A will is one of many documents making up an individual estate plan. Other important aspects of an effective estate plan include beneficiary designations, healthcare and durable power of attorney, a personal letter of intent, and more. These documents outline a person’s final wishes for their money, property, and other assets following their death. With no estate plan in place, or in the event that an estate plan is not legally recognized, assets are distributed strictly in accordance with state law, with no account for the decedent’s desires.
The basic function of a will is to guide the distribution of property, but experienced estate planning attorneys can also use wills to limit taxes and other estate planning challenges. Most individuals will require the assistance of at least one legal professional to complete their estate plan.
The wording of a will or trust is very precise and a slight misstep can result in the entire document being invalidated. If this occurs after the author of the will has passed, there is nothing to be done but subject all assets to probate, a process that allows the courts to appoint an executor distribute assets.
A power of attorney is a person appointed by the author of will to act on their behalf if they cannot do so. For example, if a person falls into a comatose state following a car accident, their power of attorney can make certain decisions in their name. A power of attorney is primarily concerned with real estate and financial transactions, while a healthcare power of attorney’s job is to choose another person, usually a family member, to make healthcare decisions for a person who is incapacitated in such a way that they cannot make these decisions for themselves.
In both cases, it is advisable to select a backup option, incase the originally named power of attorney is unavailable. Otherwise, individuals will find themselves back in a situation where the courts are making important decisions that may not align with desires expressed through the estate plan.
Beneficiary designations are critical to the completion of a comprehensive estate plan. If an estate plan does not name one or more beneficiaries, plus backup beneficiaries, possessions pass to heirs per state law. This is highly important for anyone who does not live within a “traditional” family structure.
For example, states have vary definitions of common law marriages and similar unions; if a relationship does not meet these qualifications, a longtime boyfriend or girlfriend will have no say in asset distribution and will not receive any benefits, as that is not a legally recognized relationship by the courts. Similarly, decedents may prefer assets go to an in need step-child as opposed to a financially secure biological child, a distinction the courts will not take into account.
Finally, an estate plan may also need to include guardianship designations. Again, a parent might simply assume that upon their death the guardianship of one or more children will pass to a sibling or parent, but it is much safer to write these requests down and have them verified by an estate planning attorney.

