SimplyTrust Knowledge Base

A: Have you ever wondered how long your last will and testament remains valid in North Carolina? Many people assume it’s a simple lifetime document, but the truth is a bit more nuanced. In North Carolina, a will can remain valid until it is revoked, but certain circumstances can affect its enforceability.

A: While Arkansas once had an inheritance tax, the state phased it out it years ago. The state officially repealed it in 1995, joining a national trend toward eliminating this type of tax. Since then, beneficiaries in Arkansas have been free from the burden of paying state tax on what they inherit.That makes Arkansas one of several states where estate transfers are tax-friendly for heirs. It also simplifies estate planning for residents—especially for those who want to leave behind a financial legacy for family or friends.

A: Arkansas once had an estate tax. But like many other states, it chose to eliminate it. The repeal happened gradually after changes at the federal level. Here’s how:Until 2005, Arkansas levied a “pick-up” tax. This tax was tied directly to a federal credit that allowed states to collect a portion of federal estate tax revenue. When Congress repealed that credit, Arkansas’s estate tax disappeared with it.Unlike some states that replaced the pick-up tax with their own standalone versions, Arkansas did not. That decision effectively ended the estate tax in the state.

A: Understanding who owns estate planning documents makes it easier to organize them, inventory them, and keep them safe—just like other key parts of a modern estate plan. Similar clarity about roles and paperwork also shows up in explanations of trustees, probate, and special-purpose trusts, all of which fit together into one big picture.For most modern plans, ownership follows a simple pattern:1) The person who signs a will (the testator) owns the will document.2) The grantor of a trust owns the signed trust instrument, even if the trustee uses it every day.3) The principal who signs a financial or healthcare power of attorney owns those papers too. Lawyers often store originals in fireproof cabinets or vaults. But they’re holding them for the client, not for themselves. Ethics opinions in many states treat these originals as client property that must be safeguarded and eventually delivered to the client, an executor, or another authorized person. So if you’re asking who owns estate planning documents in a practical sense, it’s usually the person whose name is on the signature line. Everyone else—attorneys, executors, trustees, hospitals—works from copies.

A: A revocable trust enables you to manage your assets during your lifetime and distribute them after you pass. All while avoiding probate. You can change or revoke the trust at any time as long as you’re mentally competent.Both New Jersey and Nevada recognize revocable trusts. But they apply different rules to how those trusts function behind the scenes. When comparing revocable trusts in New Jersey versus Nevada, the key differences come down to taxes, privacy, and long-term flexibility. While both states support revocable trusts, Nevada offers more favorable treatment in areas like income tax and trust longevity.

A: The New Jersey inheritance tax is a tax on certain beneficiaries who inherit money or property from someone who lived in or owned property in New Jersey. Unlike an estate tax, which is based on the total value of the estate, an inheritance tax is based on the relationship between the deceased person and their beneficiaries.This means it’s not about how much you leave behind—it’s about who you leave it to. New Jersey divides beneficiaries into classes. Whether a person pays inheritance tax—and how much—depends on which class they fall into.Class A:Spouse or civil union partner; child, grandchild, stepchild; parent, grandparent; charitable organizations. Tax rate: 0%. These beneficiaries are fully exempt.Class C:Siblings; sons- and daughters-in-law; surviving spouses of deceased children. Tax rate: First $25,000 is exempt. Amounts above face taxes of 11% to 16%.Class D:Nieces, nephews, cousins; friends; unrelated individuals. Tax rate: Entire inheritance faces taxes starting at 15%, going up to 16% for amounts over $700,000.Class E:Nonprofits, religious institutions, schools, and other qualified organizations. Tax rate: 0%. Fully exempt.

A: New Jersey once had one of the most burdensome estate tax systems in the country. The state imposed estate taxes on estates worth just $675,000 or more—one of the lowest exemption thresholds in the U.S. But in 2016, lawmakers passed a tax reform package that phased out the estate tax. It was completely repealed starting January 1, 2018.This change was part of a broader effort to make the state more financially appealing to retirees and high-net-worth individuals, many of whom were leaving for states with more favorable tax laws.

A: Wills aren’t set-it-and-forget-it. A will reflects your life at the moment it’s written. But life rarely stays the same. Marriage, divorce, children, grandchildren, property sales, new investments—these all create good reasons to revisit your will. Most attorneys recommend reviewing your will every 3 to 5 years, or sooner if you’ve had a major life change. Updating your will helps prevent confusion, family conflict, and unintended outcomes down the road. Here are just a few reasons why regular maintenance is important and how attorney fees evolve over time.Legal changes: Tax laws, inheritance rules, and probate procedures evolve. Your will should keep pace.Life changes: New marriages, divorces, or family members can drastically shift how you want your assets handled.Asset changes: Selling or acquiring real estate or businesses can require a reallocation of your estate.Executor availability: Executors may move, age, or become unable to serve.Updating a will is typically less expensive than drafting a new one, but it still requires legal time and expertise. Costs can vary depending on the extent of the updates. National averages for updates:Minor changes (codicils): $150–$600. Moderate updates (changing executors, guardians, or beneficiaries): $300–$900. Major revisions (rewriting large sections, new asset lists): $500–$1,500 or more.

A: Estate disputes can be a source of significant stress and heartache for families. Have you ever wondered how to prevent these disputes before they start? Understanding common pitfalls in estate planning might just save your family from unnecessary turmoil down the line.

A: When you hire an attorney to draft a will, you’re paying for a consultation to discuss your goals. You’re also paying for legal guidance to align your wishes with state laws and a tailored will that clearly outlines asset distribution, guardianship, and executors. Sometimes, other essential documents like a durable power of attorney or advance healthcare directive are necessary. This bundled approach determines attorney fees for establishing wills.On average, the cost of having an attorney prepare a simple will ranges between $300 and $1,200. Basic individual will: $300 to $600. Will with additional documents (e.g., power of attorney): $800 to $1,500. Complex wills (blended families, multiple properties, charitable bequests, etc.): $2,000 or more.These prices can vary even more depending on where you live. Attorney fees for establishing wills often reflect the local cost of living and demand for legal services. In New York, New York, a straightforward will may start at $800 to $1,200. More complex plans can easily reach $2,500 or more. In Boise, Idaho, a simple will typically runs $300 to $600. Adding extra documents may bring the total closer to $900 or $1,100.

A: Trusts are designed to manage assets both during your lifetime and after. That means they can be active for decades. Throughout that time, legal and personal changes will likely require updates or ongoing legal guidance.Trusts need to stay current with changes in your life and the law. There are many common reasons people update their trusts. Life changes: marriage, divorce, new children or grandchildren. Asset changes: purchasing or selling property, inheriting wealth, opening new investment accounts. Legal changes: changes in tax laws or estate planning regulations. Beneficiary changes: updating or removing beneficiaries.These updates aren’t usually part of the initial fee. Trust attorneys typically charge for revisions and legal check-ins separately. Here’s what ongoing trust-related services might cost. Trust review sessions: flat fee ($300–$1,000 per session) or hourly rate ($200–$600 per hour). Most attorneys recommend reviewing your trust every 3–5 years, or sooner if there are major life changes. Simple document revisions may cost $300 to $700. More complex changes—such as adding beneficiaries or real estate—can range from $1,000 to $2,000+, especially in high-cost cities.Some attorneys offer annual maintenance plans or “subscription” models for $500 to $1,500 per year, which may include minor revisions, access to legal advice, and check-in sessions.