Frequently asked questions
Estate planning questions, answered
Everything people ask before, during and after building a plan — with links to the full guides and to the signing rules for your state.
Getting started
What people ask before they begin a living trust plan.
Your documents
What each document in the plan does and how you receive it.
Trusts, wills and witnesses
The legal groundwork behind the documents.
Still deciding between the two? Read the will vs trust comparison for a side-by-side look at probate, privacy, control and cost.
State rules
How signing requirements change from state to state.
Read the full guides
Will vs trust
Side-by-side comparison of probate, privacy, control, cost, and which fits your situation.
Estate planning checklist
What to gather, who to name, which documents to prepare, and how to sign them in your state.
The revocable living trust
What a living trust is, what it does while you are alive, and why it keeps your family out of probate court.
The pour-over will
The safety net that catches anything the trust missed, and where guardians are nominated.
Funding your trust
The step most do-it-yourself trusts never finish. An unfunded trust controls nothing.
Signing day rules
Witnesses, notaries, self-proving affidavits, and the order in which to sign everything.
Who does what
Trustee, successor trustee, personal representative, guardian, beneficiary — in plain English.
The living will / advance directive
How you tell doctors what treatment you want if you cannot speak for yourself, and what your state requires for it to be honored.
The healthcare power of attorney
Naming the person who decides for you, choosing which powers they hold, and how it fits with your living will.
The HIPAA authorization
The short document that lets the people you name talk to your doctors and receive your records.
Final disposition instructions
Who has authority over your remains, the arrangements you want, and why this belongs in a separate document.
Signing rules by state
Witness counts, notary posture, self-proving affidavits and community property status for all 50 states and the District of Columbia.
- Alabama estate planning FAQ2 witnesses
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