This Questionnaire is for a Married Couple with Children who wish to leave their assets first to the surviving spouse, and then equally to their children, at an age you can choose.
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SELECT A QUESTIONNAIRE
USA Estate Plan provides forms for individuals who want to prepare their own Living Trust and Will. Please select the appropriate Questionnaire to get started.
WHAT IS AN ESTATE PLAN?
- WHAT IS ESTATE PLANNING?
Estate planning is the process of organizing and managing your assets during your lifetime and ensuring they are distributed according to your wishes after you pass away. It involves creating legal documents, such as a will or trust, to help protect your family, minimize taxes, and avoid complications for your loved ones. Estate planning also includes healthcare decisions, guardianship of minor children, and appointing someone to manage your affairs if you're unable to do so.
- WHAT CHOICES DO I HAVE?
There are three options. You can:
- (1) No Will: Dying "intestate" means your estate goes through probate without your input. The court decides who inherits your property.
- (2) Just a Will: A will still requires probate. While it names your beneficiaries, the process can be slow and expensive.
- (3) Living Trust & Will: This combination helps you avoid probate altogether, saving time and money. Your assets go directly to beneficiaries as intended.
For most people, a Living Trust and Will is the best option.
- WHAT IS AN ASSET?
An asset is anything of value that you own—such as your home, vehicle, savings, investments, or even digital property. These are the elements that make up your estate plan.
- Boats
- Jewelry
- Businesses
- Anything you own!
- WHY DO YOU NEED A WILL WITH A LIVING TRUST?
Your Living Trust holds your assets outside of probate. However, a Will is still essential for catching anything you forgot to transfer into the trust during your life.
With a Living Trust, you can:
- A Will serves as a backup to ensure remaining assets not in the Trust get transferred to it.
- This is why it’s called a “Pour-Over Will”—it pours all remaining probate assets into your Living Trust.
- WHAT IS A POUR-OVER WILL?
A Pour-Over Will works with your Living Trust. If any assets aren’t transferred to the Trust during your lifetime, the Will ensures those assets get added after your death. It acts as a safety net, transferring ("pouring over") everything into your Trust to be managed according to your wishes.
These forms are meant to assist the millions of Americans who want cost efficient estate planning for a simple estate.
USA Estate Plan can be used in all 50 states. We provide PDF documents of a Living Trust and Will for only $59 for single people and $79 for married couples.
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ONCE THE FORMS ARE COMPLETED,
HERE ARE THE FINAL STEPS YOU NEED TO DO!
Sign Your Living Trust & Will
The Living Trust and Will needs to be signed in the presence of a notary public on the date written on your Trust.
Sign Your Living Trust
For example, The John Doe Living Trust dated January 15, 20xx should be signed in the presence of a notary public on January 15, 20xx. The Notary should attach the proper Notary form for your state to the Trust.
Transfer Assets Into Your Trust
Look at your Living Trust as a “bucket” which you need to fill up with your assets. You do not want an "empty bucket".
Transfer Your Assets
After you have set up your Living Trust, transfer your assets into your Living Trust by changing the name on each document of title. This takes time, so make a list of all of your assets and one by one transfer their title into your Living Trust.
Operation of Your Trust
Congratulations! You have created and funded your Living Trust. Just continue to manage your assets as you always have.
Operation of Your Trust
As Trustee, you have complete control over all the assets in your Living Trust. Remember, your Living Trust is an Estate Planning document, and as such, it directs your assets upon your passing. During your lifetime, you still have full ownership and control of all your assets.