If a digital file of templates for a living trust, last will and testament, and other common features of an estate planning kit would be of interest to you, then you can download one for free. See below.

ESTATE PLANNING KIT

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Last Updated 2024 March 8

THE DISCLAIMERS:

• This is not legal advice.
• I am not your attorney.
• These documents are provided for general educational purposes only.
• All documents are keyed to the State of California (I’m a California and New York licensed attorney.)
• Laws change frequently and so the laws applicable at the time these documents were drafted may be outdated by the time you see these documents.
• You should not be using these documents as-is.
• You should retain legal counsel in your jurisdiction to give you detailed and specific legal advice custom-tailored to your estate planning needs.
• These documents bear significant legal implications, so if you do not fully understand what you are reading in the documents, then do not use them. Seek qualified legal counsel to assist you.
• Always consult the legal professionals in your region to ensure that your estate plan is aligned with local laws and regulations.

THEN WHY PROVIDE THESE?

Times are tough and not everyone can afford an attorney. If you weren’t going to do anything at all and were going to die intestate (i.e., die without a will, trust, or any estate planning in place), then this is better than nothing.

SO… if you were planning on doing nothing, then this last will and testament template plus funeral instructions codicil, even the power of attorney and medical directive would be a step up from nothing.

My family has had to learn firsthand that there is a big difference at probate court between someone dying without a will in place vs. someone with a valid will. Do your loved ones who survive you a huge favor by getting a last will and testament in place.

But if you were planning on hiring an attorney to do your estate planning, then IGNORE THIS POST and do not use these documents. Rely on your attorney’s counsel.

Even if you don’t (and shouldn’t!) use these documents as provided, they’re a good starting point of reference for you to consider how you want to approach your own estate plan and what you would need to gather for safekeeping within that plan.

Also, if you are a licensed attorney yourself but aren’t a wills and trusts attorney, then you may find these starter templates useful.

I dare say this though– if you’re the detail-oriented, research-loving Type A personality who can capably do your own complex tax returns and you negotiate your own contracts, with a spirit of diligence and precision toward all things DIY, then it’s not terribly hard to start with these templates and create your own estate plan. Just sayin’. =P

READ CAREFULLY

Read the documents carefully, word for word, multiple times before you attempt to use them.

• This is not a situation for skimming. Read everything word for word, and preferably undergo multiple proofreading rounds.
• Anything in red or blue font, or highlighted should be modified with the personally applicable information.
• Some of the text in red or blue font are instructions that should be deleted from the final execution copy of the document.
• These are base boilerplate templates, which means to customize it, there’s plenty you’ll need to delete, edit, re-word, and plenty you’ll need to add yourself.
• Some of the documents cite California law. Be mindful of editing the wording so it is applicable to your state of domicile.
• BEFORE USING THESE DOCUMENTS, look up and read the estate, probate, and/or inheritance laws of your state.
  • Look for “.gov” websites for information.
  • Law firm websites in your state specializing in estate law and non-profit legal organizations (with websites ending in “.org”) may also have useful resources.
• READ THE LEGAL REQUIREMENTS IN YOUR STATE for a valid will.
  • Legal requirements for a valid last will and testament can vary from state to state.
  • Generally, you have to be 18 years or older, of sound mind and capacity at the time of making the will, and not have any facts come up that could challenge that you made it voluntarily, without any undue influence or coercion from others.
  • Most states require at least two competent witnesses who are not beneficiaries of the will and must attest under penalty of perjury that per their observation, you signed the will voluntarily, of sound mind and capacity.
  • Recording a video of you at the time of signing the will and of the witnesses present watching you sign, and then signing the witness attestations themselves can be helpful as future evidence.
  • If you have executed multiple versions or updates of your will, then each subsequent updated version should, in writing, in that document, revoke all previous wills and codicils (i.e., amendments to the will).
• If you plan on creating a living trust, then READ THE LEGAL REQUIREMENTS IN YOUR JURISDICTION, especially if you plan on putting real estate under that trust.
  • Once the trust is set up, property and assets that are now owned by the trust need to have title transferred under that trust account name.
  • That means you may need to file a deed of trust transferring title or ownership of real estate property under the trust name.
  • Bank accounts, investment accounts, motor vehicle registrations, equitable ownership in business entities, and any other asset that is now a trust asset needs title transferred under the trust name.
  • It’s best to get the trust signed and dated with witnesses + get it notarized to prevent any future disputes to its validity.
• The document with the filename “00 READ ME – Preparer Notes” is not intended to be part of your final estate plan; it’s a document of notes and comments for your reference as you work through the templates.
• Estate plans should be reviewed and updated regularly, especially when there has been major life events (marriages, divorces, birth or adoption of children and/or grandchildren) or the acquisition of significant assets.

Some basic proficiency with Microsoft Word may be required. You’ll want to delete rows of clauses that are not applicable from the tables, edit the table cells in some of the exhibits, etc.

PERSONAL THOUGHTS

After experiencing a family member’s death where estate planning documents were not well sorted, you realize just how important they are. I would not overlook the importance of the advance health care directive either. If you end up in an incapacitated state, a clearly written health care directive lifts the emotional burden from your living loved ones. By leaving behind clear instructions for funeral arrangements and your ceremonial intentions, you alleviate this otherwise significant point of stress from the loved ones who survive you.

Generally speaking, a living trust transfers your assets directly to the named beneficiaries without having to go through probate court, and without having to hire a probate attorney. This is a cost savings of thousands if not tens upon thousands of dollars.

Even if you have a living trust, you would still want a “catch-all” last will and testament, oft referred to as a pour-over will, in case there are residual assets you didn’t identify under the living trust.

In certain circumstances, a living trust might not make prudent sense, in which case you should still consider a will. Going to probate court intestate (without a will) is going to be a much, much bigger hassle than going to probate court with a valid will in hand. So no matter how you dice it, you’ll want that will. There are certain requirements that need to be met for the will to be considered valid, and this may vary from jurisdiction to jurisdiction, so make sure you research what the requirements are in your locale for a valid will.

I recommend having a single location where all of these estate documents go, whether that’s printed out and gathered in a three-ring binder or something else. It will save your loved ones so much headache and stress during a time when they are in the depths of grief. My family experienced someone dying intestate and who didn’t have any organized accounting of all financial accounts they had opened, so relatives were literally going through the recycling bin and stacks of old papers searching for potential clues on which financial accounts this person had. Ultimately, no one is 100% sure that we found everything.

So for your loved ones’ sake, really think about your estate plan and gathering these documents in one repository for their ease of access. Include all of your financial accounts, assets, locations of those assets, credit cards, liabilities, everything, so they don’t have to go hunting for all that while they’re still trying to process your death (or incapacity).

Once all documents have been completed, signed, and executed, my recommendation is to keep them in a three-ring estate planning binder with divider tabs. Label the divider tabs by document name — the living trust (if you decide to have one) sits alone under one divider tab, your last will and testament sits alone under another divider tab, and so on. I would also recommend buying plastic folders that fit into the three-ring binders where you can store all manner of documents and photocopies of documents that your loved ones might need in order to administer your last wishes.

Most importantly, somewhere in your estate planning file, you will want to include a roster of all your assets and where to find them.

If you are a traditionally published author, then under one of the divider tabs, include copies of all your publishing contracts. Include copies of ownership verification for all of your IP. Believe it or not, your loved ones might not be up to date on every book you’ve ever published or know the name and contact for every publisher who should still be sending you (or your estate) royalty checks. So make sure you provide for them all the documentation they’ll need to ensure that your assets go to your designated heirs.

APOLOGIES, BUT NO Q & A

Apologies in advance, but I won’t be answering any questions in the comments. I cannot help on a case by case basis and I am not your attorney. I am not providing legal advice. These are generic documents provided for your general educational reference only, and to perhaps motivate you to start thinking about your own estate planning objectives.