No. GoodWills is not a law firm and does not provide legal advice. We offer self-help tools and AI-assisted legal forms. If you require personalized guidance or have a complex estate plan, you may wish to consult with a licensed attorney.

An Estate Plan is a comprehensive set of documents that details how you want your personal and financial affairs to be handled after your death. It is not only about distributing assets but also about planning for your loved ones and your own future needs should you ever become unable to care for yourself.

The importance of having an Estate Plan cannot be understated. It allows you to:

1. Specify how your assets will be distributed after your death.
2. Name a guardian for your minor children.
3. Designate someone to manage your financial affairs if you become incapacitated.
4. Specify your wishes for medical treatment if you become unable to communicate them.
5. Minimize potential estate taxes and probate fees.

An estate plan typically consists of the following documents: 

• A will or trust
• Financial power of attorney
• Medical power of attorney
• Living will
• Advance healthcare directive

If you die without an estate plan, state law (called intestacy) determines who gets what. That default plan may not match your wishes.

Common consequences can include:

• Your spouse receiving only part of the estate, with the remainder going to children/other relatives
• Loved ones you intended to provide for (partner, friend, charity) receiving nothing
• Blended-family conflicts and unintended outcomes
• The court choosing a guardian for minor children if both parents die
• Delays and costs from probate
• Business succession uncertainty
• Missed tax planning opportunities
• Charitable intentions not being carried out

GoodWills is powered by Snug, an estate planning platform that guides you through a clear, step-by-step online process. By answering simple questions about your wishes and personal circumstances, our system creates a customized, state-compliant legal form that you can download, print, and sign according to your state’s requirements.

Yes. All legal forms offered by GoodWills are designed to be compliant with the estate planning laws of all 50 U.S. states. To make your will or trust legally effective, you must complete the required witnessing or notarization procedures specific to your state.

This guide will help you decide whether your situation is best served by a Will, a Trust, or professional guidance from an estate planning attorney. Read the sections below and choose the category that most closely matches your circumstances. 

When a Will Is Sufficient

A Will typically meets your needs if your estate is straightforward and your primary goal is to clearly state your wishes about asset distribution and guardianship of minor children after your passing.

A Will may be enough if:

1. Your total assets are modest and your estate may qualify for your state’s simplified “small estate” procedures (rules and thresholds vary by state).
2. Your beneficiaries are adults, and you’re comfortable with them receiving lump-sum distributions.
3. You own property only within a single state, avoiding multiple probate proceedings.
4. Your primary concern is naming guardians for minor children and an executor for your estate.
5. You’re not concerned with privacy, since Wills generally become public record during probate.

When You Should Consider a Trust

Trusts are ideal when your estate is more substantial, you want greater control over distributions, or privacy and speed in settling your estate are important.

You should consider a Trust if:

1. You want to avoid probate (or minimize it) for your heirs.
2. You own property in multiple states, which can make probate more costly and complex.
3. You prefer to distribute assets gradually or based on specific conditions (such as age milestones or achievements).
4. Privacy is important to you, since trusts generally do not become public record the way probate filings can.
5. You want seamless asset management in the event of incapacity, reducing the likelihood of a court-appointed conservatorship/guardianship.
6. You have a blended family, with specific concerns about protecting assets for both a surviving spouse and children from a previous relationship.
7. You have a beneficiary with special needs or significant financial vulnerabilities, requiring specialized management or protection of assets.

When to Consult an Estate Planning Attorney

Professional legal guidance becomes especially important when your situation goes beyond standard Wills and Trusts.

You should consult an attorney if:

1. Your estate may owe federal or state estate taxes (for example, if your assets exceed the federal exemption amounts). As of IRS guidance, the federal basic exclusion amount is $13.99M per person for deaths in 2025 and $15M per person for deaths in 2026 (married couples can generally double these amounts). IRS+1
2. Your family dynamics are complex or contentious, increasing the likelihood of disputes.
3. You plan significant unequal distributions or disinheritance and want the plan drafted precisely to reduce challenges.
4. You want advanced planning tools (e.g., irrevocable trusts, asset protection trusts, dynasty trusts, charitable trusts).

GoodWills is powered by Snug which uses secure storage and encryption to help protect sensitive personal and financial information. Your documents are stored securely and are available only to authorized users.

Yes! Simply create an account and you will be able to go through the will and trust guided questionnaire without committing to a purchase. You only pay when you are ready to finalize your documents. 

Powers of attorney are free during Beta, which is a great way to get started with your estate plan!

We are offering free powers of attorney during Beta. Simply create an account and follow the steps to create your free general power of attorney and healthcare directive. No credit card required. 

Yes. Your portal provides online access so you can view and download your documents anytime, and securely share them with trusted loved ones and advisors through the platform.

Probate is the court process for administering an estate after death. It can be slow and public.

Ways to reduce or avoid probate can include:

• Using a properly funded trust
• Keeping beneficiary designations updated
• Titling assets thoughtfully (where appropriate)

In general, both a Will and a Trust can be solid foundations for an estate plan:

• A Will says who receives your assets after you die (and can name guardians for minor children).
• A Trust can offer more control and privacy and may help your loved ones avoid probate.

A Will may be a good fit if:

• You have a smaller estate with relatively simple assets.
• Your family situation and distribution wishes are straightforward.
• You’re comfortable with probate, which is public and can take months (sometimes longer).

A Trust may be a good fit if:

• You have more complex assets (real estate, business interests, etc.).
• You want to avoid probate and maintain privacy.
• You want to control how and when beneficiaries receive assets (for example, distributions at ages 25/30/35).
• You’re planning for a loved one with disabilities (a special needs trust can help protect benefits eligibility).
• You own property in more than one state and want to avoid multiple probate proceedings.

A living trust is created (and usually funded) during your lifetime. It can help avoid probate and maintain privacy.

A testamentary trust is created through your will and starts after death. It can be useful for managing assets for beneficiaries, but it typically does not avoid probate.

A joint trust is created by two people (often spouses) and holds shared assets. Individual trusts are created by one person and hold that person’s assets.

Which approach makes sense depends on your goals and what you own.

Example (simple illustration)

John and Sarah are married and own:

• A home
• Joint bank accounts
• Individual investment accounts

If they create a joint trust:
They can move shared assets into one trust and manage everything under one plan.

If they each create individual trusts:
Each person moves their separately owned assets into their own trust. Joint assets can be handled in one trust or split, depending on preference and state law considerations.

Note on community property states

In community property states (for example, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), many assets acquired during marriage are treated as jointly owned. A joint trust can be a good fit for those shared assets. Separate property (like assets owned before marriage or inherited) may still be placed in an individual trust.

Funding a trust means transferring assets from your name into the trust’s name. This step is essential because a trust can only manage and distribute assets it owns.

Common funding steps (by asset type)

• Real estate: sign and record a new deed naming the trust as owner
• Bank accounts: retitle accounts with the bank into the trust name
• Investment accounts: update ownership with your brokerage/institution
• Personal property: sign an assignment/bill of sale for certain items
• Business interests: update governing documents to reflect trust ownership (process varies)

What to include (general guidance)

Most people include assets that would otherwise go through probate, such as:

• Real estate
• Non-retirement financial accounts
• Certain valuable personal property

Assets that often require extra caution

• Retirement accounts (401(k), IRA): beneficiary and tax rules are unique; often better to name individuals rather than the trust
• Life insurance: usually passes by beneficiary designation; may not need to be owned by the trust
• Low-value/sentimental items: may not need formal trust funding

A special needs trust can provide support for a person with a disability without disqualifying them from needs-based government benefits (depending on structure and rules). Consider this if you want to leave assets to a loved one with special needs.

A trust only controls assets that are actually transferred into it (“funded”).

A Pour-Over Will directs that any assets still in your name at death should be transferred (“poured over”) into your trust. This helps ensure your assets are ultimately distributed under the trust’s terms.

Your executor or trustee plays a key role in carrying out your estate plan. This is the person (or institution) responsible for managing details, paperwork, and the distribution of your assets—often during an emotionally difficult time for your loved ones.

What Is an Executor?

If you have a Will, the executor is responsible for carrying out your instructions after your death. Common duties include:

• Locating and organizing assets
• Paying debts and expenses
• Filing required tax returns
• Distributing assets to beneficiaries according to the Will
• Communicating with heirs and the court/probate process (if required)

What Is a Trustee?

If you have a Trust, the trustee manages the assets held in the trust.

With a revocable living trust, many people serve as their own trustee while they’re alive and well, and then name a successor trustee to take over after death—or if they become incapacitated.

A trustee’s responsibilities may include:

• Managing and investing trust assets
• Paying expenses and carrying out trust instructions
• Making distributions to beneficiaries (sometimes over time)
• Keeping records and providing required notices/accounting (as applicable)

How to Choose the Right Person

When selecting an executor or trustee, consider:

• Trustworthiness: They may have significant control over your property—integrity is non-negotiable.
• Organization: Estate and trust administration involves paperwork, deadlines, and record-keeping.
• Financial comfort: They don’t need to be an expert, but they should be able to handle finances—or seek professional help when needed.
• Availability and willingness: Make sure they’re willing to serve and have the time/energy to do it.
• Age and health: Ideally, choose someone likely to be able to serve when the time comes.

Tell Them and Keep Them Informed

Once you choose someone, let them know. A quick conversation now helps ensure they understand the responsibility—and know where to find important information when needed.

A financial power of attorney lets you appoint someone to manage your finances if you become incapacitated. It helps ensure bills get paid and financial decisions can be handled smoothly.

When choosing a Financial Power of Attorney, be sure to consider:

• Trustworthiness: The agent will have access to your finances so they should be someone you trust implicitly.
• Financial Savviness: While not required, it is beneficial if the agent has some understanding of financial matters or is willing to consult with professionals when needed.
• Organization and Diligence: Managing someone's financial affairs requires keeping detailed records and staying on top of various tasks.
• Availability and Willingness to Serve: Ensure that the person is willing to take on the responsibility and will likely be available and capable to serve when needed.

Remember to have an open discussion with the person you are considering as your Financial POA. They should understand their responsibilities and be willing to act on your behalf if needed. Also, consider naming a successor agent who can step in if your first choice is unable to serve.

Once established, your Financial POA should be kept in a safe, accessible place, and a copy should be given to your agent. It's important to review your Financial POA periodically and make updates as necessary, especially if your financial situation or personal relationships change. Always consult with a legal professional when creating or updating a Financial Power of Attorney to ensure all legal requirements are met.

These terms are often used interchangeably, but they can mean slightly different things.

Living Will

A Living Will expresses your wishes about end-of-life care if you can’t communicate. It often covers things like life support and other interventions.

Medical Power of Attorney (Health Care Proxy)

A Medical Power of Attorney appoints a trusted person to make medical decisions for you if you’re incapacitated.

Health Care Directive / Advance Directive (what you get with GoodWills)

A Health Care Directive (Advance Directive) typically includes both:

• Your end-of-life preferences (Living Will portion), and
• Your chosen decision-maker (Medical Power of Attorney portion)

A Medical Power of Attorney (also called a healthcare proxy or healthcare power of attorney) is a key part of an estate plan. It allows you to name someone you trust to make medical decisions for you if you’re unable to make them yourself.

Without a Medical Power of Attorney, if you become incapacitated, a court may need to appoint a guardian or conservator to make healthcare decisions on your behalf. That process can be time-consuming and stressful for loved ones—especially during a crisis.

By appointing a Medical Power of Attorney, you choose the person who will speak for you and help ensure your wishes are respected.

What to Look for in Your Healthcare Agent

When choosing your Medical Power of Attorney, consider:

• Trust and understanding: Choose someone who knows your values and will follow your wishes—even when decisions are difficult.
• Calm under pressure: Medical situations can be intense. Pick someone who can stay grounded, ask questions, and communicate clearly with doctors.
• Availability: Ideally, your agent is reachable quickly in an emergency. If they live nearby and can attend appointments with you, that’s a plus.
• Willingness to serve: Confirm they’re comfortable taking on the role and ready to act if needed.

Have the Conversation

Once you’ve chosen your healthcare agent, talk through your preferences in detail, including:

• Views on life-prolonging treatment and resuscitation
• Comfort care and pain management
• End-of-life care preferences
• Religious or spiritual beliefs that may affect medical decisions
• Any “non-negotiables” you want your agent to advocate for

Clear conversations now can make an enormous difference later—for both you and the people you love.

Making end-of-life decisions is an important part of a comprehensive estate plan. These choices may include your preferences for medical treatment, your final resting place, and your wishes for a funeral or memorial service.

Putting your preferences in writing gives your loved ones clear guidance during a difficult time—and spares them from having to guess what you would have wanted.

Key Elements to Consider

• Living Will (Health Care Instructions):
  A Living Will outlines your preferences for medical treatment if you’re unable to communicate. This often includes situations like terminal illness or permanent unconsciousness. Documenting these wishes helps ensure your care aligns with your values.
• Choosing a Final Resting Place:
  Your final resting place is where your body or cremated remains will be placed after death. Options may include a family plot, a cemetery columbarium niche, or scattering ashes in a meaningful location (where legally permitted). Your choice should be documented and shared with the people who will carry it out.
• Final Arrangements:
  Final arrangements address what happens immediately after death—such as burial or cremation—and any specific religious, cultural, or personal rituals you want observed. Writing this down helps ensure your wishes are honored and can ease the burden on loved ones.
• Funeral or Memorial Service Preferences:
  A funeral or memorial service allows loved ones to celebrate your life and begin the grieving process. You can specify details like location, readings, music, speakers, attire, or whether you prefer something traditional, informal, or private.

GoodWills lets you store information and instructions related to these end-of-life decisions in your portal so they are available to share with your loved ones. 

If you have minor children, naming a backup guardian is one of the most important (and loving) choices you can make in your estate plan. If you were to pass away or become incapacitated, this person may step in to care for your children.

If a child’s parents are unable to care for them, a court will appoint a guardian. By naming a backup guardian in your estate plan, you help ensure the person you trust most is the one raising your children.

What to Consider When Choosing a Guardian

When deciding who to name, think about:

• Willingness to serve: Choose someone who is genuinely willing and able to take on the role.
• Age and health: Consider whether they’ll have the energy and capacity for the day-to-day demands of parenting.
• Location: If they live far away, your children may need to relocate, which can add stress and disruption.
• Parenting style and values: Look for alignment with your approach to parenting, beliefs, and core values.
• Relationship with your children: It helps if your children already have a strong, positive bond with the person.
• Financial responsibility: The guardian typically isn’t expected to personally fund your child’s upbringing (that’s what your Will or Trust can address), but they should be financially responsible and organized.

Talk With Potential Guardians

Before naming someone, have an open conversation to confirm they’re comfortable taking on the responsibility. Clear communication now can prevent confusion—and protect your children—later. 

Beneficiaries are the people or organizations who will inherit your assets after you pass away. Choosing them carefully is one of the most important parts of an estate plan—because it determines who receives what.

When you name beneficiaries, you stay in control of where your assets go. If you don’t, state law will decide how your assets are distributed, and that default plan may not match your wishes.

Who Can Be a Beneficiary?

You can name many different types of beneficiaries, including:

• Family and loved ones (spouse, children, grandchildren, other relatives)
• Friends and non-relatives (including close friends or, in some cases, caregivers)
• Charities or organizations (if you want to support a cause you care about)
• Trusts (helpful for minors, special needs planning, or when you want added control over how and when assets are distributed)

Where Beneficiaries Are Named

Beneficiaries are often named in your Will or Trust. But many assets allow you to name beneficiaries directly, including:

• Life insurance policies
• Retirement accounts (like 401(k)s and IRAs)
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

Keep Beneficiary Designations Updated

It’s smart to review your beneficiary choices periodically—especially after major life events such as:

• Marriage or divorce
• Birth or adoption of a child
• A death in the family
• A significant change in finances or relationships

Keeping beneficiary designations up to date helps ensure your plan continues to match your intentions.

Personal possessions—like heirlooms, gifts, and keepsakes—are often the most meaningful part of an estate plan. These items may not be your biggest assets financially, but they can carry enormous sentimental value and become a lasting way to honor relationships and family history.

In your Will or Trust, you can specify who should receive particular items. This could include anything from jewelry and artwork to a cherished book collection. The more specific you are, the more you reduce the chance of confusion or conflict later.

Tips for Leaving Personal Items

When deciding who should receive gifts and heirlooms, consider:

• Value: Think about both the monetary value and the sentimental meaning—and who would truly appreciate it.
• Personal ties: Some items may be especially meaningful to certain people because of shared memories, hobbies, or family history.
• Fairness: “Equal” isn’t always possible (or desirable), but aim for distributions that feel fair and thoughtful.
• Open communication: Talking with loved ones can reduce surprises, manage expectations, and prevent misunderstandings.
• No-contest clause (where appropriate): Some estate plans include a no-contest clause to discourage legal challenges. If someone contests the plan and loses, they may risk losing what they would have received.

A Note on Preventing Conflict

Emotions can run high when it comes to personal possessions. Clear instructions—and a little planning—can help your loved ones focus on remembering you, not arguing over belongings.

If you have valuable items, a blended family, or concerns about disputes, it may be worth consulting an estate planning attorney to make sure your wishes are clear and enforceable.

Yes! Our guided questionnaire will give you the opportunity to add a guardian for your pet. 

Digital assets can be addressed in your estate plan. You can include instructions for handling online accounts and note where trusted people can find access information. For cryptocurrency, it’s especially important to keep access keys stored securely and make sure someone knows where to find them.

Yes. Most estate plans can be amended or replaced as your life changes. It’s smart to revisit your plan periodically.

A good rule of thumb is every 3–5 years, and anytime you have a major life change, such as:

• Marriage or divorce
• A new child or grandchild
• A significant change in assets
• A move to a new state

Where to Store and Share Your Estate Plan

Your original signed documents should be kept safe! To make sure your plan is easy to find when it matters most:

• Tell the right people where it’s stored. Share the location of your documents with your health care agent (medical decision-maker), executor, trustee, and one or two trusted loved ones.
• Keep it accessible—but secure. Store copies in a secure place that your trusted people can access quickly if needed. Many people use a fire-proof safe or a safety deposit box. 
• Update it over time. Review your instructions after major life changes (marriage, divorce, a new child, a move, or a major health diagnosis).
• Don’t rely on “someone will find it.” The best plan is one that’s easy to locate and clearly communicated.

GoodWills Portal

The GoodWills platform includes a secure portal where you can store key information and documents and share access with trusted loved ones—so your wishes are available when they’re needed, without scrambling through paper files or email threads. 

Estate planning is full of specific (and often confusing) legal terms. Understanding the basics below will help you move through the process more confidently. Note: terminology and document names can vary by state.

Advance Directive (Advanced Medical Directive)
A document that states your healthcare preferences if you can’t communicate them yourself. In many states, this includes both (1) end-of-life instructions (often called a “Living Will”) and (2) naming a person to make medical decisions for you.

Beneficiary
A person or organization you name to receive assets—either from your estate generally or from a specific account (like life insurance or a retirement account).

Estate
Everything you own and owe at the time of death (assets and debts).

Executor
The person you name in your Will to carry out your instructions—such as filing paperwork, paying debts, and distributing assets.

Financial Power of Attorney
A document where you appoint someone (your agent or attorney-in-fact) to manage financial and legal matters for you if you’re unable to do so.

Guardian
The person you nominate to care for your minor children if both parents die before the children become legal adults (often 18, depending on the state).

HIPAA Authorization
A document that allows the people you name to receive your protected health information (for example, to speak with doctors or access medical records).

Intestate
Dying without a valid Will. If you die intestate, state law decides who inherits your assets.

Last Will & Testament
A legal document that states who will receive your property after death and who will serve as executor. It can also name guardians for minor children.

Pour-Over Will
A type of Will often used with a Trust. It directs that assets still in your name at death be transferred (“poured over”) into your Trust—so they can be distributed under the Trust’s terms.

Living Will
A document that outlines your preferences for end-of-life medical treatment—such as whether you want life-sustaining measures if recovery isn’t expected. (In many states, this is included within an Advance Directive.)

Personal Representative (PR)
In some states, the “executor” is called a personal representative—the person responsible for administering your estate and carrying out your Will.

Power of Attorney (POA)
A legal document giving one person (the agent/attorney-in-fact) authority to act for another person (the principal). A POA can be financial, medical, or both depending on state law and the document.

Probate
The court process used to validate a Will (if there is one), pay debts and taxes, and distribute assets. Probate rules, timing, and costs vary by state.

Revocable Living Trust
A Trust you create during your lifetime that you can change or revoke. It can provide instructions for managing assets during incapacity and distributing them after death, and it may help avoid probate for assets properly titled in the Trust.

Schedule of Assets (Trust Schedule)
A list of assets associated with your Trust. This can be updated over time as you add or remove assets. (Some assets still require formal retitling to be fully “funded” into the Trust.)

Trust
A legal arrangement where a trustee holds and manages property for the benefit of one or more beneficiaries, according to written instructions.

Trustee
The person or institution responsible for managing the Trust and following its terms—during your lifetime and/or after death.

Will
A legal document that states who inherits your property at death and who will administer your estate. It can also name guardians for minor children.

If you have questions or need help making estate planning decisions, we highly recommend consulting with an attorney licensed in your state. GoodWills staff cannot answer legal questions or provide advice.  

GoodWills is working on creating an attorney network to make getting help easy. 

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