Estate Planning

Here’s a List of Estate Planning Documents You’ll Need to Protect Your Assets

Law

Planning for the future can feel scary, but it doesn’t have to be. Estate planning is one of the smartest things you can do to protect your money, your home, and the people you love. With just a few documents, you can stay in control—even when life takes a turn.

According to a 2023 survey, only 34% of Americans have an estate plan in place. That means most people are unprepared for the unexpected. But with guidance from experienced attorneys from Max Alavi APC, OC Trusts Lawyer, you can avoid costly mistakes and make sure your wishes are followed.

Here’s a list of important estate planning documents you should have:

1. Last Will and Testament

A will is a document that says who should get your things when you pass away. You can name someone to handle your affairs (called an executor) and choose guardians for your children if they’re still minors. Without a will, the state decides who gets your belongings, and it may not be the people you would choose.

2. Revocable Living Trust

A trust helps you manage your assets while you’re alive and after you’re gone. Unlike a will, a trust can skip the probate process, which means your loved ones can avoid court delays and extra fees. You can also change or cancel the trust at any time while you’re still living.

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3. Durable Power of Attorney

If something happens and you can’t make decisions on your own, this document gives someone you trust the power to handle your money, pay your bills, or manage your property. The “durable” part means it stays in effect even if you become unable to make choices for yourself.

4. Health Care Power of Attorney

This lets you pick someone to make medical decisions for you if you can’t speak for yourself. It’s not the same as a living will. It’s about choosing a trusted person who knows your wishes and will speak on your behalf during emergencies.

5. Living Will (Advance Health Care Directive)

This document spells out what kind of medical care you want—or don’t want—if you’re very sick or close to the end of life. For example, you can say whether you want to be kept alive on machines. It gives doctors and families clear directions so they don’t have to guess.

6. HIPAA Authorization Form

Privacy laws stop others from seeing your medical records without permission. A Health Insurance Portability and Accountability Act (HIPAA) form allows doctors to share your health information with the people you list, like the person named in your health care power of attorney. It keeps everyone in the loop when you need it most.

7. Beneficiary Designations

Some accounts, like life insurance and retirement plans, ask you to name a beneficiary—the person who will receive the money when you pass away. These names override what’s in your will, so it’s important to keep them current. If you forget to update them, the wrong person might get your assets.

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8. Letter of Intent

This isn’t a legal document, but it’s still helpful. You can use it to leave personal messages, funeral wishes, or instructions about how to care for pets or special items. It gives your loved ones more guidance and comfort during a difficult time.

9. Guardianship Designations

If you have young children, this document lets you choose who will care for them if you’re no longer around. Without it, a court may choose someone for you. By naming a guardian, you help make sure your children grow up with someone you trust.

10. Digital Asset Inventory

Today, many of us have online accounts—like emails, banking apps, and social media. A digital asset inventory is a list of these accounts, along with usernames and passwords. It helps your family manage your digital life and avoid problems accessing important information.

Final Thoughts

Estate planning may sound complicated, but it’s really about being prepared and protecting what matters most. With the right documents in place, you can face the future with peace of mind, knowing your assets and your loved ones are taken care of.

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