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Revocable Living TrustCreate a revocable living trust to avoid probate, protect privacy, and control asset distribution.Last Will and TestamentName your heirs, guardians, and final wishes. Free for every state.Pour-Over WillCatch anything outside your trust. Pairs with your revocable trust.Healthcare Power of AttorneyName someone to make medical decisions if you can't.Financial Power of AttorneyName someone to manage your finances if you can't.Transfer on Death DeedTransfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.Vehicle Transfer on DeathName a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.Living WillState in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.
EIN ApplicationGet the tax ID number (EIN) banks require to open an estate account or trust account after someone dies.Petition for Probate and LettersOpen probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.Notice to CreditorsNotify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.Renunciation of ExecutorDecline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.Affidavit of HeirshipPrepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.Small Estate AffidavitCollect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.Estate InventoryPrepare the probate inventory of estate property — every asset at its date-of-death value, with your state's filing or delivery instructions.Estate ClosingPrepare the paperwork that closes the estate — the state's closing instrument with its closing instructions, and the optional federal forms.Letter of InstructionPrepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.Digital Assets Recovery LetterPrepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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I'm planning ahead
Estate Planning Cost CalculatorCompare costs across estate planning providers including online services and attorneys.Revocable Living Trust Cost CalculatorCompare revocable living trust costs across providers including online services and attorneys.Will Cost CalculatorCompare will costs across providers plus probate costs your heirs will pay.Life Insurance CalculatorCalculate your life insurance needs based on income, debts, and family situation.Beneficiary Designation CheckerCheck how divorce, creditors, and state laws affect your beneficiary designations.State Estate Law GuideSee probate costs, will requirements, trust rules, and intestacy laws for your state.Estate Planning Service ComparisonCompare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker, and when your documents are actually done.Name a Guardian GuideSee how a parent names a guardian for their minor children, what weight the court gives your choice, and your options for temporary care.Burial & Cremation Law GuideSee who controls final arrangements, cremation and burial rules, and what your state allows.Signing Requirements CheckerFind witness, notary, and remote signing requirements for all 50 states.Document Portability CheckerCheck if estate planning documents signed in one state are valid in another.Trust Need AssessmentFind out if a revocable trust makes sense based on your state, estate value, and family situation.TOD Deed AssessmentFind out if a transfer on death deed can keep your property out of probate.Vehicle TOD AssessmentFind out if you can name a beneficiary on your vehicle title to skip probate.Trust Account Opening GuideCompare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, what proves the trust, and what the successor trustee faces.Trust or Will Decision ToolCompare the cost of probate vs a trust for your state and estate value.
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Who Inherits CalculatorFind out who inherits your estate and how much they get if you die without a will.Estate & Inheritance Tax CalculatorCalculate federal estate tax, state estate tax, and inheritance tax for an estate.Inheritance Tax GuideInheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.Step-Up Basis CalculatorCalculate the new cost basis on inherited assets under IRC § 1014 and project capital gains tax savings.Inherited IRA Withdrawal RulesSee which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the tax for a missed withdrawal.Post-Death Tax Filing GuideFind out which tax returns need to be filed after someone dies and whether tax clearance is required.
Someone I love died
Death Certificate CalculatorCalculate how many certified death certificates you need and see ordering info for your state.Probate Decision ToolFind out if an estate needs probate or qualifies for simplified procedures.Estate Settlement PlanPersonalized plan for settling an estate after someone passes away.What to Do When Someone Dies ChecklistA step-by-step checklist for the days, weeks, and months after a death, with state rules noted where they apply.
I'm an executor
Probate Cost CalculatorEstimate attorney fees, executor fees, court costs, and timeline for probating an estate.Executor Fee CalculatorCalculate how much an executor can charge for administering an estate.Self-File Probate AssessmentFind out if you can handle probate yourself with estimated cost savings and a filing checklist.Executor Appointment GuideSee the court, petition, bond, and documents needed to be appointed and receive your Letters.Creditor Claims DeadlinesFind creditor claim deadlines, notice requirements, and payment priority order for your state.Insolvent Estate CalculatorSee the order your state pays an insolvent estate's debts and which claims go unpaid.Estate Account Opening GuideCompare estate-account opening requirements bank by bank: channels, required documents, and steps.Personal Property Value EstimatorEstimate the fair market value of household items for probate and see how it affects fees.
I'm a trustee
Trustee Compensation CalculatorFind out what fair compensation looks like for serving as trustee.Trust Settlement PlanPersonalized plan for settling a trust after the grantor passes away.
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Who Inherits CalculatorFind out who inherits your estate and how much they get if you die without a will.Estate & Inheritance Tax CalculatorCalculate federal estate tax, state estate tax, and inheritance tax for an estate.Inheritance Tax GuideInheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.Step-Up Basis CalculatorCalculate the new cost basis on inherited assets under IRC § 1014 and project capital gains tax savings.Inherited IRA Withdrawal RulesSee which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the tax for a missed withdrawal.Post-Death Tax Filing GuideFind out which tax returns need to be filed after someone dies and whether tax clearance is required.
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Home→News→Power of Attorney and Incapacity News

Power of Attorney and Incapacity News

News on powers of attorney and incapacity: statutory form changes, agent misuse and bank acceptance cases, guardianship reform, and healthcare directive rules.

All topics911Probate and estate administration389Estate, inheritance, and gift taxes278Trusts114Wills36Powers of attorney and incapacity97Beneficiaries and inheritance349Medicaid and long-term care38Digital assets14
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97 news posts

Estate Planning for California Parents with Minor Children

Estate Planning for California Parents with Minor Children

California parents need more than a will. A funded trust protects children, preserves relationships, and avoids costly probate delays.
News
SimplyTrustSimplyTrust EditorialOctober 2, 2026
Invalid POA Used on NC Bank Records: What to Do

Invalid POA Used on NC Bank Records: What to Do

A disputed POA used to access NC bank records raises urgent questions about document validity, agent authority, and how to respond.
News
SimplyTrustSimplyTrust EditorialSeptember 22, 2026
Challenging a Power of Attorney in North Carolina

Challenging a Power of Attorney in North Carolina

North Carolina law provides specific courts and procedures for challenging a power of attorney used without proper authority.
News
SimplyTrustSimplyTrust EditorialSeptember 22, 2026
California Conservatorship Powers: What Families Need to Know

California Conservatorship Powers: What Families Need to Know

California's 7 conservatorship powers apply only to limited conservatorships for adults with developmental disabilities, not aging parents.
News
SimplyTrustSimplyTrust EditorialSeptember 20, 2026
Elder Financial Exploitation: Damages and POA Risk

Elder Financial Exploitation: Damages and POA Risk

A $789K West Virginia judgment shows how POA abuse triggers treble damages—and what Virginia families can do to protect against it.
News
SimplyTrustSimplyTrust EditorialSeptember 20, 2026
Revocable Living Trusts: Key Questions Answered

Revocable Living Trusts: Key Questions Answered

A Q&A guide breaks down how revocable living trusts work, who controls them, and why funding matters for families of all income levels.
News
SimplyTrustSimplyTrust EditorialSeptember 18, 2026
Estate Planning in Missouri: Why Timing Matters

Estate Planning in Missouri: Why Timing Matters

Missouri families face probate timelines of 12–18 months and statutory attorney fees. Early estate planning protects against these costs.
News
SimplyTrustSimplyTrust EditorialSeptember 17, 2026
Virginia Military Families: SGLI, POA, and Trust Planning

Virginia Military Families: SGLI, POA, and Trust Planning

Virginia military families face unique estate planning challenges. SGLI, POA, and revocable trusts must work together to protect families.
News
SimplyTrustSimplyTrust EditorialSeptember 17, 2026
Estate Planning Checklist Before International Travel

Estate Planning Checklist Before International Travel

International travel forces Georgia families to confront estate planning gaps. Here's what to review before departure.
News
SimplyTrustSimplyTrust EditorialSeptember 16, 2026
Power of Attorney Over a Parent in California

Power of Attorney Over a Parent in California

A California guide explains why POA must be granted by a capable parent — and what happens when families wait too long.
News
SimplyTrustSimplyTrust EditorialSeptember 14, 2026
Preventing Family Conflict Over Aging Parents in Arkansas

Preventing Family Conflict Over Aging Parents in Arkansas

Family disputes over aging parents often start quietly. Arkansas families can take concrete steps to protect loved ones and preserve relationships.
News
SimplyTrustSimplyTrust EditorialSeptember 9, 2026
How Maryland Families Avoid Guardianship Court

How Maryland Families Avoid Guardianship Court

Maryland families can avoid court-supervised guardianship with a power of attorney, advance directive, and funded revocable trust.
News
SimplyTrustSimplyTrust EditorialSeptember 8, 2026
Illinois Grandparents Raising Grandchildren: Estate Planning Guide

Illinois Grandparents Raising Grandchildren: Estate Planning Guide

Illinois grandparents raising grandchildren face dual legal crises at death. Here's what the absence of a plan means for the child.
News
SimplyTrustSimplyTrust EditorialSeptember 7, 2026
What Happens When Your Guardian Can No Longer Serve?

What Happens When Your Guardian Can No Longer Serve?

When a named guardian can no longer serve, courts decide. Here's why naming backup guardians and updating plans matters.
News
SimplyTrustSimplyTrust EditorialSeptember 3, 2026
Estate Planning for Unmarried Couples in Illinois

Estate Planning for Unmarried Couples in Illinois

Illinois law grants unmarried partners no automatic rights. Here's what documents close the gap for incapacity and inheritance.
News
SimplyTrustSimplyTrust EditorialSeptember 2, 2026
HIPAA Releases in Kansas Estate Plans: What Families Need to Know

HIPAA Releases in Kansas Estate Plans: What Families Need to Know

Kansas families often overlook HIPAA Releases until a medical emergency reveals the gap. Here's what the document does and why it matters.
News
SimplyTrustSimplyTrust EditorialSeptember 2, 2026
Alabama Estate Planning Checklist: 10 Key Documents

Alabama Estate Planning Checklist: 10 Key Documents

Alabama seniors need 10 key estate planning documents. Here's what each one does and how Alabama law shapes the requirements.
News
SimplyTrustSimplyTrust EditorialSeptember 2, 2026
SC Healthcare vs. Financial Power of Attorney

SC Healthcare vs. Financial Power of Attorney

South Carolina requires separate documents for healthcare and financial decisions during incapacity. Learn the key differences and execution requirements.
News
SimplyTrustSimplyTrust EditorialSeptember 2, 2026
Minor Heirs in NC Probate: Who Decides?

Minor Heirs in NC Probate: Who Decides?

North Carolina requires a court-appointed guardian of the estate before a minor heir can receive or manage an inheritance through probate.
News
SimplyTrustSimplyTrust EditorialAugust 31, 2026
Montana Estate Planning: Key Questions Answered

Montana Estate Planning: Key Questions Answered

Montana Elder Law publishes answers to the most common estate planning questions Montana families bring to attorneys in 2026.
News
SimplyTrustSimplyTrust EditorialAugust 31, 2026
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