Legal topic hub
Estate Planning
Wills, trusts, and estate planning fundamentals for seniors.
Jurisdiction: general U.S. information (federal and state overviews). State law varies — General information only — not legal advice. Consult a qualified attorney about your situation.
Legal help for estate planning
- Estate Planning Lawyers
Wills, trusts, and plans for managing assets and health care decisions.
Guides & articles
- What Is a Will?
What a will does, what it cannot do, and the essential companion documents every estate plan needs.
- What Is a Trust?
How trusts work, the difference between revocable and irrevocable trusts, and when a trust makes sense in an estate plan.
- Will vs. Living Trust
A plain-language comparison of wills and living trusts — how each works, when each makes sense, and common mistakes to avoid.
- Advance Directives Explained
What advance directives are, the difference between a living will and a health care proxy, and how to make yours work when it matters.
State-specific information
Only states that have passed our publication quality gate are listed. Currently published: Florida legal information. Requirements can vary by state — verify the applicable requirements for your jurisdiction.
Frequently asked questions
What does a will actually control?
Only assets you own individually at death. It does not control jointly owned property (which passes to the surviving owner), accounts with named beneficiaries like life insurance and retirement accounts (which pass to the beneficiaries), or assets held in a trust.
Does a will avoid probate?
No. A will generally must go through probate — the court process that validates it and oversees distribution. Avoiding probate requires other tools, such as living trusts or beneficiary designations.
How often should a will be updated?
Review it every few years and after major life events: marriage, divorce, births, deaths, a move to another state, or significant changes in assets. An outdated will can cause exactly the family conflicts it was meant to prevent.
What makes a will valid?
Each state sets its own formalities — typically that the person has mental capacity, signs the document, and has it witnessed by disinterested witnesses (some states also require notarization). Handwritten or oral wills have limited or no validity in most states.
What is the difference between a revocable and an irrevocable trust?
A revocable (living) trust can be changed or cancelled by the grantor at any time — it offers flexibility, probate avoidance, and incapacity planning, but generally no tax benefits or creditor protection. An irrevocable trust generally cannot be changed once created, but can serve purposes like tax planning or asset protection that revocable trusts cannot.
Do I still need a will if I have a trust?
Yes. A 'pour-over' will catches any assets not transferred into the trust, and the will is where you nominate guardians for minor children. A trust and a will work as a team.
What does it mean to 'fund' a trust?
Funding means actually transferring assets into the trust — retitling real estate, reassigning accounts, updating beneficiary designations. An unfunded trust is an empty shell that controls nothing. Funding is the step people most often neglect.
Are trusts only for wealthy people?
No. While complex tax-planning trusts serve the wealthy, revocable living trusts are widely used by middle-class families for probate avoidance, incapacity planning, and keeping affairs private.
Do I need both a will and a trust?
Many people who create a trust also keep a simple 'pour-over' will as a safety net for assets never transferred into the trust. A qualified legal professional can advise on the right combination for your situation.
Does a trust avoid probate?
Assets properly transferred into a living trust generally pass without probate. But a trust only controls assets actually placed in it — forgetting to fund the trust is one of the most common mistakes.
Which costs more?
Trusts typically cost more to set up than wills, but probate can cost estates more at the end. The comparison depends on your state's probate costs, your assets, and your goals.
What is the difference between a living will and a health care proxy?
A living will states your wishes about specific treatments (such as life support or tube feeding) if you become terminally ill or permanently unconscious. A health care proxy (also called a health care power of attorney) names a person to make medical decisions for you. Most experts recommend having both: the proxy provides a decision-maker for situations the living will doesn't cover.
Sources
Sources & Further Reading
These are official or established sources you can use to verify the information above. External links open in a new tab.
UCSF / National Institute on Aging research program
PREPARE for Your Care
External links do not imply endorsement.
Hub content last updated: September 26, 2026.
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