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What is the difference between a will and a trust?
A will gives instructions for distributing property after you die. It does not automatically avoid probate. A revocable living trust can hold and manage property during your life and after your death, with a successor trustee when needed. Its benefits depend on which assets are actually placed in it. They do different jobs; neither name alone tells us what your family needs.
General education; state rules vary. California Courts (California; general education) source 1 (new tab)CFPB source 2 (new tab)
What is probate, in plain language?
Probate is the legal process for dealing with property after someone dies. When court involvement is required, it can include appointing a representative, handling the estate’s debts and distributing property. Having a will does not automatically remove that process. Whether court is needed depends on the property, how it is held and the applicable state rules.
General education; state rules vary. California Courts (California; general education) source (new tab)
We signed a trust. Is everything taken care of?
Signing is one step. A living trust only gives its trustee authority over money or property placed in the trust. Ask your advisor to coordinate a review of what was transferred, what remains outside it and who can find the information. Do not change ownership or account beneficiaries based on this guide.
General education; state rules vary. CFPB source (new tab)
How are a financial power of attorney and a health care directive different?
A financial power of attorney can authorize someone to handle specified financial matters. A health care directive can record care wishes and name someone to communicate or make health care decisions when appropriate. A will is about property after death; these documents primarily address different needs while someone is alive. Authority and when it starts depend on the document and state law.
General education; state rules vary. California Courts (California; general education) source (new tab)
Do account beneficiaries matter if we have a will?
Yes. Some accounts or policies have their own beneficiary arrangements, so the will is not the only instruction to review. Ask for a coordinated review of those designations alongside your documents. Keep account details out of this guide and do not make changes until the appropriate professional has reviewed your circumstances.
General education; state rules vary. California Courts (California; general education) source (new tab)
We already have documents. Why review them?
The useful question is whether the plan can be carried out: can the right people find the documents, do they know their roles, and do ownership and beneficiary arrangements work with the plan? Bring what you can locate and your questions to your advisor. Existing documents are a starting point for review, not proof that something is wrong or that you need to buy a replacement.
General education; state rules vary. California Courts (California; general education) source 1 (new tab)CFPB source 2 (new tab)
Do we have to buy anything to start?
You can use this guide without choosing a paid service. Tell your TouchPoint advisor what you need help understanding. Any proposed scope and cost should be discussed before you decide.
We do not know what documents or assets there are.
That is a useful starting point. Make a list of what you can locate and mark the rest unknown. You do not need to enter asset values or upload documents here.
Can I help a parent or another family member?
Yes, you can prepare your own questions and request a conversation. Your TouchPoint advisor will clarify whose plan it is, who should participate, and what permission is needed. Submitting your contact details does not authorize decisions for another person.
Can my partner and I use this together?
Start with your shared priorities and note where your wishes differ. One person's request does not give consent for the other. Your TouchPoint advisor will arrange participation and the appropriate secure process.
Can you tell us which legal documents to sign?
This guide cannot select documents, determine legal capacity, or give legal or tax advice. Bring those questions to your TouchPoint advisor so she can coordinate the appropriate professional review.
How does Estate Guru fit in?
TouchPoint Group’s strategic partnership with Estate Guru connects your family’s financial priorities with estate-planning technology and attorney oversight. Estate Guru supports the assessment and legal-document process, while TouchPoint helps you connect the plan to the people, responsibilities and goals that matter to you. The value is a coordinated path from good intentions to an organized plan. We review your needs and the available services together before you decide on the next step.
What if time matters?
Choose Time-sensitive in your preparation choices and contact your TouchPoint advisor for the earliest available conversation. This page cannot assess medical or legal urgency and is not monitored for emergencies. For an immediate care or safety issue, contact the relevant care team or emergency service directly.