Trust & Will Help and FAQ
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Straight forward answers to common estate planning questions.
How do I make changes?
Life changes and your estate plan should evolve with you. It's easy to make changes to your documents to ensure your plan stays up to date. It's a good idea to revisit your plan every few years and after any major life events. Births, deaths, changes in marital status, and changes in residency are all great reasons to check in on your estate plan. Here's how: To make a change before purchase: After you complete all questions, you can still make updates and edits. Just hea
How do I make updates?
To make an update or edit your documents, simply head to the Summary page, scroll down to whatever you want to update, and click on it. That will take you back to the relevant questions where you can change or update your answers. When you've updated, just be sure to click the Next button to proceed as that will submit your update. You can request a shipment* of the latest version of your documents or download + print your documents by select Documents > Download All *Re-shi
What is an Executor?
An Executor is a person or institution appointed by a court to be responsible for carrying out the terms of your Will and overseeing the administration of your estate. The duties and responsibilities of an Executor may vary by state and by the particular estate at issue, but generally include: Interacting with the probate court (or other court with jurisdiction over probate proceedings) Identifying and taking control over probate assets, such as bank accounts, accrued salary; per
What is your refund policy?
We want you to be 100% satisfied with your documents and your experience. If you are unsatisfied with your completed documents contact us to request a refund within 30 days of your purchase. We make it easy to try out the process and make sure Trust & Will is right for you before making any purchase. You can create an account, enter all information, and see previews of your completed documents before payment information is required. If you have any questions, please reach out before you pur
Who should I name as my agent under my Power of Attorney?
Your agent may have broad powers to act on your behalf. While there are safeguards in place to prevent agents from abusing and misusing these powers, the relationship between you and your agent relies on TRUST. You may want to select someone that you trust and someone that you believe is capable of acting in your place, if necessary. Family members may be a good option for some people, but close friends may be a better option for others. You may also consider the tasks your agent may need
Can I make changes after my Will is executed?
Yes! And we highly recommend keeping your Will and estate plan up to date. It's a good idea to revisit your estate plan every couple of years and after any big life events. Births, deaths, marriages, and divorces are all reasons to take a look at your estate plan. We make it easy to make updates to your estate plan. You just need to sign in, make any changes you want, and then get your updated documents ready to sign. Do I need to sign the new documents again? Yes. Th
What is a living will?
What is a living will? A Living Will is how you express instructions and preferences about healthcare and medical treatment. It's generally used if there is ever a time when you can't make decisions for yourself. A Living Will is one part of an Advance Health Care Directive, which also includes a Medical Power of Attorney. You can learn more about Advance Health Care Directives here(http://help.trustandwill.com/frequently-asked-questions/healthcare/what-is-an-advance-health-car
What are Health Care Agents?
A Health Care Agent is someone who makes healthcare decisions for you if you are not able to make decisions for yourself. A Health Care Agent is appointed in the Medical Power of Attorney portion of your Advance Health Care Directive. You can learn more about Advance Health Care Directives here. A Health Care Agent may also be known as a Health Care Proxy, Su
What if I get married or divorced?
Life changes and this can be one of the most common reasons to update an estate plan. Do I need to update my estate plan after marriage or divorce? It's usually a good idea to review your estate plan after any major life changes -- births, deaths, marriages, or divorces all included. What happens if I don't update my docs after marriage or divorce? State laws may determine what happens if you do not update your estate plan after a major life event. These state la
What is a Will?
Simply put, a Will is a written document that provides requests and instructions for what to do with your estate—assets, social media, crypto, etc—after you've passed away. Your Will can handle several important functions: Your Will nominates an Executor who will be responsible for administering your estate and carrying out the provisions of your Will. Your Will may nominate a Guardian for your minor children, ensuring that your children will be in safe and trusted hands.
Duties and Powers
Duties and Powers It ALWAYS depends on state law and the terms of the power of attorney State laws provide default rules about what an agent can and cannot do, but you may choose specific rules expanding or restricting those powers. You may give your agent very broad powers or you may restrict your agent to handling a very small set of tasks for you. You may also choose when your agent can exercise these powers, such as restricting the powers so they are only e
How do I access my documents?
After you create documents through Trust & Will, you can access each of the documents you have available on the Documents page in your account. You can download PDF copies of any or all of these documents and you can access these any time you log into your account. You can also request shipping for these documents to receive a hard copy version -- we provide a complimentary shipment of our Wills and Trusts. Need to make a change? Easy! Just log in, make the changes you want, and you'l
Who can and can't be a Witness?
Witnesses are often a key component of making a Will valid and legally effective, and you must follow your state-specific instructions provided with each of your documents. These people usually should not be a witness: Anybody named in your Will—executors, guardians, gift recipients, etc Immediate family members Minors What should you do? A great place to find witnesses is wherever you go to notarize your documents (UPS Store is common). So
What is a Guardian for my Children?
A Guardian is someone appointed to be responsible for a minor. Typically, if one parent dies or is unable to care of a minor child, then the other parent assumes sole responsibility. If both parents die or if neither parent is able to care for the minor child, it may be necessary to appoint a Guardian. Typically, a Guardian must be appointed or confirmed by a court. In considering who to appoint as Guardian, courts look at the best interests of the minor, but generally give significant wei
How long does it take?
Most people complete their Will or Trust in about 15 minutes. Guardian can take as little as 5 minutes. Come back and update anytime
What if I don’t want to give anything to a child?
There are many reasons you may consider leaving a child out of your estate plan. Maybe you have made other provision, like making one child the beneficiary of your life insurance plan. Maybe you don’t have a relationship with a child or don’t want to leave assets to your children that would discourage them from pursuing their own productive careers. Whatever the reason, you may choose to disinherit a child from your Will. However, some states limit the ability to disinherit children
Who should I nominate as Executor?
Your Will may nominate an Executor to manage your estate.. What is an Executor? An Executor has significant responsibilities related to the management and administration of the estate. These responsibilities can be a large undertaking and, in some cases, may be comparable to running a business. This may be a lot to handle for some people, particularly if you consider that this all takes place while grieving a death. Things to consider when choosing an Executor:
Do I need a Will?
Everyone should have a Will. A Will allows you to select who will take care of your family and pets, who will manage the administration of your estate, and who will receive assets from your estate. Every state has default laws that control what happens if you die without a Will. Unfortunately, these default laws often conflict with what you would want to for your family and loved ones. Dying without a Will and relying on the default rules may lead to conflicts, disagreements, an
What does it mean to be a Trustee?
A trustee can be considered something like a manager or a CEO of a trust. With that role, a trustee has a legal duty to administer the trust consistent with the terms of the trust and the laws applicable to the trust. Failing to carry out these duties could result in legal trouble for the trustee! Some of these duties are intuitive—a trustee is responsible for managing trust assets, keeping trust records, and making distributions from the trust when required. Some trustee duties are le
Is an online Will right for everyone?
Everyone should have a Will and an online Will helps fill that need by making it accessible, affordable, and simple to complete. We've built technology and paired it with amazing customer support to help you complete your Estate Plan. An online Will can be easier and more affordable than an attorney. We also have Online Trusts to consider, if a Will isn't a good fit. Some people, usually with >$8M in assets, tend to find a local attorney can help with taxes and complexity of their estate. W
Signing a Will makes it legally binding.
Signing a Will makes it legally binding. Signing the Will is an easy process and is must be completed to make the Will legally binding. Learn more about signing your Will. What should I do once my Will is signed? Store in a safe place Notify some loved ones of where to find it Update it every couple of years or after life changes Having a di
What is an Estate Plan?
What is an Estate Plan? An estate plan is a collection of one or more documents that give instructions related to your death and your desires for your kids and pets, the disposition of your estate, and your final arrangements. What documents are part of an Estate Plan? An estate plan can come in various forms. Most estate plans involve one key document and may involve other supporting documents. A key document may be a Will, a trust, or a guardian designation
What is HIPAA?
What is HIPAA? The Health Insurance Portability and Accountability Act of 1996, or HIPAA, is a federal law with significant impacts on healthcare and health insurance. One of those impacts was the development of privacy protections for medical records. Under HIPAA, your personal health information is generally protected from disclosure to third parties, except as you authorize or as required by law. What is a HIPAA Authorization? A HIPAA Authorization is a document au
Most states have protections in place to ensure that a spouse receives some support from you.
Most states have protections in place to ensure that a spouse receives some support from you. Even if you leave your spouse out of your Will, state law may still give your spouse some benefits from your estate. For example, in some states, a spouse may elect to take a portion of your estate, even if your Will expressly excludes the spouse. In other states, a spouse may continue to reside in the primary residence, even if you leave it to someone else. These rules can va
How much does an Estate Plan cost?
Estate Plans are not 1 size fits all. We offer 3 different options based on your unique life situation and what's best for you. Guardian $39 for an individual and $69 for married couples. Our most basic plan for parents with minor children who aren’t ready to create a complete Will. Will Just at $89 for an individual. Married? You can add documents for your spouse for just $70 more ($159 total). A plan for who will look after your children and what should happen to your assets, if
Who should I nominate as Guardian for my Pets?
Your Will may nominate a Guardian to receive custody (or ownership) of each of you pets. What is a Pet Guardian? This Guardian will be responsible for caring for your pet and covering any associated expenses, such as food and veterinary care. These are significant undertakings, so it is important to select someone that you trust to care for your pet and someone that you believe is willing and able to take on those responsibilities. Do they need to accept to be the Gua
Congrats! Somebody potentially trusts you with their children.
Congrats! Somebody potentially trusts you with their children. Being nominated as a Guardian is a tremendous testament to your character and your relationship with the person that nominated you. Guardians have one of the most important responsibilities—caring for a minor child if the parents die. How is a guardian nominated? A Guardian may be nominated by a parent in a Will or other estate planning document and, after a parent passes, a court typically must approve the
What is an Advance Health Care Directive?
What is an Advance Health Care Directive? An Advance Health Care Directive lets you specify your preferences for medical care and lets you nominate someone to make healthcare decisions for you. An Advance Health Care Directive has two parts: 1) a Living Will and 2) a Medical Power of Attorney. The Living Will is where you specify your preferences for health care and medical treatment. You can specify these preferences in advance so they are known if you are later unable t
What is a joint trust?
Our software creates a joint trust for spouses living in a community property state. A joint trust is a single trust document that covers both spouses. The trust provides provisions for what happens on the death of each spouse. Our documents are designed around a joint trust approach for several reasons. A joint trust can be easier to create and manage in a community property state. A joint trust avoids the complexities of splitting community property into separate parts to be held in sepa
How do I save?
All of your information is saved automatically as you answer each question. Simply select the "Next" button for your info to be saved. You can sign back into your account when you return and you can pick up then.
What information do I need to prepare a Will?
It's pretty easy to create a Will with Trust & Will. You probably already know everything you'll need to complete the process in 15 minutes. You provide the following information: Basic information about you, your family, and your pets Who you want to be the Guardian to take care of your children and pets, if applicable Who you want to be the Executor to administer your estate and carry out your Will Who you want to receive your estate and whether you want to m
What is Community Property?
Community property is a form of property ownership used for some property owned by spouses. Only some states recognize community property and the specifics vary a little in those states. With community property, each spouse has an ownership interest in the property. That is often true even if only one spouse's name is on the title. Community property generally includes assets earned or acquired during marriage. Income is a common example of something that may be community property, ev
What if I have children after I create my estate plan?
We built Trust & Will so all changes to your documents are incredibly easy. Simply login, edit the section, and reprint/reorder the documents. When should I update my docs? Changes in life circumstances are a great reason to revisit your estate plan and see what changes may be necessary. However, if you do not update the documents, state laws determine what happens if you have changes in your life circumstances after you create your Will. What if my kid isn't in my Will
What is a Digital Executor?
What is a Digital Executor? A Digital Executor is a person responsible for accessing and managing your digital assets after your death. What is a Digital Asset? A digital asset can be a wide variety of electronic records and files that may be stored online, on mobile devices, or on personal computers. May include: Social media accounts—Facebook, Twitter, Snapchat, etc. Email or other online communication—Gmail, Yahoo Mail, etc. Photos or vi
What is a Digital Asset?
What is a Digital Asset? A digital asset can be a wide variety of electronic records and files that may be stored online, on mobile devices, or on personal computers. May include: Social media accounts—Facebook, Twitter, Snapchat, etc. Email or other online communication—Gmail, Yahoo Mail, etc. Photos or videos—iCloud, Flickr, etc Airline loyalty points—AA, Southwest, etc. Digital music or artwork May not include: Underlying fin
What do I need to do to make my Will legally effective?
After you create your Will, you will need to sign it to make it legally valid. We provide simple and clear instructions to make it easy to make your Will legally effective Each state has its own specific laws, but it's usually as simple as: Signing the document With two witnesses And a notary The specific requirements vary a little by state, but it really is that simple. If you start your Will right now(https://tr
What is "per stirpes" and how does that affect distributions to my children?
If you choose to distribute assets to your children, you may see your Will reference per stirpes. Per stirpes is a legal term that describes how assets are divided and distributed. Distributions made per stirpes mean each branch of your family receives an equal share. An example may help give it some meaning. Let's say you have three children. Distributing assets to your children would mean each child receives equal 1/3. That's pretty simple. What if one of those children is dec
Who should I nominate as Guardian for my Children?
We can't (and shouldn't) tell you exactly who to choose as a Guardian for your children, but we can outline things to consider in the decision. What is a guardian? A Guardian has responsibility for the physical custody and care of a minor child and/or the management of the financial affairs of a minor child. While Guardians typically must be appointed or confirmed by a court, nominating a Guardian lets the court consider your preferences in determining who to appoint as Guardian
Who should I leave specific gifts to? What type of specific gifts should I leave?
Leaving a specific gift in your Will is a fantastic idea. Think of something you own that has specific sentimental or monetary value you'd like somebody you love to cherish. Here are some great ideas to spur the brainstorm: Sports memorabilia Diamonds, jewelry, or specific valuables Artwork Watches Photos Your mascot costume from college Wedding dress Books The globe that sits in your office Journals or diaries S
Should I donate to a Charity? Which one?
We at Trust & Will firmly believe in supporting charities and we've made it easy to support a charity you are passionate about. We also stand behind our commitment. Trust & Will has taken the pledge to commit 1% of our profits to causes our customers care about. Can I give to a charity in my estate plan? Yes -- we make it easy to support a charity in your will or your trust. You just need to identify the charity and decide how much you want t
What is a Power of Attorney?
What is a Power of Attorney? A power of attorney is a document by which you appoint someone to make decisions on your behalf. The person appointed in a Power of Attorney is often referred to as an “agent” or an “attorney-in-fact.” There are generally two types of powers of attorney: medical and financial. Medical Power of Attorney A medical power of attorney names agents to make healthcare and medical decisions on your behalf. In some states, the medical power o
You should be honored to be nominated as an executor in a Will.
You should be honored to be nominated as an executor in a Will. Executors play a critical role in administering an estate and carrying out the terms of the Will. Individuals nominated as executors are generally trusted and respected by the testator, or the person making the Will. What am I responsible for? Right now you probably aren't responsible for anything. After the testator's death, you will be asked to accept the responsibility of an Executor, which generally in
Can I create a Will for my spouse? My parents? Someone else?
Sure! We see people do this quite often, and we even created a shared account for married couples wishing to speed the process along. Shared accounts are a great solution for married couples who share finances. If you have a pre-nup, discrete finances, or a variety of other reasons—you may want to create an individual account. The person for whom the Will is created (the "Testator") will need to review and approve the document and execute the Will in the required way. Creating a Will for so