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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, composed to your state's statute, with the state's filing or delivery instructions.Estate ClosingPrepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's 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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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.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, and what proves the trust.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 missed-withdrawal tax.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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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.
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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 AssessmentWhether your state lets you open probate yourself, and what it costs with a lawyer and without one.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.
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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 missed-withdrawal tax.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→Incapacity Planning

News on Incapacity Planning

Learn about incapacity planning to protect your assets and healthcare decisions if you become unable to manage your affairs.

All topics925Probate and estate administration404Estate, inheritance, and gift taxes280Trusts130Wills38Powers of attorney and incapacity104Beneficiaries and inheritance350Medicaid and long-term care38Digital assets14
All tagsProbate308Inheritance272Tax Law236Power of Attorney69Estate Administration58Wealth Transfer57Estate Tax44Revocable Trusts42Wills38Guardianship35Financial Planning34Beneficiary Designations32Incapacity Planning30Trust Funding29Medicaid28Trust Administration28Trust27Retirement25Fiduciary Duty24Gift Tax24Executor21Probate Avoidance21Charitable Giving20Beneficiary Rights19Healthcare Proxy18Intestacy17Beneficiary16Executor Duties16Special Needs Trust16Asset Protection15Long-Term Care15Digital Assets14Elder Law14Inheritance Tax13Wealth Management13Divorce12Real Estate12Business Succession11Trustee11Trustee Duties11Will Contest11Healthcare Directive10Life Insurance10Blended Families9Conservatorship9IRA9Tax Planning8Capital Gains7Community Property7Cost of Probate7Gifting7Inherited IRA7Personal Representative7Probate Disputes7Small Estate7Cryptocurrency6Disability Planning6Estate Disputes6Family Conflict6Irrevocable Trust6Legacy6Creditor Claims5Family Dynamics5Federal Estate Tax5Generational Wealth5Great Wealth Transfer5Inherited Property5Litigation5Minor Children5Retirement Accounts5Trust Disputes5Wealth Tax5
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30 news posts

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
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
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
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
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
Coma Without a POA: What Maryland Law Does

Coma Without a POA: What Maryland Law Does

Maryland law does not grant spouses automatic authority during incapacity. Here is what happens without a POA and what documents prevent it.
News
SimplyTrustSimplyTrust EditorialAugust 31, 2026
Incapacity Without a POA: What Kansas Families Face

Incapacity Without a POA: What Kansas Families Face

Kansas families face conservatorship courts and frozen accounts when incapacity strikes without a power of attorney in place.
News
SimplyTrustSimplyTrust EditorialAugust 28, 2026
Incapacity Planning in Missouri: What Families Need

Incapacity Planning in Missouri: What Families Need

Missouri families face real legal gaps without incapacity planning. Learn what documents the state requires and why timing matters.
News
SimplyTrustSimplyTrust EditorialAugust 11, 2026
LGBTQ+ Estate Planning in California: What Families Need to Know

LGBTQ+ Estate Planning in California: What Families Need to Know

California's intestate laws leave unmarried partners legally unprotected. Here's what LGBTQ+ families need to know about estate planning.
News
SimplyTrustSimplyTrust EditorialAugust 6, 2026
When Kentucky Banks Reject Your Power of Attorney

When Kentucky Banks Reject Your Power of Attorney

Kentucky banks can legally reject a power of attorney. Here is what families need to know and what steps to take when it happens.
News
SimplyTrustSimplyTrust EditorialAugust 6, 2026
Guardianship vs. Conservatorship in Virginia

Guardianship vs. Conservatorship in Virginia

Virginia treats guardianship and conservatorship as separate legal roles. Here's what each covers and how proactive planning can avoid court entirely.
News
SimplyTrustSimplyTrust EditorialJuly 6, 2026
Avoiding Guardianship in South Carolina: What to Know

Avoiding Guardianship in South Carolina: What to Know

Court-appointed guardianship in South Carolina strips decision-making rights. These legal documents prevent it.
News
SimplyTrustSimplyTrust EditorialJune 23, 2026
Dementia Planning and Estate Planning in Missouri

Dementia Planning and Estate Planning in Missouri

Rising dementia rates make incapacity planning essential. Missouri's POA and healthcare directive rules mean timing is everything.
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
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
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