Estate Planning

In detail

The core documents, in plain English

A will says who receives your property after death and names an executor to carry out the instructions. A durable power of attorney names someone to handle financial matters if you become unable to. A health care proxy (also called a health care power of attorney) names someone to make medical decisions for you, and a living will or advance directive states your wishes about life-sustaining treatment.

A trust is a separate legal arrangement that holds property for beneficiaries according to your instructions. Revocable living trusts are commonly used to avoid probate; other trusts serve purposes like tax planning, providing for a spouse, or protecting assets for a person with disabilities.

Why documents must be valid where you live

A will that is perfectly valid in one state may fail in another if it does not meet that state's witnessing or signature requirements. Powers of attorney are especially state-sensitive: some financial institutions resist out-of-state documents. If you move, have your documents reviewed under the new state's law.

Handwritten or online forms can work in some states and fail in others. The cost of a review by a licensed attorney in your state is small compared with the cost of a document that does not work when it is needed.

Keeping the plan current

Review your documents after major life events: marriage, divorce, the birth of grandchildren, a move to another state, a serious diagnosis, or the death of someone named in your documents. Also review beneficiary designations on retirement accounts and life insurance — those pass outside the will and override it.

Store originals where your executor or agent can find them, and tell them where they are. A perfect will locked in a safe nobody can open helps no one.

How this varies by state

Estate planning validity is state law. Common variations include:

• Will formalities: number of witnesses, notarization, and whether handwritten (holographic) wills count.
• Power of attorney forms: some states have statutory forms; acceptance by banks varies.
• Advance directive terminology and default rules when no document exists.
• Probate thresholds and simplified procedures for small estates.
• Estate and inheritance taxes: most states have none, but a few do.

Estate planning documents are creatures of state law. The concepts below are general; the formalities that make a document valid — witnesses, notarization, signatures — differ by state.

We publish state-specific pages only where we have genuinely verified content. Our verified state page is Florida; more states will be added only with real, reviewed content.

• Florida — senior legal information

Who may need help with this

• Adults creating their first will or updating an old one
• Couples coordinating wills, trusts, and beneficiary designations
• People with property in more than one state
• Parents or grandparents planning for a child or grandchild with disabilities
• Anyone named as an executor, trustee, or power-of-attorney agent

Common mistakes

• Using a will from another state without checking local formalities.
• Forgetting that beneficiary designations override the will.
• Naming an executor or agent without telling them or confirming willingness.
• Putting a child's name on accounts or deeds as a 'simple' alternative to a will — this can create tax and Medicaid problems.
• Never reviewing documents after divorce, remarriage, or a move.

Questions to ask

• Which documents do I actually need for my situation?
• Is a trust worthwhile for me, or is a will enough?
• How do you charge for an estate plan, and what does it include?
• How will my plan work if I move to another state?
• How often should I review these documents?

Official resources

These links go to government agencies and established nonprofit organizations — not to advertisers. External links open in a new tab.

• Eldercare Locator — Administration for Community Living

  Local aging services, including legal assistance programs.

• LawHelp.org — Pro Bono Net

  Free legal aid directory by state.