Frequently Asked Questions
Estate planning is like taxes. Everyone knows they need to do it, but they don't have a lot of knowledge on how it works. Often, they rely on hiring someone to do what they need, but before you meet with a professional, here are some basic questions answered for you. These legal questions are among the most frequently asked in our West Linn, OR, law firm.
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1
What is a will, and why do I need one?
A will is a legal document that outlines how you want your assets distributed after you pass away. It also lets you name guardians for minor children and an executor or personal representative to manage your estate. Learn more about wills.
2
What happens if I die without a will in Washington, Oregon, California, Nevada, or Florida?
If you die without a will, state law decides who inherits your assets, which may not reflect your wishes.
3
Can I write my own will, or do I need a professional?
You can write your own will, but mistakes or unclear wording can lead to legal issues or probate delays.
4
How often should I update my will or trust?
Review your will every 3–5 years or after major life events like marriage, divorce, a new child, or a major asset change.
5
What is a living trust, and how is it different from a will?
A living trust allows your assets to be managed during your lifetime and transferred without probate after death, unlike a will which only takes effect after you die. A trust can help avoid probate and give more control over how your assets are distributed, especially for families who would not like beneficiaries to receive everything in one large sum. Learn more about trusts.
6
Is a trust necessary if I have less than $5 million in assets?
Yes, a trust is often helpful even for smaller estates, especially if you own real estate or want to avoid probate.
7
What is a Power of Attorney ("POA"), and why is it important?
A POA lets someone make financial or legal decisions for you if you can’t do so yourself. You may want to consider an adult power of attorney for your children who are 18 and older, so you can help them if a crisis arises.
8
What happens if I don’t have a POA, and I become incapacitated?
Without one, your loved ones may need to go to court to get guardianship or conservatorship over you, which can be expensive and time-consuming.
9
What is an advance healthcare directive?
It’s a document that outlines your medical wishes and names someone to speak for you if you can’t make your own decisions.
10
What kind of decisions can be included in a healthcare directive? Are they binding?
You can include decisions about life support, pain management, organ donation, and more. Each state recognizes healthcare directives if they meet specific legal requirements and even medical professionals are generally required to follow your documented wishes unless they conflict with hospital policy.
11
What is a disposition of remains document?
It’s a legal form stating your wishes for burial, cremation, or other arrangements after death.​
12
Is my family legally required to follow my wishes for my remains? What happens if I don’t leave instructions for my remains?
If you’ve legally documented your wishes and named an agent, they must generally be followed under state law. If you don't have a disposition of remains, state law will determine who has authority, usually your next of kin, and they’ll make decisions on your behalf.
