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Estate planning is the legal framework for what happens to your money, your stuff, and your medical care if you can't make decisions for yourself or after you die. Most adults need it. Most adults don't have it. The reason is usually 'I'll get to it later', which works until it doesn't.
The five basic documents
- Will: directs who gets your stuff and who cares for minor children. Without one, the state decides.
- Durable power of attorney: names someone to handle your finances if you become incapacitated.
- Healthcare proxy (or healthcare power of attorney): names someone to make medical decisions if you can't.
- Living will (or advance directive): your written preferences for end-of-life medical care.
- HIPAA authorization: lets named people access your medical records and talk to your doctors.
Beneficiary designations matter more than your will
Retirement accounts (401(k), IRA), life insurance policies, and many bank accounts pass directly to whoever is named as beneficiary, overriding anything in your will. If you got divorced and never updated the beneficiary on your 401(k), your ex still inherits it. Check these every few years.
How to actually do this
- DIY services (LegalZoom, Trust & Will, Rocket Lawyer): $100-300, fine for simple situations
- Estate planning attorney: $500-2,500, recommended if you have significant assets, blended families, special needs dependents, or business interests
- Free options: many states have free will templates; some employers offer free legal services as a benefit
When to revisit
- Marriage, divorce, or remarriage
- Birth or adoption of a child
- Significant changes in assets
- Move to a different state (estate laws vary)
- Death of a named beneficiary or executor
- Every 3-5 years even without a major change
What this lesson is NOT
This is not legal advice, and it does not replace an estate attorney. State laws on wills, powers of attorney, and probate vary, and a mistake can undo your intentions. Use this to understand the five basic documents and why they matter, then get them done properly for your state.
Quick check on this lesson
Answer each question and we’ll show you why the right answer is right, and why the others aren’t.
- 1.
Which document do beneficiary designations OVERRIDE in determining who inherits a 401(k) or life insurance policy?
- 2.
Which document names someone to make MEDICAL decisions if you can't?
- 3.
When should you REVISIT your estate plan?
0 of 3 answered