Estate Planning Frequently Asked Questions
BUT FIRST… SOME CLIENT THOUGHTS
“Marisa has been a pleasure to work with. I am very grateful that a friend recommended her to our family to help us with my parents' will and trust as well as healthcare directives. She is very knowledgeable, and spent the time to understand our family's needs. She made us feel like the most important people in the world when we were in our meetings with her, and she was very quick to respond to any questions we had throughout the process.”
-Kate B.
Full Service Estate Plans
To learn more about how we work with our clients to provide thorough, high quality estate planning documents easily and efficiently, read on…
Below are answers to some of our most frequently asked questions about our full service estate plans. We are happy to discuss questions and solutions specific to your needs and goals during an initial consultation. Please schedule online here.
If you have an urgent need and wish to move forward quickly, we offer Expedited Estate Plans. If you prefer to work independently, we offer DIY Estate Plans. For more information about our other wills, trusts, and probate services, click here.
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Yes, in fact we prefer it. We find that Zoom works really well for our client meetings, along with scheduled phone calls and email.
If an in-person meeting would work better for you, please email us to make arrangements. Availability is limited.
When you’re ready to sign your documents, we will introduce you to an excellent mobile notary who will guide you through each date and signature at your home or office.
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We start with an initial 25 minute zoom meeting to learn about your needs and goals, answer your questions, and ensure that we are a good fit. We often discuss key information straight off so that you and we know what to expect moving forward and we make good use of our time.
Within 24 hours we’ll email you our service agreement, payment link. As soon as you complete those, we’ll email you our questionnaire to help organize your wishes and other important information. We’ve streamlined what we ask and how we ask it to ensure we cover the important items without wasting your time. We encourage a quick zoom or call to discuss questions and options and offer solutions.
We then draft thorough estate planning documents, customized based on our conversations and your questionnaire responses to meet your goals and needs.
We’ll review those draft documents with you via a zoom meeting which lasts up to an hour, to point out key provisions, answer questions, and make any tweaks that come up as we discuss the details. You are welcome to review the documents in more detail before or after our meeting, though we cover the key provisions together to limit the amount of time you need to spend on your own.
Finally, we will deliver a finalized hard copy of your documents to you and introduce you to an excellent mobile notary, who will meet with you at your home or office to get everything signed and notarized.
The last 10% is critical, and frankly this is an area that really puts us ahead of the pack. We review your signed originals, handle the transfer of any real property to your trust, and provide you with a soft copy, your original hard copy, and details to make your final steps easy. We provide information to help with pet arrangements, digital assets, how to transfer accounts to your trust, and safely storing your completed estate plan.
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We aim to complete the entire process within 1-2 months. Sometimes it can take longer, but we find it's much easier for both of us on this time frame.
Keeping the momentum going means less time spent both by our team and our clients, a more efficient process, and better results.
Our goal is to always be clear about your next steps, and whose court the ball is in. If additional information or discussion would help you keep the momentum going at any point, please let us know.
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Our Full Service Estate Plans for unmarried individuals start at $4,000.
Our Full Service Estate Plans for married couples start at $5,000. For many of our clients, this fee covers everything needed. Multiple real properties, businesses, international complications, pet trusts, and other more complex planning needs as well as any desire for more discussion require additional work and therefore additional costs, which we’re happy to quote upon learning more about your needs.
Additional tax planning may be desirable for estates valued higher than the estate tax exemption ($13.99 million in 2025 and $15 million in 2026 - per person). For these tax planning needs and goals we may either co-counsel with another attorney or refer you to someone with expertise in the needed area.
Expedited Estate Plans
We offer an expedited option for an additional fee to create a thorough, fully customized estate plan on a tight schedule. Generally this means less than a month from the time you contact me. Timing depends on the situation, but if you’re ready to move quickly, be responsive, and make decisions fast, we can get things done in roughly 2 weeks.
Want your will and trust done before that upcoming flight? Need things buttoned up before an urgent medical procedure? Or maybe you just want this off your to-do list and know you work best on a deadline. We can help.
Schedule an appointment or contact us if you’re on a tight schedule and be sure to mention your deadline so we can get you started. The sooner we hear from you, the more likely we can secure your spot on our calendar.
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Essentially the same process detailed here for full-service estate plans, but on a condensed timeline.
We’ll learn about your needs and goals, guide you through key options and decisions, and translate those into legal documents and peace of mind.
The exact documents included will depend on your needs and goals, but generally we’re talking about a will, trust, power of attorney, health care directive, and supporting documents, as well as transfer documents to take care of real property and business interests. We’re happy to discuss your particulars on a scheduled call.
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We do charge an additional fee for this premium, priority service. Our fees for expedited estate planning start at $5,000 for single individuals and $6,000 for married couples. Additional fees apply if you own more than one California real property, out of state real property, and/or businesses, or have other complications that require additional time and expense.
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When we’re done, you’ll have a complete, signed estate plan. You will still need to complete a few steps to transfer your assets to your trust. We handle the transfer of real property and complete some documentation to transfer businesses. You’ll need to work with your financial institutions to transfer accounts and other assets, but we’ll provide you with clear guidance and documentation to make it easy.
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We’ll have a few Zoom meetings or phone calls, scheduled in advance. Usually 1-2 meetings 25 minutes long, and 1 meeting up to an hour. We’ll also have a few email exchanges. And when your documents are ready you’ll sign them with a mobile notary. While we do need your involvement to create documents that carry out your specific wishes, and prompt responses help us keep moving, we don’t need you to be available every minute of the day. Our goal is to take as much of this off your plate as we can.
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We’ll arrange a time for you to sign your documents with an experienced mobile notary. If you’re in the Bay Area, we work with an excellent team of independent mobile notaries who are very familiar with these documents and do a great job guiding you through each signature and date.
DIY Estate Plans
Save money without sacrificing quality. Create an affordable estate plan with thorough DIY estate planning documents prepared by an attorney who’s been guiding clients through the preparation of wills and trusts since 2011.
Step-by-step instructions and clear, fun examples allow you to complete custom legal documents on your own schedule.
Download a complete set of legal documents crafted to fit the specific needs of California residents - whether you’re a parent, a paw-rent, or child-free; married, partnered, or single.
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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.
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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.
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Yes! However, you will need to do an additional step.
If you own real property, either by yourself or with another person, you need a trust, and you need to transfer the real property to your trust using a deed. The laws covering deeds are extremely particular, and the consequences of errors on deeds are very expensive, affecting everything from ownership of the property to annual tax costs. Deeds should always be prepared by an attorney.
If you need a deed transferring your property to your trust, please contact us at info@marisanelson.com to prepare the necessary paperwork. You will need to provide the address of the property. We may contract with a deed service to complete the deeds on your behalf for non-California deeds. A fee of $500 per deed will apply.
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Yes! However, you will need to do an additional step.
If you have or create a trust and own a sole proprietorship, or an interest in an LLC, partnership, or corporation, please contact us at info@marisanelson.com to prepare the necessary paperwork transferring your business to your trust. You will need to provide documentation showing the name and formation of your business, and any bylaws or operating agreements governing your business. A fee of $500 per business will apply.
If you own an interest in a corporation, you will also need to contact your business attorney to transfer stock or other documentation showing your ownership, and have your business attorney reissue your stock in the name of your trust after your trust is completed. If you need a referral to a business attorney, please contact us.
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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!
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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 are not necessary or economical. A reasonable summary of information on pet trusts can be found here: ASPCA Pet Trust Primer. Simpler and more common options 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.
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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 30 minute call for $195 within 6 months of purchase.
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 $3,950, the cost to upgrade will be $2,450. 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.
Contact us at info@marisanelson.com within 14 days of purchase. If we can’t find a better solution, we’ll issue a full refund.
DIY Estate Plan for Parents
If you want a professional-quality will or trust at a lower cost - good value, not cut-rate documents that create more problems than they solve - you’re in the right place. These plans will help you organize your estate, take care of the people, pets, and charities who matter most, and make it easy for everyone involved.
All of our plans are gender neutral and designed to be inclusive of non-binary individuals and same-sex couples.
View our DIY Estate Plans for parents.
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Revocable Living Trust tailored to a single (unmarried) person with one or more children who will inherit your assets, OR a Joint Revocable Living Trust tailored to married couples with one or more children who will inherit your assets.
Living Trust Info Page, all the key info about your trust in one place.
Certification of Trust, providing key information about your trust to your financial institutions.
Funding Instructions, to help you transfer your assets into your trust.
Summary of Trust, to make it easier to understand your trust.
Assignment of Personal Property, to make sure your trust covers personal property.
Personal Property Memorandum, to make it easy to adjust sentimental gifts.
Pour Over Will, to help make sure nothing gets missed.
Durable Power of Attorney for finances, so that your bills and other financial tasks can be taken care of if you become incapacitated.
Advance Health Care Directive, to ensure your medical decisions are handled the way you choose.
HIPAA Release, so that you can choose who is kept informed in a medical emergency.
Digital Estate Organizer, to help ensure digital photos aren’t lost, and your people can access important accounts and other information.
Nomination of Guardian of minor children.
Pet Care Information sheet to provide for your pets.
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Parents with biological or adopted children who:
…want to leave all of their assets equally to their kids (Single Parents) OR want to leave their assets to their spouse (Married Parents), and then equally to their kids.
…have assets with a gross fair market value between $100,000 and $11 million (Single Parents) OR $20 million (Married Parents). These assets may include real property, bank accounts, stock/brokerage/investment accounts, personal items, and vehicles.
…don’t have any of the limitations described below.
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Please visit my Digital Offerings for current pricing of DIY Estate Plans. Pricing is, of course, subject to change.
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— People who don’t have kids. However, if you don’t have kids now but may in the future and want to leave your assets equally to your hypothetical children and then to someone else if you do not have living children at the time of your death, these forms may work well for you if the other limitations are met.
— People who want to leave any portion of their assets to people or organizations other than their spouse (Married Parents) or biological or adopted children, such as significant others, friends, charities, or other family members.
— People who want to disinherit a family member.
— People who already have a trust and want to update it.
— People with taxable estates, or who may have taxable estates or other tax planning needs. In 2021 a taxable estate is greater than $11.7 million per person, with many caveats; this number changes from year to year and may be changed drastically by Congress at any time. Changes are expected in the next few years. If you have assets valued at anywhere close to this number, or which may be valued close to this in the future, or if you aren’t sure what counts towards this total, you should consult with an attorney and obtain advice specific to your situation.
— People who want to make gifts to children or others with special needs or who receive needs-based public benefits (recipients who receive such benefits may be disqualified from these benefits – including medical benefits – if they inherit assets through this trust).
— People who want to make gifts to children with problems such as drug or alcohol abuse, or to children who for any reason shouldn’t have complete control over their inheritance once they reach age 30. There are lots of planning options available to benefit individuals who should not manage their own inheritance. These forms do not include these planning options.
— People who don’t want their children to have full access to their inheritance at age 30. These forms provide that when you have passed away and your children have reached the age of 30, your children will have full access to their inheritance. If you are living, the assets remain yours and the assets do not pass to your children until your death. If your children have not yet reached the age of 30 at the time of your death, your trustee will manage the assets for them and determine what expenses should be paid for your children (within the categories of health care, education, maintenance, and support, i.e. living expenses) up until they reach the age of 30. After age 30 (if you are deceased) your children will have full access to their inheritance under the terms of this trust.
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If you have any children under the age of 18, make sure you complete a guardian nomination as part of your estate plan. This form nominates someone in case you are ever unable to care for any children who are under the age of 18. This form is included in downloadable estate plans for parents.
If you don’t have children under the age of 18, but may in the future, you may complete the guardian nomination form now, and update it later. Or you may choose to wait until you have children to complete the form if you prefer.
If you do not have any children under the age of 18, and don’t plan to in the future, you do not need to complete this form.