Estate Planning FAQs
What is included in an estate plan?
A comprehensive estate plan typically includes a last will and testament, revocable living trust (if appropriate), durable power of attorney, healthcare power of attorney, living will and guardianship documents for minor children. At The Legacy Planners P.C., we tailor every plan to your unique situation.
Do I need a will AND a trust?
Many families benefit from having both. A will names who you authorize to administer your estate and who you wish to inherit your probate assets, while a living trust helps you avoid probate and protect your family’s privacy. We help you decide what is right for your situation.
How often should I update my estate plan?
You should review your plan every 3–5 years or after major life changes such as a birth, marriage, divorce, or relocation. Our firm offers supportive check-ins to make sure your plan current.
How much does an estate plan cost in Massachusetts?
Costs vary based on complexity, family dynamics, and your end goals. With our up-front pricing you will know exactly what to expect. Fees are dependent on needing a will-based plan, trust-based plan, or advanced planning.
Why is estate planning important for families with minor children?
Without a legal plan, the court decides who will care for your children and how their finances will be managed. A proper plan ensures your children are protected physically, emotionally, and financially.
What does a will do?
A will directs how your assets are distributed, names guardians for minor children, and appoints a personal representative to manage your estate.
Do I need a lawyer to make a will?
While “do-it-yourself” options exist, every state has strict signature and witness requirements. An attorney ensures your will is valid, enforceable, and aligned with your overall estate plan.
What happens if I die without a will in Massachusetts/Rhode Island?
State intestacy laws determine who inherits your property, which may not reflect your wishes, especially for blended families or unmarried partners.
Can I change my will?
Yes. You can update your will with a codicil (amendment) or create a new one. Updates are essential after major life changes.
What is a pour-over will?
A pour-over will works with a living trust by ensuring any assets not titled in your trust are transferred into it at your passing, ensuring your assets are distributed in accordance with the provisions of your living trust.
What is a living will?
A living will states your preferences regarding life support, pain management, and organ donation during end of life care.
Is a living will legally binding in Massachusetts/Rhode Island?
Living wills are binding in Rhode Island. They are not legally binding in Massachusetts, but are widely respected by medical professionals and provide guidance to your healthcare power of attorney.
Why do I need a living will if I already have a healthcare power of attorney/proxy?
A healthcare proxy names who will make decisions; a living will shares what decisions you want. Together, they ensure your wishes are understood and honored.
Should young adults have a healthcare power of attorney/proxy?
Yes. Once a person turns 18, there is no longer anyone legally authorized to make medical decisions. A healthcare power of attorney ensures clarity during emergencies.
Where should I store my healthcare power of attorney/proxy?
Keep it in an easily accessible location, share copies with family members, and make sure your healthcare provider and power of attorney have copies.
What is a healthcare power of attorney/proxy for health care?
A healthcare power of attorney is a legal document authorizing someone to make medical decisions for you if you are incapacitated.
Who should I choose as my healthcare power of attorney?
Choose someone trustworthy, calm under pressure, and aligned with your healthcare values (often a spouse, partner, adult child, or close friend).
Can I name more than one healthcare power of attorney/proxy?
It is highly unadvisable to name healthcare agents to act jointly, as disagreements will end up in court. Best practice is to name healthcare agents in consecutive order.
What’s the difference between a healthcare power of attorney/proxy and HIPAA authorization?
A healthcare power of attorney grants decision-making authority. A HIPAA authorization allows access to your medical information and allows doctors to share medical treatment plans.
Do healthcare power of attorneys/proxies work across state lines?
Most states honor them, but we suggest that an attorney review your documents if you move or travel frequently.
What does a durable power of attorney do?
It allows your attorney-in-fact to make financial decisions during any period your are incapacitated, preventing the need for a court-appointed conservator.
When does a power of attorney become effective?
It becomes effective immediately or spring into effect upon incapacity. We help you choose the option that best fits your situation.
What financial powers can be included?
Banking, taxes, real estate transactions, bill paying, business management, digital assets, retirement account decisions and more, are customized to your comfort level.
Can my bank reject my power of attorney?
Yes, banks sometimes refuse poorly drafted powers of attorney. Ours are written to meet institutional requirements and avoid unnecessary delays.
Can I revoke or change my power of attorney?
Absolutely. As long as you are competent, you can update or revoke the document at any time.
What is a revocable living trust and how does it work?
A revocable living trust holds your assets during your lifetime and distributes them after your passing, privately and without probate proceedings or publication in the newspaper.
Do revocable living trusts avoid probate?
Properly funded trusts allow families to bypass the public, lengthy probate process.
What assets should I put into my trust?
Usually, real estate, bank accounts, investments, business interests, and personal property. However, there are important exceptions, which is why we guide you through proper trust funding.
Who should serve as my trustee?
Many choose a spouse, adult child, trusted friend, or professional fiduciary. We help you select someone responsible and organized.
What is trust administration?
After your passing, the trustee has a legal duty to manage and distribute assets following the conditions of the trust. We assist trustees during this process.
Why isn’t a will enough to protect my children?
A will only covers long-term guardianship. Without additional legal documentation in place, your children could enter temporary state custody or be placed with a relative you do not want in times of emergency.
What is included in a Kids Protection Plan®?
Nomination of Temporary / Short-Term Guardians, Nomination of Permanent / Long-Term Guardians, Confidential Exclusions of Guardians, Medical Power of Attorney for Minor Child/Children, Important Healthcare Information for Minor Child/Children, Instructions to the Caregiver of Minor Child/Children, Instructions to the Guardian of Minor Child/Children, Letter to Temporary / Short-Term Guardians, Letter to Permanent / Long-Term Guardians and Kids Protection Plan® Emergency ID Cards
Can I choose different guardians for daily care and financial management?
Yes. Many parents choose a nurturing person for daily care and a financially responsible person to manage assets.
How do I choose the right guardian?
Consider values, parenting style, age, lifestyle, location, and your child’s emotional needs. We gently guide you through these decisions.
What if my chosen guardians move or circumstances change?
You can update your guardianship documents anytime. A flexible Kids Protection Plan® grows with your family.
Why do blended families need intentional estate planning?
Traditional estate plans can unintentionally disinherit children from prior relationships or financially strain your spouse. A tailored plan avoids conflict.
How can I protect both my spouse and my children from a previous marriage?
Tools such as marital trusts, separate property agreements, life insurance planning, and clear beneficiary designations help balance everyone’s needs.
What happens if I die without a plan in a blended family?
Massachusetts/Rhode Island intestacy laws may distribute your assets in ways that don’t reflect your wishes or your family structure.
Can we create a joint estate plan as a blended family?
Yes, but each situation is unique. We help couples design plans that support all children, including biological, step, and mutual, tailored for you.
How do we prevent future disputes between family members?
Clear legal documents, open communication, and properly structured trusts greatly reduce the risk of conflict.
Do we really need a prenup if we trust each other?
Yes. A prenup isn’t about distrust—it’s about setting clear expectations, protecting each other, and reducing potential conflict in the future. Many couples feel more connected after having these honest conversations.
What can be included in a prenuptial agreement?
Common topics include assets, debts, business interests, spousal support, inheritances, and division of property. We tailor every agreement to the couple’s specific needs and goals.
How far in advance should we sign a prenup?
Ideally, several months before the wedding. The earlier you begin, the more thoughtful, transparent, and enforceable the agreement will be.
Are prenups enforceable in Massachusetts and Rhode Island?
Yes, when drafted and executed properly. Both states require fairness, full financial disclosure, and appropriate timing. We ensure your agreement meets all legal requirements.
Can a prenup protect my business or future income?
Absolutely. Prenups are an essential tool for business owners, entrepreneurs, and professionals who expect their income or assets to grow significantly over time.
Do I really need an estate plan at 18 if I don’t own anything?
Yes. Estate planning for young adults is less about money and more about protection. Without a Healthcare Proxy, HIPAA Authorization, or Power of Attorney for financial affairs, no one has automatic legal authority to help in a medical or financial emergency once you turn 18.
If I’m away at college, can’t someone just call the hospital or school if something happens?
No. Privacy laws such as HIPAA and FERPA prevent medical providers and colleges from sharing information without your permission. These documents ensure that someone you trust can access records and make decisions if you need help.
Do young adults really need a Will?
A simple Will is recommended. Even if you don’t have major assets, you likely have digital accounts, a car, personal property, or bank accounts and a Will ensures your assets are distributed properly.
Can I complete this planning with my parents or trusted adults?
Absolutely. While you make your own decisions and sign your own documents, planning together can communicate your wishes and provide guidance in an emergency.
