Frequently Asked Questions About Complete Wills

Do I need a lawyer to write my Will?

Nope. You don't need to hire an attorney to create a legally valid Last Will and Testament. Unless your estate is particularly large or complex, you can write your own Will easily and quickly.

Do I need a Will?

Yes. Absolutely. Even if you don't have a large estate. Even if you're young and healthy. Everyone should have a Will. A Will is one of the strongest tools for taking care of your loved ones when you go. If you pass without a Will, a probate court will take control of your estate and make its own decisions about how to disperse it.

What's the difference between a Will and an Estate Plan?

A full Estate Plan is more than just creating a Will. It also includes documents like a Living Will, Living Trust, Power of Attorney, and Advance Directive. These documents cover every situation both before and after death to ensure your wishes are carried out.

Trusts FAQs

Do I need an attorney to form a Living Trust?

No. You can create a legally-binding Living Trust yourself. However, you must sign the document in the presence of a notary public for it to be legally valid. After you receive your Trust form from complete Wills, simply print it out and take it to a notary to sign. Many banks offer a free notary service for their customers.

Does a Living Trust avoid estate taxes?

This depends on the type of Trust. Assets and property in a Revocable Living Trust are still subject to estate taxes. If you want to avoid taxes, choose an Irrevocable Living Trust in which the assets and property are no longer considered part of the Trust makers' estate.

What's the difference between a Revocable Living Trust and an Irrevocable Living Trust?

A Revocable Living Trust goes into effect while the Trust maker is still alive, and can be changed or revoked. An Irrevocable Living Trust doesn't go into effect until after the Trust maker passes away. Assets in an Irrevocable Living Trust are locked and cannot be changed after the Trust is created.

Do I still need a Last Will and Testament if I create a Trust?

Yes. To maintain full control over how your estate will be distributed, having an official Last Will and Testament is always a good idea. Although Trusts avoid probate, they are not a substitute for a Will. A Trust can instead be used to enhance or simplify a Will.

Guardians FAQs

What happens if I don't name a guardian?

If you have children under the age of 18 and don't name a legal guardian, the child's surviving parent has custody rights. If both parents are deceased, the court will choose a guardian. This is often, but not always, a relative of the child — an aunt, an uncle, or grandparents. If you leave no specific instructions, you are leaving the decision of your children's care and future in the court's hands.

Is my nomination of a guardian legally binding?

Mostly, yes. The court will appoint your chosen guardian unless:
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• The named guardian turns down the position
• The court finds the named guardian unfit to fulfill their duties
• The named guardian dies before you

What happens if my nominated guardian can't serve?

When you write your will, you can name alternate guardians in case your first choice is unable or unwilling to serve the role. The court will appoint one of these alternates if your primary designated guardian falls through. If you don't provide any alternates, the court will decide based on what it sees as the child's best interests, usually one of the child's relatives.

Cost, Pricing & Services FAQs

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