Estate Planning FAQs
Evergreen Estate Planning in Mesa, AZ
Estate Planning FAQs
Which is more important – a will or a trust? Are both necessary or is it okay to have just one? How does probate work and is there a way to avoid it? Are there different types of trusts and if so, how do they work? Here, we go through some of the most common estate planning FAQs we hear as your local estate planning experts in Mesa, AZ. If you still have questions after reading through these, contact us today to schedule a FREE consultation.
Do I need a Will or a Trust?
If you want to know if you need a will or a trust, the answer is a solid “it depends,” and it depends on what you’d like to accomplish. Do you want to direct what happens to your estate after you pass? Then you most likely want a Trust. Do you have a modest net worth, possibly less than $75,000, including your home, savings, etc? Then a Will would potentially suit your needs.
What is Probate?
Probate is a legal process that is often required to manage and allocate an estate after someone dies. It is an expensive and time-consuming process, and we want to help your heirs avoid it.
Does a Will help my heirs avoid Probate?
Actually, having a will has the opposite effect on probate. Dying with a Will in place (or without a Will in place [intestate]) often leads to Probate needing to be opened. A will is likely NOT going to help your family avoid probate.
Once my Trust is notarized, am I done?
No, once your trust is signed by you and witnessed and notarized it needs to be funded. Funding is where you transfer items you own that have a title (house, car, golf cart, business, bank account, etc.) into the name of the trust (Example: From Bill Johnson to The Johnson Family Trust).
Are you attorneys?
No, we are estate planners. We partner with attorneys to get your trust written for you and we take care of the rest. We work with you on the front end to gather all the information and communicate your needs to the attorneys. The attorneys then contact you to make sure we have it outlined properly. Then, when the trust is ready, we pick it up and take it to your home or office or meet you at our office to deliver the trust to you.
How long will the process take?
That depends on you. We can expedite your trust and have it done in as few as 3-5 days, but our typical turn around time is 10-15 days.
What happens if I change my mind on successor trustees?
We can update your trust as needed. If someone you included in your trust needs to be revised, we can typically change that for a nominal fee.
Isn't a trust for older people?
Not really. We have done trusts for people as young as 22 and as old as 94 and almost every age in between. A trust is a mechanism to pass on your “stuff” to whomever you designate while avoiding probate. People with minor children want to have a direct say in where their minor children go, business owners want their business to be able to continue on after they pass. There are a number of good reasons why you should set up a trust regardless of your age.
How long is a trust good for?
There are no hard and fast answers here. You should look at your trust every 3-5 years, though, to make sure that it is serving the purpose you want/need it to. Different life events such as a wedding, birth of a child/grandchild, or a death should prompt you to go over your trust again to make sure it’s all valid.
Wills
If you need a simple way to name guardians for your children, appoint an executor for your estate, and/or declare your final wishes, then a will can suffice for your needs.
Trusts
If you want to make it easier on those you leave behind, then you need to create a Trust as part of your Estate Planning. You can pass down your assets and avoid probate.
Power of Attorney (POA)
A power of attorney is a legally binding document that allows you to appoint someone to manage your property, medical, or financial affairs.
Probate
Probate is the lengthy and expensive process of dealing with the estate of a person that passed away without a probate avoidance instrument in place (such as a trust).