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Estate Planning Basics

Understanding Wills — and Why Every Adult Needs One

A will is the foundation of every estate plan. It's the document that puts your wishes in writing — and ensures the people you love are protected if the unexpected happens.

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What Is a Will?

Your most important first step

A Last Will & Testament is a legally binding document that expresses your wishes for how your assets should be distributed after you die — and who should care for your children if you're no longer there.

Without one, state law makes those decisions for you. That means a court decides who raises your children, who gets your home, and who inherits your savings — based on a one-size-fits-all formula that may not reflect your family at all.

A will changes that. It puts your decisions on the record, in your words.

Your eLegacy Will

Your eLegacy Will Plan

Every eLegacy will is drafted by a licensed attorney and tailored to your specific situation — never a template, never a questionnaire.

Last Will & Testament

Directs the distribution of your assets and names an executor to carry out your wishes.

Guardian Designation

Names a trusted person to care for your minor children — the most important protection a parent can provide.

Financial Power of Attorney

Designates someone to manage your finances if you're ever unable to do so yourself.

Healthcare Power of Attorney

Names someone you trust to make medical decisions on your behalf during an emergency.

Advance Healthcare Directive

Documents your end-of-life care preferences so your family never has to guess.

Digital Asset Instructions

Guidance for your executor on accessing and managing digital accounts and online assets.

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Is a Will Right for You?

A will is a great place to start

You're starting outModest assets, no real estate yet — a will is a simple, affordable foundation.

You have childrenA will is the only document that lets you name a legal guardian for your minor children.

You want control over your estateWithout a will, your state's intestacy laws decide who gets what — and it may not match your wishes.

You want peace of mind, fastA will gives you the essentials in a single, focused engagement — no overcomplicating things you don't need yet.

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67%

of Americans have no estate plan — leaving their family's future up to the state

3–7%

of an estate is typically lost to probate fees and court costs when there's no plan in place

9–24 mo

is the typical probate timeline when assets are tied up in court without a plan

Sources: Caring.com 2024 Wills & Estate Planning Study · AARP · American Bar Association
Will vs. Trust

When you might want more than a will

A will is a great place to start. For some families — especially those with real estate, blended households, or privacy concerns — a trust offers protections a will alone can't.

FeatureWillRevocable Living Trust
Takes effectAt death onlyImmediately (and at death)
Requires probate✗ Yes — public court process✓ No — bypasses probate entirely
Privacy✗ Becomes public record✓ Completely private
Incapacity protection✗ Not covered✓ Successor trustee steps in
Asset transfer speed12–24 months (probate)Weeks — no court delays
Names guardian for children✓ Yes✗ Requires a pour-over will too
Upfront costLowerHigher upfront — saves more long-term

Frequently Asked Questions

Without a will — called dying "intestate" — your state's default laws determine who inherits your assets, who raises your children, and who settles your estate. The results often don't match what you would have wanted, and the process is typically slower, more expensive, and more painful for the family left behind.
No — a will must pass through the probate process, a public court proceeding that validates the will and oversees distribution of the estate. Probate typically takes 9–24 months and can cost 3–7% of the estate's value. If avoiding probate is important to you, a revocable living trust is the better option.
Yes — and a will is the only legal document that lets you do this. Without a guardian designation, a court will make that decision for your family. It's one of the most important reasons parents should have a will in place as soon as possible.
Online will services use software and templates. eLegacy uses licensed attorneys. Every plan is drafted by a real lawyer who reviews your specific situation, asks the right questions, and prepares documents tailored to you — not a questionnaire that fills in blanks. You also get ongoing support long after your documents are signed.
Starting at $995, with flat-rate pricing — no hourly billing, no surprise invoices. During your free consultation, we'll review your situation and confirm your exact quote.
Absolutely. Life changes — and your will should too. We recommend reviewing your will every 3–5 years or after any major life event such as marriage, divorce, the birth of a child, or a significant change in assets. eLegacy clients have ongoing access to our team for updates and questions.

Ready to protect your family with a will?

Start with a free, no-pressure consultation. Our attorneys will walk you through everything and recommend the right plan for where you are today.

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