are distributed according to your wishes. Without a will, the distribution of your assets will be determined by the laws of your state, which may not align with your desired outcome. A will allows you to specify who should receive specific assets, such as your home, car, jewelry, or other personal property. This ensures that your loved ones will receive the assets that you intended for them to have, rather than having a court decide.

Another reason why a will is important is that it allows you to appoint a guardian for your minor children. If you have children under the age of 18, a will allows you to specify who should take care of them in the event of your death. This is particularly important if you are a single parent or if your spouse or partner is unable to care for your children. By appointing a guardian in your will, you can ensure that your children will be taken care of by someone you trust and who shares your values.

A will also enables you to avoid probate, which is the legal process of settling an individual’s estate after their death. Probate can be a long and expensive process that can take months or even years to complete. With a will, your assets can be distributed according to your wishes without the need for probate. This can save your loved ones a significant amount of time and money, as well as reducing the stress and uncertainty that can come with probate.

Additionally, a will also enables you to make charitable donations or leave money to a specific cause. If you have a cause or organization that you are passionate about and want to support, a will allows you to leave a donation or specific assets to that organization. This can be a great way to make a lasting impact and to leave a legacy that aligns with your values and beliefs.

Lastly, a will is important because it allows you to make specific funeral and burial arrangements. Many people have specific preferences for their funeral and burial services, such as cremation or a specific type of service. A will allows you to specify these preferences and ensures that your loved ones will carry out your wishes.

In conclusion, a will is an important legal document that enables an individual to specify how they want their assets and property to be distributed upon their death. It ensures that your assets are distributed according to your wishes, allows you to appoint a guardian for your minor children, enables you to avoid probate, enables you to make charitable donations or leave money to a specific cause, and allows you to make specific funeral and burial arrangements. Without a will, your loved ones may be left with uncertainty and stress, and your assets may be distributed in a way that does not align with your wishes. It is essential that every individual creates a will to ensure that their loved ones and beneficiaries are taken care of and that their final wishes are respected.

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Why is a Will Important? In Simple Words!

In simple terms having a Will written out is important.

A will is a legal document that outlines how a person’s assets will be distributed after they die. It is an important document because it ensures that a person’s wishes regarding the distribution of their assets are carried out. Without a will, the distribution of assets will be determined by state laws, which may not align with the deceased person’s wishes.

One of the primary reasons a will is important is that it allows a person to make specific bequests to loved ones and charities. For example, a person may want to leave a specific piece of property or a certain amount of money to a specific family member or friend. A will allows them to do so and ensures that those assets will be distributed according to their wishes.

Another important aspect of a will is that it allows a person to name an executor. The executor is responsible for managing the deceased person’s assets, paying off any debts and distributing the remaining assets according to the will. This is important because it ensures that the deceased person’s assets will be managed by someone they trust, rather than a court-appointed administrator.

A will also allows a person to name a guardian for their minor children. If a parent dies without naming a guardian in their will, the court will make the decision as to who will raise the children. This can lead to family disputes and can be a difficult process for the children. By naming a guardian in a will, the parent can ensure that their children will be raised by someone they trust.

Another important aspect of a will is that it allows a person to avoid probate. Probate is the legal process through which a court oversees the distribution of a person’s assets after they die. It can be a time-consuming and costly process. However, if a person has a will, their assets can often be distributed without going through probate. This can save time and money for the deceased person’s loved ones.

In addition to the above reasons, a will also allows a person to make specific provisions for the care of pets, and make arrangements for the management of their digital assets such as social media, emails, cloud storage etc.

In conclusion, a will is an important legal document that ensures that a person’s assets will be distributed according to their wishes, rather than state laws. It allows a person to make specific bequests, name an executor and guardian, avoid probate, and make arrangements for the management of their digital assets. It is a crucial step in planning for the future and protecting the interests of loved ones.

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The Fundamentals of a Legal Will and Trust that Nobody Explains

Estate Planning Fundamentals

I’m glad you’re interested in learning more about creating a Legal Will and Trust. This can be a confusing topic. Lawyers and educational websites throw around words like “estate” “probate,” “executor,” and “personal representative” without giving you a clear understanding of what these terms mean.

So before delving into why having a Will and Trust is so important, I want to discuss some basic principles that surprisingly few people truly understand. Once you understand these concepts, you see why having a Will and Trust is so crucial.

Will and Trust - What is an “Estate” and why do they exist?

What is an “Estate” and why do they exist?

Pretty much everyone has heard the word estate and knows it’s something you need to deal with when someone dies.  But what is it? 

Think about it this way.  Assume I buy a laptop computer.  The computer now belongs to me.  But who owns the computer if I were to suddenly die?  There are ways to figure out who will ultimately get the computer, but who owns the computer in the meantime? 

The answer is (you guessed it) my “Estate.”  

Think of an Estate as something like a corporation (a fictitious “person” or entity) that springs into existence the moment the last drop of life ebbs from your body.  You see lawyers can’t have things floating around without an owner, so they invented the Estate.  And the job of the Estate is to instantly own everything that a person used to own at the moment of their death. 

Those assets then stay assets “assets of the Estate” (i.e., assets owned by the estate of the person who just died) until we can figure out which assets go to which people.  The Estate also owns something else of yours; all of your DEBT.  That means that if I owed my friend, Shylock Sam, $100 at the moment of my death, the Estate may have to sell the laptop in order to have money to pay back ol’ Sam.

Will and Trust - What is an “Executor” or “Personal Representative?”

What is an “Executor” or “Personal Representative?”

You just learned that an estate is similar to a corporation.  There is a whole set of laws in each state that dictate what corporations can and cannot do and what rights it has.  The same thing is true for an Estate.  And just as the president or CEO is in charge of a corporation, the Executor or Personal Representative is in charge of an estate.  It’s a position that can wield a lot of power and also carries a significant amount of responsibility. 

Executors are responsible for seeking out every asset that was owned by the deceased person at the moment of their death.  And just so you know, the words “Executor” and “Personal Representative” mean exactly the same thing.  Different states have just adopted using one or the other.

Will and Trust - Probates

What is Probate?

Now that you understand what an estate is and why it exists, you may have figured out that the process of applying the laws to the Estate is called probate.  Let’s go back to my laptop computer example.  I just died so my Estate now owns my laptop. 

Now we need to know a whole bunch of things.  What assets other than the computer does my estate own?  Who’s going to be the Executor? Is there a Will?  What debts are owed?  And the list goes on and on.  One of the first rules that apply to Estates is that paperwork needs to be filed with the court.

With probate, an attorney needs to be hired to draw up legal papers that need to be filed with the court together with filing fees.  A judge has to approve the Executor named in the Will or, if there is no Will, determine who has that right under the law. 

Assets need to be cataloged, creditors need to get notified (alerted), and family members (whether or not named in the Will) need to be notified.  And again, the list goes on and on.  Having a Will can answer any questions the court will need to know like who you want to be in charge (the Executor), who you want to receive your assets, etc.   

This isn’t a full description, but I hope you see why most people want to avoid the probate process. Many people think that having a Will avoids the need to go through Probate, but it doesn’t.  It simply governs the assets inside your estate.  In addition, if an asset doesn’t become part of your Estate, your Will has no power to direct where that asset goes.

Create a Will and Trust easily using your mobile phone here. 

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