Frequently Asked Questions
Our most common questions, answered. Don't see what you're looking for? Chat with us now and our Member Support Team will happily assist.
Trust & Will Estate Plans
Our Will Plans include:
- Last Will & Testament: Specifies how your assets are distributed, who will care for your children or pets, and your final arrangements.
- HIPAA Authorization: Allows trusted individuals to access your medical information if needed.
- Advance Healthcare Directive (Living Will): Outlines your medical care preferences in case you’re unable to communicate them.
- Power of Attorney: Designates someone to make financial or legal decisions on your behalf if you become incapacitated.
Our Trust Plans include:
- Revocable Living Trust: A flexible document that outlines how your assets will be managed and distributed during your lifetime and after death.
- Schedule of Assets: Helps track the assets included in your trust.
- Last Will & Testament (Pour-Over Will): Ensures any assets outside the trust at your passing are added to it.
- HIPAA Authorization, Advance Healthcare Directive, and Power of Attorney.
- Trust Funding Guide: A step-by-step guide to transferring assets into your trust.
Certification of Trust: Summarizes key trust details for institutions that require documentation.
- A trust takes effect immediately after it’s funded and allows you to avoid probate, control asset distribution, and plan for incapacity.
- A How does a will differ from a trust? goes into effect after death, designates guardians for minor children, and outlines asset distribution and final arrangements.
No. Trust & Will charges a flat fee for each plan, regardless of the size or number of assets.
- Will-based plans: $199
- Trust-based plans: $499
Optional: add 1 year of attorney support for just $299.
Visit Trust & Will to choose the plan that’s right for you. Our process makes it easy to get started; just answer simple questions and we’ll guide you through, step-by-step.
You’ll need to update your estate plan to reflect changes in your marital status. This includes revising beneficiaries, guardians, and other key designations.
Typically, a revocable living trust does not have its own tax liability while you’re alive because it uses your personal tax ID. However, tax considerations may apply to certain distributions or asset transfers. We encourage you to talk to a tax professional to understand possible tax implications and advantages.
At Trust & Will, a Trust Plan includes every document included in the Will Plan. If you are setting up a trust through Trust & Will, you will also set up a will that automatically transfers any remaining assets to the trust upon your passing. (This is also known as a pour-over will.)
Yes. Couples can create a joint trust or separate trusts:
- Joint trusts offer simplicity and shared control.
- Separate trusts may be better for managing separate property, like inheritances or assets from previous marriages.
Whether you choose a joint or separate trust will depend on you and your partner’s circumstances, as both options provide different advantages and limitations. Learn more about your options here.
No. A will must go through probate to validate its instructions and distribute assets. Assets not titled jointly, payable-on-death, or included in a trust are subject to probate.
A Revocable Living Trust will allow you to avoid probate.
No. Assets titled in your trust avoid probate, allowing for faster and more private distribution. See our trust funding section below for more information.
- A revocable trust can be changed or revoked during your lifetime.
- An irrevocable trust cannot be easily modified or terminated once it is signed.
A pour-over will is a type of will that names your living trust as the beneficiary of any and all assets. Upon your passing, any assets not already owned by your trust are “poured over” into it. A pour-over will can provide a safety net to help ensure that any assets that you might have left out (either accidentally or on purpose) are transferred into your trust when you pass away. Unfortunately, any assets that are poured over must go through probate because they won’t have been already owned by your trust before your death.
Learn more here.
Yes. Trust & Will provides digital copies of your documents, which you can download and print at home at no cost. If you’d like physical copies, you can request a shipment of your documents. Members receive one complimentary shipment per membership billing cycle. Additional shipments can be requested for a fee.
Updating & Upgrading Your Plan
You can update your plan by logging into your Trust & Will account and using the guided process to make changes. Once updated, download the revised documents and follow the instructions to finalize them.
Plan updates are included at no additional cost. As life changes, you can make ongoing changes to your plan.
The Essentials membership, priced at $49 per year, includes several benefits:
- Advanced AI assistant: This feature helps you understand your estate plan elections and answers questions specific to your estate plan setup.
- Free shipping: You are entitled to one free shipment of your estate plan documents per subscription billing cycle.
- Digital vault: Protected by bank-level encryption, you’ll have a safe place to store your important documents
Additionally, it includes everything in the non-member tier, such as the ability to edit your plan at any time, digital document downloads, and a Plan Strength score.
To upgrade, log into your Trust & Will account, select the option to upgrade, and follow the steps to create a Trust-based plan. The system will guide you through transferring key details from your existing Will Plan.
No. Your will is updated to a pour-over will as part of the Trust Plan upgrade. This ensures any assets outside your trust are transferred to it upon your passing.
You can update your Trust any time, at no additional cost. As life changes, you can make ongoing changes to your plan.
Yes, you can update an existing trust that you created elsewhere, but you must first purchase a Trust & Will Trust Plan. Pricing and benefits can be found here.
To revoke a former will, create a new one that explicitly states the prior will is revoked. Be sure to sign, notarize, and witness your new will according to your state’s requirements. Destroying previous copies can help avoid confusion.
Yes, a will is generally valid across states if it was properly executed under the laws of the state where it was created. However, it’s a good idea to review your will to ensure it aligns with the laws of your current state.
Roles & Responsibilities
Yes, you can be both the settlor (creator) and trustee of your trust while you’re alive. However be sure to name an alternate trustee who will step into this role after you pass away.
No. Retirement accounts like 401(k)s and IRAs typically pass directly to named beneficiaries outside of both your trust and probate.
Yes. Your spouse can hold multiple roles within the trust, depending on how you set it up.
You can appoint a professional trustee or institution, like a bank or trust company, to manage your trust.
There is no centralized registry for wills in the U.S., but you can:
Ask close family members or trusted advisors if they are aware of a will.
Search personal files and safe deposit boxes for documentation.
Check with local probate courts to see if a will has been filed.
If applicable, consult with the relative’s attorney or estate planning service provider.
Yes, you can name multiple trustees to share responsibilities. However, it’s essential to define their roles clearly to avoid conflicts. Alternatively, you can appoint a successor trustee to step in if the primary trustee is unable to serve.
Yes, a beneficiary can also serve as a trustee, especially in family trusts. However, if the trustee is also a beneficiary, it’s essential to ensure the trust terms are clear to avoid conflicts of interest.
Finalizing & Notarizing Documents
After completing your documents, follow our detailed instructions for signing, notarizing, and witnessing them, as required by your state. For more information, visit our Notarization resource page.
Most estate planning documents, like wills and trusts, do not need to be registered or filed with any government agency. However, some states may allow or require wills to be filed with the probate court during your lifetime for safekeeping.
Yes, Trust & Will provides state-specific guidance and instructions on when and where to register or file your documents, if required.
- Wills: Typically, you only file a will with the probate court after the person has passed away. Some states allow lifetime registration for safekeeping, but it is optional.
- Trusts: Trusts generally do not need to be filed with the government, but certain actions, like transferring real estate, may require recording deeds with your local county.
Trust & Will provides detailed instructions based on your state’s specific legal requirements. This includes whether your documents need notarization, witnesses, or both, and guidance for ensuring proper execution.
- Wills often require witnesses but not notarization in most states.
- Trusts typically require notarization, especially if they include real property.
Trust Funding
Funding your trust involves transferring assets into it, such as retitling real estate or updating beneficiary designations. Our Trust Funding Guide provides step-by-step instructions.
No. Trust & Will provides tools and resources to guide you, but you can consult an attorney if desired.
No, there is no additional cost from Trust & Will to guide you through funding your trust. However, third-party fees may apply, such as recording fees for transferring real estate or bank fees for retitling accounts.
Read our comprehensive guide that goes over a general step-by-step guide on transferring assets to a trust, plus additional information for specific types of assets such as real estate. Click here to learn more about our third party deed transfer services.
Yes. Homes with mortgages can still be added to your trust by retitling them.
Customer & Attorney Support
Our platform is designed for self-service, but our customer support team is available to guide you every step of the way. You can also add attorney support to your plan at any time for $299.
We encourage you to visit our Help Center that provides robust answers and guides to common questions and circumstances. In addition to these guides, we have a powerful chatbot that can be accessed by clicking on the chat icon found on the bottom right-hand corner of any Help Center page. You can also contact a member of our support team by emailing support@trustandwill.com or by submitting a request here. A member of our support team will respond as soon as possible.
Attorney Support is currently available in 43 states, with access to attorneys in all 50 states. Visit our Attorney Support page for more information.
Attorney support is available via phone, ensuring you get the help you need. Once you purchase Attorney Support, you will be prompted to schedule a call with your assigned attorney.
No. You can ask unlimited questions during your 1-year attorney support plan.
Attorney Support is completely optional but can be especially valuable if you have a blended family, own a business, have a dependent with special needs, or want a professional to review your plan. For a flat fee of $299, you get a full year of 30-minute phone consultations with a licensed attorney.
Yes. Trust & Will uses 256-bit SSL bank-level encryption and is SOC 2 Type II compliant. All documents are designed by licensed estate planning attorneys and comply with your state's laws. The legally binding steps, including signing and notarizing, happen in person, not online.
