Wills and trusts

A will is a permission slip you write for your family.

It tells them who gets what, who is in charge, and who looks after the kids. Without one, your state writes one for you, and what your state writes is almost never what you'd choose.

A vintage fountain pen resting on a stack of cream documents tied with twine, on a worn walnut desk with a brass paperweight and a leather portfolio, lit by warm window light.

What a will actually does.

A will does four things, and it's worth keeping the list this short:

  1. Names an executor, the person who handles your stuff after you die. Spouse or oldest sensible child is most common.
  2. Names a guardian for any minor children. If you have kids under 18, this is the most important paragraph in the document.
  3. Says where your stuff goes. Specific items to specific people, the rest into a "residue" that's usually split among family.
  4. Optionally creates a small trust for kids, so they don't get a lump sum at 18.

It does not control your retirement accounts or life insurance. Those follow the beneficiary form you filled out years ago. It does not avoid probate. It does not work in another country. It does not say what happens if you can't speak for yourself; that's the advance directive.

Will or trust?

Most people don't need a trust. We mean it. A revocable living trust solves three specific problems:

  • You own real estate in more than one state, and you don't want each state to run its own probate.
  • You want privacy. Probate is a public court record; a trust is not.
  • Your estate is large enough that the percentage-based probate fees in your state hurt (looking at you, California, where statutory probate fees on a $1m estate run about $23,000).

Outside of those three, a will plus correct beneficiaries on your accounts is the simpler, cheaper, equally-good option. Be skeptical of any online service that pushes a trust on a $250k estate in Ohio.

Online will, or estate attorney?

Three honest tests. If you can answer yes to all three, an online service is fine:

  • Are you married once (or single), with no estranged children or stepchildren you care about including or excluding?
  • Are all your assets in one US state?
  • Is your situation roughly: one home, one or two retirement accounts, no business you own, no special-needs dependent?

If any of those is a no, hire an attorney. The cost difference is roughly $200 versus $600–$1,500. The cost of getting it wrong is your family's first year after you die.

How to actually do it this week.

  1. Pick the platform or attorney (use the form on this page if you'd like a shortlist).
  2. Block 90 minutes one evening. Don't try to do it in the gaps between things.
  3. Have these things on hand: your driver's license, a list of your accounts (not balances, just where), your beneficiary names with addresses.
  4. Get it signed and witnessed under your state's rules. Two witnesses is universal, notarisation is required in some states (Louisiana) and optional-but-smart in most.
  5. Tell your executor where the original is. The original is the one that counts in court; copies don't.

What this page doesn't cover.

We haven't talked about generation-skipping trusts, charitable remainder trusts, intentionally defective grantor trusts, or any of the planning that makes sense at $5m+ estates. If that's you, the right next call is a board-certified estate planning attorney, not us. We are aimed at the 80% of US families with under $1m in net worth, where the goal is "no fight, no surprises, no Medicaid lookback nightmare".

Common questions about wills and trusts.

Do I really need a will? +

If you have anything you care about (a home, a kid, a pension, a vintage Telecaster) yes. Without a will, your state's intestacy law decides who gets what. In most states the spouse and children split it in a way that almost no family actually wants. The will takes a couple of hours. The fight over not having one takes years.

Will or trust? +

For most American families, a will is enough. A revocable living trust adds value when you own property in more than one state, you want to keep things private (probate is public record), or your estate is large enough that probate fees genuinely sting. Don't let an online service upsell you a trust if a will would do.

What happens to my retirement accounts and life insurance? +

They pass by beneficiary designation, not by will. The form you filled out at the bank or HR office controls. Check your beneficiaries today. The most common estate-planning mistake we see is a 401(k) still naming an ex-spouse from 1998.

Does an online will hold up in court? +

Yes, if it's signed and witnessed correctly under your state's law. Two witnesses, sometimes a notary, depending on the state. The online services walk you through this. The thing that makes a will fail in court is almost never the platform; it's the signing step.

I'm divorced. I have step-kids. I have a small business. Should I just hire someone? +

Yes. Spend the $800–$1,500 on an estate attorney. Anything outside 'married once, two kids, paid-off house, normal accounts' is the territory where DIY tools cost more in confusion than they save in fees.