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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.
I'm inheriting
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
All statesAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDistrict of ColumbiaDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming
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97 news posts

Estate Planning for a Child with a Disability

Estate Planning for a Child with a Disability

When a disabled child turns 18, parents lose automatic legal authority. Here's how a Special Needs Trust protects their future.
News
SimplyTrustSimplyTrust EditorialJune 20, 2026
Wisconsin Long-Term Care Planning: The Cost of Waiting

Wisconsin Long-Term Care Planning: The Cost of Waiting

Wisconsin families who delay long-term care planning face narrower options, Medicaid look-back penalties, and greater financial exposure to care costs.
News
SimplyTrustSimplyTrust EditorialJune 20, 2026
Estate Planning for College Students: What Parents Need

Estate Planning for College Students: What Parents Need

When a child turns 18, parents lose automatic medical and financial access. Three documents can restore it before college starts.
News
SimplyTrustSimplyTrust EditorialJune 17, 2026
Estate Planning for Young Ohio Families: What to Know

Estate Planning for Young Ohio Families: What to Know

Ohio's default intestacy and probate rules can leave young families unprotected. Here's what parents need to know about wills, guardianship, and more.
News
SimplyTrustSimplyTrust EditorialJune 17, 2026
Estate Planning for Stepfathers in Blended Families

Estate Planning for Stepfathers in Blended Families

Hawaii estate law does not recognize stepfathers as legal parents. A coordinated estate plan closes that gap for blended families.
News
SimplyTrustSimplyTrust EditorialJune 17, 2026
NC Power of Attorney: What Happens If You Wait Too Long

NC Power of Attorney: What Happens If You Wait Too Long

In NC, a parent must have legal capacity when signing a power of attorney. Once that window closes, families face court-supervised guardianship.
News
SimplyTrustSimplyTrust EditorialJune 17, 2026
North Carolina Power of Attorney: Execution Requirements

North Carolina Power of Attorney: Execution Requirements

North Carolina requires notarization for financial POAs and two witnesses plus a notary for healthcare POAs — before capacity is lost.
News
SimplyTrustSimplyTrust EditorialJune 17, 2026
Signing Power of Attorney While Seriously Ill in NC

Signing Power of Attorney While Seriously Ill in NC

A seriously ill NC parent can still sign POA documents if mental capacity remains. Here's what families need to know before time runs out.
News
SimplyTrustSimplyTrust EditorialJune 16, 2026
Power of Attorney for a Parent in North Carolina

Power of Attorney for a Parent in North Carolina

North Carolina requires separate documents for healthcare and financial authority. Timing is critical — a parent must have capacity to sign.
News
SimplyTrustSimplyTrust EditorialJune 16, 2026
Remote Power of Attorney in North Carolina: What Families Need to Know

Remote Power of Attorney in North Carolina: What Families Need to Know

North Carolina allows remote POA preparation, but capacity and proper signing requirements must be met before a parent loses the ability to act.
News
SimplyTrustSimplyTrust EditorialJune 16, 2026
Power of Attorney Types: Which One Does Your Plan Need?

Power of Attorney Types: Which One Does Your Plan Need?

A 2026 guide breaks down durable vs. springing POAs, financial vs. healthcare authority, and why timing determines whether your plan works.
News
SimplyTrustSimplyTrust EditorialJune 16, 2026
Father's Day and Family Estate Planning in Massachusetts

Father's Day and Family Estate Planning in Massachusetts

Father's Day highlights why Massachusetts families need guardianship plans, wills, and trusts to protect the people who matter most.
News
SimplyTrustSimplyTrust EditorialJune 16, 2026
Kansas Families Need These 6 Legal Documents for Aging Parents

Kansas Families Need These 6 Legal Documents for Aging Parents

Kansas families need six essential legal documents for aging parents to avoid costly court proceedings and ensure proper care decisions.
News
SimplyTrustSimplyTrust EditorialJune 15, 2026
Maryland Court Expands Voting Rights for Disabled Adults Under Guardianship

Maryland Court Expands Voting Rights for Disabled Adults Under Guardianship

Maryland's appellate court ruled that adults under guardianship retain voting rights unless courts prove with clear evidence they cannot communicate a desire…
News
SimplyTrustSimplyTrust EditorialJune 14, 2026
Wisconsin Incapacity Planning: When Loved Ones Can't Make Decisions

Wisconsin Incapacity Planning: When Loved Ones Can't Make Decisions

Wisconsin families face complex decisions when loved ones show signs of cognitive decline affecting their ability to make legal and financial choices.
News
SimplyTrustSimplyTrust EditorialJune 14, 2026

NC Power of Attorney vs Will: Managing Business Affairs

North Carolina families need both powers of attorney for lifetime business management and wills for after-death property distribution.
News
SimplyTrustSimplyTrust EditorialJune 13, 2026

North Carolina Grandchildren Can Help Coordinate Estate Planning

North Carolina law allows grandchildren to help coordinate estate planning logistics for grandparents while preserving decision-making authority.
News
SimplyTrustSimplyTrust EditorialJune 12, 2026
Wisconsin Summer Travel: Essential Estate Planning Check

Wisconsin Summer Travel: Essential Estate Planning Check

Wisconsin attorneys emphasize reviewing estate planning documents before summer travel, as family members lack automatic authority during emergencies.
News
SimplyTrustSimplyTrust EditorialJune 12, 2026
When California Power of Attorney Documents Fail Banks

When California Power of Attorney Documents Fail Banks

California families often discover during medical crises that properly executed Power of Attorney documents face unexpected delays at banks and financial…
News
SimplyTrustSimplyTrust EditorialJune 12, 2026

NC Power of Attorney Can Be Completed Before Will Is Finished

North Carolina allows power of attorney documents to be executed before completing a will, providing crucial incapacity protection while estate plans develop.
News
SimplyTrustSimplyTrust EditorialJune 12, 2026
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