Frequently Asked Questions

What is estate planning?

Estate planning arranges for the management and distribution of your assets during your lifetime and after death.

  • Creates legal documents to carry out your wishes
  • Includes healthcare directives and financial powers of attorney
  • Helps minimize court involvement and delay
  • Addresses both simple and complex financial situations

Do I need a will if I have a trust?

Yes, you need a “pour-over will” even with a trust to ensure complete and efficient operation of your trust over your assets.

  • Works together with your trust, not as a replacement
  • Allows for transfers of any forgotten assets into your trust after death
  • Names guardians for minor children

What is the difference between a revocable and irrevocable trust?

Revocable trusts can be changed during your lifetime, while irrevocable trusts, once created, are much more difficult to revise.

  • Revocable trusts offer flexibility and control during your lifetime
  • Irrevocable trusts provide tax advantages and asset protection
  • Both avoid probate court proceedings
  • Each serves different estate planning goals
  • Choice depends on your specific financial situation

When should I update my estate plan?

Review and update your estate plan every two years and after major life events like marriage, divorce, births, deaths, moving to a different state, or significant asset changes.

  • Review every 2 years even without major changes
  • Marriage or divorce requires immediate updates
  • Birth or adoption of children requires guardian designations and provisions for minor children
  • Death of beneficiaries or named agents requires new appointments

What happens if I die without an estate plan in Oregon?

Oregon’s intestacy laws determine asset distribution, which may not match your wishes and can create unnecessary complications.

  • State law decides who inherits your property
  • In situations requiring probate, a court appoints someone to manage your estate
  • The process can take longer and cost more
  • Family disputes become more likely without clear instructions

Can I do estate planning if I own property in multiple states?

Yes, but multi-state property ownership requires careful coordination to avoid probate in multiple jurisdictions.

  • Oregon estate planning documents can handle most assets
  • Without planning, out-of-state real estate may require an ancillary probate
  • Trusts holding out-of-state real property can eliminate multi-state probate issues
  • Professional guidance prevents costly complications