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Commonly Asked Questions about Estate Documents

Contents. A comprehensive estate plan typically includes four estate planning documents. These documents include a financial power of attorney, an advance care directive, and a living trust or a last will. Heres what each of these documents accomplishes.
Besides making sure your assets get to the people you choose, planning can help minimize income, gift and estate taxes, too. Without an estate plan, and specifically a will, the laws in your state will determine what happens to your possessions, and the courts will decide who gets custody of your children.
In common law, an estate is a living or deceased persons net worth. It is the sum of a persons assets the legal rights, interests, and entitlements to property of any kind less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person.
When someone passes away, all of the real estate and personal property that they currently own individually becomes estate property. This means that, until the property is distributed to the deceaseds heirs and beneficiaries, their assets are simply considered to belong to the estate.
An estate plan is a collection of documents and includes a will, guardianship designations, healthcare power of attorney, beneficiary designations, durable power of attorney, and a personal letter of intent, outlining your wishes, should you die or become incapacitated.
4 Documents Suze Orman Says You Need Will. A will is a legal document that, among other things, outlines where you want your assets to go after you die. Living Revocable Trust. Durable Power of Attorney for Healthcare. Advance Directive.