Which Estate Documents Are You Missing?

The standard core set is: a will, a durable power of attorney for finances, a healthcare power of attorney, an advance directive (living will), and current beneficiary designations on retirement accounts and life insurance. Households with minor children also need guardianship designations. Higher-complexity situations add a revocable living trust, special-needs trust, or business-succession documents.

Yes, in almost all cases. Retirement accounts (401k, IRA), life insurance, and accounts with transfer-on-death or payable-on-death designations pass directly to the named beneficiary regardless of what your will says. Out-of-date beneficiary designations (an ex-spouse, a deceased family member) are one of the most common and most painful estate-planning mistakes. Review annually.

For simple situations (single, no children, modest assets), online platforms (LegalZoom, Trust and Will, NoLo) can produce a valid will or directive for a fraction of attorney cost. As soon as family complexity (blended families, minor children, special-needs beneficiaries), significant assets, or multi-state property are involved, an estate attorney typically pays back through avoiding instrument errors and probate complications. This is general information, not legal advice.

A healthcare power of attorney names a specific person to make medical decisions on your behalf if you cannot. An advance directive (also called a living will) records your specific wishes about end-of-life care, life support, and similar decisions. The two complement each other; most estate plans include both, and most states recognize them as separate documents.

Completely honest. The checklist evaluates ten document categories: will, revocable trust, durable power of attorney, healthcare power of attorney, advance directive, beneficiary designations on retirement accounts, beneficiary designations on life insurance, transfer-on-death account designations, guardianship designation for minor children, and recency of the last review. AARP surveys show the most common gap people do not acknowledge is out-of-date beneficiary designations, which override wills entirely and are also the single most frequent source of unintended inheritance outcomes. Accurate answers ensure the gap surfaced is the one that matters most for your household.

Yes, even adults with modest assets benefit from a will.

General-practice attorneys handle a range of matters and are common in smaller towns.

Common inflection points are: first hire (employment law exposure), first significant commercial contract, first IP filing or trademark dispute, expansion into a regulated activity, or any litigation threat.

Mediation uses a neutral mediator to help both spouses negotiate the agreement, with attorneys reviewing the final document.

Small claims court is designed for lower-dollar disputes (commonly $5,000-$10,000 depending on state), with simpler procedures and often without attorneys.