SimplyTrust Knowledge Base

A: A quick overview of wills: a will—officially known as a last will and testament—is a legal document that specifies how to distribute your assets after you pass away. It also lets you name guardians for minor children and specify other important wishes, such as funeral arrangements. Without a will, state laws dictate how to divide your estate, which may not match your intentions.

A: Advance health care directives are legal documents that specify your medical treatment preferences and names someone to make healthcare decisions for you if necessary. It ensures that doctors and loved ones follow your wishes, even if you can’t express them due to illness or injury.

A: People avoid estate planning for loads of reasons (bad ones). Some people feel like they're too young or don't own enough or they can just do it later. Others find it to be an unpleasant experience (although it doesn't have to be). Some think it's too complicated, time-consuming and expensive (although, again, it doesn't have to be). And still others figure their family will handle it and that it'll all work out.

A: Life is always changing, and a trust should change with it. Regular updates ensure an estate plan reflects your wishes, protects your loved ones, and makes things as smooth as possible for everyone involved. It's important to update trusts. And keep updating them.Major events like getting married (or divorced) or having a baby happen. Finances can go up (e.g., new job) or down (e.g., lost job). Assets change (e.g., buying a house or selling a house). Families and relationships change (e.g., marriage, divorce, birth, death). And sometimes it's just sensible to make legal or strategic decisions.

A: A pour-over will is a special type of will that works hand in hand with a living trust. Its main function is to ensure that any assets not already in your trust automatically transfer (or “pour over”) into the trust.Essentially, it acts as a safety net. If certain assets aren’t already in your trust, the pour-over will direct them there. This way, your estate plan remains intact, and your assets are ultimately distributed according to the terms of your trust.

A: Getting a trust isn’t just for the ultra-rich or paranoid—it’s a smart, strategic move that protects your assets, your privacy, and your loved ones. Whether you’re looking to avoid probate, minimize taxes, or make sure your 20-year-old doesn’t spend their inheritance on an ill-advised TikTok stunt, getting a trust is the way to go.

A: A trustee is a person or entity legally responsible for managing the assets held in a trust. Their duty is to act in the best interests of the beneficiaries, ensuring the trust operates according to the grantor’s intentions. Trustees can be individuals, such as family members or close friends, or institutions like banks and trust companies. Core responsibilities:Managing Trust Assets – Trustees oversee and manage financial assets, real estate, or business interests within the trust. (Read about trusts for small business.)Fiduciary Duty – They must always act in the best interest of the beneficiaries, making ethical and prudent decisions.Distributing Assets – Trustees distribute trust funds according to the terms outlined in the trust document.Record-Keeping and Reporting – Detailed documentation of transactions and annual reports may be required, especially for irrevocable trusts.Legal and Tax Compliance – Trustees must ensure compliance with applicable laws and proper tax filing.Conflict Resolution – They often mediate disputes between beneficiaries or between beneficiaries and the trust itself.

A: Protecting beneficiaries from themselves isn't about withholding wealth. It's about ensuring that their inheritance provides lasting financial security. By tailoring an estate plan to your beneficiary's specific needs, several vehicles can accomplish this:

A: A 529 plan is a tax-advantaged savings plan designed specifically for education expenses. These plans are typically offered by states and have certain restrictions but come with significant tax benefits. (Here's more about 529 plans from the horse's mouth: the IRS.)

A: The most notable difference between individual trusts and joint trusts lies in ownership. Individual trusts are highly customizable and independent because the trustor doesn’t have to consult with anyone else on decisions. However, this can lead to a more fragmented estate plan for couples who manage their assets separately. In contrast, joint trusts involve shared ownership, meaning that decisions about assets and beneficiaries require mutual agreement. This reduced individual control can often mean greater difficulty during divorce or disputes. However, joint trusts offer simplicity by consolidating assets into one legal entity.

A: It depends. Revocable trusts are better for those seeking flexibility and control. They are ideal for avoiding probate, managing assets during a grantor’s lifetime, and adapting to changes in family or financial circumstances. Irrevocable trusts, on the other hand, are better for those who prioritize asset protection and tax savings. They are particularly useful for shielding assets from creditors and reducing the taxable value of an estate, making them a preferred option for high-net-worth individuals or those with significant financial concerns.

A: 1. Not having an estate plan.2. Start estate planning late.3. Not regularly updating estate plans.4. Overlooking digital assets.5. Ignoring health directives.6. Choosing the wrong executor.7. Forgetting to name guardians for minor children.8. Not planning for estate taxes.9. Leaving beneficiary designations outdated.10. Overcomplicating or oversimplifying trusts.11. Forgetting about contingent beneficiaries.12. Assuming a will avoid probate.13. Overlooking funeral instructions.14. Failing to include charitable giving.15. Not protecting loved ones with special needs.16. Skipping an asset inventory.17. Forgetting about business succession.18. Not funding a trust.19. Failing to communicate the plan.20. Not reviewing the plan periodically.

A: Contesting a trust or a will can be a challenging process emotionally, legally, and financially for all involved. Whether someone is questioning the validity of a loved one’s trust or their will, it’s essential to understand the unique processes involved. (And what makes a trust legally binding.) Because each case is unique. Generally speaking, however, contesting a trust is harder than contesting a will.

A: Funding a trust means connecting your assets to your trust so they transfer to the trust when you pass away, avoiding probate. Think of an unfunded trust as an empty bucket. To make the bucket useful, you need to fill it with your belongings—whether those are tangible items like real estate or intangible ones like financial accounts. The key distinction: you name the trust itself as the beneficiary (using your trust name), not the trustee.

A: Simply put, they are legal arrangements that set aside funds and instructions for your pet’s care if you’re no longer around to provide it yourself. Think of it as estate planning for your pet—but without the complicated legal jargon or the need for opposable thumbs.With them, you can:1. Designate a trusted caregiver for your pet.2. Allocate funds to cover food, medical expenses, grooming, and even treats.3. Provide detailed care instructions (because nobody else understands your fur baby like you do).The trust ensures these instructions are legally binding, so you know your pet will get the care they deserve.

A: Trusts are like a Swiss Army knife for estate planning—they can hold a surprisingly wide variety of items. Whether it’s your Tesla, your typewriter, or your tuxedo collection, trusts are flexible enough to handle it. So, what goes in trusts? Just about everything but the kitchen sink (and honestly, maybe that too).