Estate Planning Frequently Asked Questions

Many wills and trusts forms and online estate planning options try to be “one size fits all.” Estate planning simply doesn’t work that way. “One size fits all” and “simple” wills and trusts cause confusion, disagreements, heartache, and lawsuits.

I created these forms specifically to solve that problem, by tailoring each set to a particular need and situation. Each set has been customized based on my years of experience working with clients to prepare custom wills and trusts - one set for single parents, another set for married parents, another set for those without kids, etc. People in each of these situations have different estate planning needs. Customizing these forms accordingly ensures they better suit the needs of people in each circumstance. You shouldn’t have to try to fit you situation into the form - the form should fit you before you even start.

Starting with customized forms also makes them easier to complete. Because of the way these documents are pre-customized for your situation, there is less that you need to do to craft them to suit you. You pick the set that’s already customized for you, add a few names and make a few choices, and you’re done. I’ve done most of the work for you, and set you up for success. And I’ve provided complete, fun examples as well as annotated versions to make it easy to see what to do.

This solves the other issue I often see - online forms that don’t provided clear instructions, resulting in documents that don’t do what you think they do. Problems may not be discovered until it’s too late, and your family is left with no good options. Wills and trusts are complicated. Online services that make them seem otherwise are hiding the truth. It takes a skilled, experience attorney to take a complicated concept and provide good results, and no one-size-fits nobody option can do that.

Of course. When I work with my clients one on one, I use my years of education and experience in this field to listen to their needs and goals, provide options, answer questions (and know which questions to ask), and translate those into custom legal documents. I also provide accountability, structure, and guidance to help my clients keep moving forward and give them complete relief and confidence when this is done. If you’ve ever worked with a coach, tutor, mentor, or personal trainer, you’ve likely found that challenging projects and goals are easier to achieve with an expert guiding you through and keeping you on track. You’re capable of doing this on your own - but will you? And will the end result meet your goals?

There are also situations that absolutely warrant custom documents. If your needs and goals don’t fit within the structure of these templates, you should not use them.

If you have a blended family, special needs beneficiaries, complex assets, or non-U.S. citizenship or assets, please seriously consider working with me one-on-one to create custom documents that address these considerations. There is so much potential for an expensive, emotional, contentious mess for your heirs. You won’t be here to know about it; is that what you want for them?

AND there are situations where these forms will absolutely do what you need them to: provide you with the confidence that in case of illness or death, you and the people, pets, and charities most important to you will be provided for the way you would want them to be.

If your circumstances and needs fit what I’m offering, these are the best forms to achieve your goals.

Yes!

We can transfer your real estate to your trust for you.

Deeds should always be prepared by an experienced attorney, as the details are critical and mistakes can impact ownership of your most important assets, and property taxes for as long as you (or even your kids!) own the property.

Yes!

If you have or create a trust and own a sole proprietorship, LLC, partnership, or corporation, we’ll need to prepare additional documents to assign your business interest to your trust.

This additional documentation avoids the need for a probate court to oversee the operation or winding up of your business if you become incapacitated or deceased. Even businesses with limited assets can be costly to handle if they are not assigned to a trust.

Yes!

Pets are an important part of my family. If they are for you as well, make sure to complete the pet-related forms included with your documents. You may choose to include them in the “Personal Property Memorandum” if you wish to gift your pets to someone other than your children. (I know it’s weird to think of pets as property, but this is an effective way to provide for their care.) Important pet care language is also included in other documents in these packages.

These are the only DIY options I’m aware of that include critical provisions to care for your pets. Most attorneys don’t even include these - let’s change that by increasing awareness!

At this time we are offering custom-drafted pet trusts, but do not yet have a DIY pet trust option. Pet trusts can be a great option when you want to provide significant (6 figure +) funding and structure to provide for your pet(s). When gifting smaller amounts for pet care, pet trusts may not be the best option due to the cost of ongoing administration, but let’s discuss your options. A reasonable summary of information on pet trusts can be found here: ASPCA Pet Trust Primer. Simpler and more common options (with their own pros and cons) include naming in your will or revocable living trust (not pet trust) who will be responsible for your pet if you pass away, providing a cash gift for their care, and sharing written instructions about how best to help them have a happy and healthy life.

Use the included link within 6 months of purchase to schedule a free 15 minute phone call to discuss your questions.

If you find that you want a little more time to discuss your questions, schedule an additional call at an additional cost.

Contact us at info@marisanelson.com within 6 months of purchase to upgrade to work with us one-on-one and receive a credit for the amount you paid for this download. As an example, if you paid $1,500 for a DIY estate plan, and our current fee for a one-on-one estate plan is $4,000, the cost to upgrade will be $2,500. You essentially got to try the DIY option for free. Upgrade must be paid within 6 months of purchasing DIY. Subject to conflicts check and scheduling availability, and meetings may be conducted by phone, zoom, or in person, depending on our availability and your preference.

If you have any children under the age of 18, make sure you complete a guardian nomination as part of your estate plan. Guardian nominations are included in all of our estate plans for parents.

If you don’t have children under the age of 18 years old but may in the future, you can complete a guardian nomination now with the option to update it later, or wait until you have children if you prefer.

If you have children over the age of 18 years old you do not need to complete a guardian nomination, but they should be listed in your will and/or trust. All of our wills and trusts for parents leave assets equally to children. If you have children but don’t want to leave your assets equally to all children, schedule a consultation with Marisa to discuss the best way to achieve your goals.