Estate Planning Document Services

A last will and testament is the foundational estate planning document. It allows you, as the testator, to specify how your property and assets should be distributed after death, name an executor to administer the estate through probate, and designate a guardian for minor children. Without a valid will, your estate is distributed according to state intestacy laws, which may not align with your wishes.

Most states require the testator to be at least 18 years old and of sound mind, and the will must be signed in the presence of two disinterested witnesses. Some states also recognize holographic (handwritten) wills, though they typically face more challenges in probate court.

A living trust (also called a revocable trust or inter vivos trust) is created by the grantor during their lifetime and allows assets to bypass probate entirely. The grantor transfers property into the trust, names a trustee to manage those assets, and designates beneficiaries who receive the assets upon the grantor's death. Because the trust is revocable, the grantor can modify or dissolve it at any time.

Living trusts offer significant advantages: they avoid the cost and delay of probate, keep your asset distribution private (unlike a will, which becomes public record), and provide continuity of asset management if the grantor becomes incapacitated. The successor trustee steps in seamlessly, eliminating the need for court-appointed conservatorship.

A power of attorney (POA) is a legal document that authorizes a trusted individual (the agent or attorney-in-fact) to act on your behalf in financial, legal, or healthcare matters. A durable power of attorney remains effective even if the principal becomes mentally incapacitated — making it one of the most critical estate planning documents.

There are several types: a general POA grants broad authority over financial matters; a limited (or special) POA restricts the agent's authority to specific transactions; and a healthcare POA (also called a healthcare proxy) authorizes medical decisions. Most estate plans include both a financial and healthcare power of attorney to ensure complete coverage. The agent has a fiduciary duty to act in your best interest.

An advance directive (often called a living will) is a legal document that outlines your wishes regarding medical treatment if you become unable to communicate. It typically addresses life-sustaining treatment, artificial nutrition, mechanical ventilation, organ donation preferences, and pain management. This document provides critical guidance to healthcare providers and family members during medical emergencies.

Advance directives work alongside a healthcare power of attorney. While the advance directive states your specific treatment preferences, the healthcare POA names a person to make decisions about situations not covered in the directive. Together, they ensure your medical wishes are respected in any scenario. Every state has different requirements for advance directive format and execution.