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How to read your drafts

You do not have to read every page.

Your drafts are your plan, written out. A draft is a first copy for you to check. Nothing is final until you sign.

Your job now is to check four things. Then you reply to the email that brought your drafts. We show you what to type.

  1. Is every name spelled right?
  2. Is the right person in charge?
  3. Do the right people get the right things?
  4. Are your health care wishes there?
  5. Then reply. See what to type.
  6. Saw a scary word? See why it is normal.

Know thisYou can change your drafts before you sign. It costs nothing. That is true for our mistakes, and for a change of mind.

What we sent you

  • Your summaryStart here
  • Your trust, if you have oneThe long one
  • Your will
  • Your power of attorney
  • Your Advance Directive for Health Care
  • A few short papers

It looks like a lot. Most of it is standard wording.

The four checks

Start here. Find the paper called Trust Summary. It is our plain-words version of your plan. It is the easiest place to check these four things.

Have a will and no trust? Your summary is called an Estate Plan Summary. This guide works for you too. Skip anything about a trust.

Print a one-page checklistLike paper better? It opens on this screen. Press your Back button to come back here.

What each paper is for

A couple gets some of these once, and some of them one each.

  • Trust SummaryOur plain-words version of your plan. It is not a legal paper. Start here.Shared
  • Your trustThe main paper. It says who is in charge and who gets what. It is the longest by far.Shared
  • Certification of TrustA short paper that tells a bank your trust exists and who the trustees are. You show it in place of the whole trust.Shared
  • Your willIf you have a trust, it sends what is left in your own name into your trust. With no trust, it says who gets what. If you have children under 18, it names who you want to raise them.One each
  • Power of attorneyIt names who can handle your money and papers for you.One each
  • Advance Directive for Health CareIt names who makes health care choices for you when you cannot, and it holds your wishes for your care. Some people call it a health care directive.One each
  • Health information releaseIt lets the people you name get your medical information. It is also called a HIPAA form.One each
  • Funding InstructionsHow to put things into your trust. Every client gets the same wording.Some plans
  • Personal Property MemorandumA list where you can write which of your things you want each person to have. You fill it in later.Some plans
  • DeedIt puts your home into your trust. Some plans have a deed in the stack and some do not. Not sure about yours? Ask in your reply.Some plans

With a will and no trust, your set is shorter: your will, a power of attorney, a health care directive, and a health information release.

  1. Is every name spelled right?

    Check your own names, your children’s names, and every person you named. One wrong letter matters on a legal paper.

    In your summary: “Your Documents” and “Who Is in Charge.”

    In the long paper: the first page of Article One, and Article Two. See every place.

  2. Is the right person in charge, at the right time?

    Your plan gives jobs to people. For each job, check two things: it is the person you want, and the backups are in the order you want. One person can hold several jobs. That is normal.

    In your summary: “Who Is in Charge” and “If You Cannot Manage Your Affairs.”

    In the long paper: Article Three says who takes over your trust. See every place.

    Does your power of attorney start the day you sign? Then your agent can act for you from that day. Would you rather it start only if you cannot act? Tell us in your reply. It is your choice.

    What each job means
    • TrusteeRuns your trust.Starts: today. That is you. For a couple, both of you.
    • Successor trusteeTakes over your trust.Starts: when you can no longer manage things, or when you die. For a couple, the other one of you runs it first.
    • Personal representativeHandles anything left outside your trust. Some people say executor.Starts: when you die.
    • Agent, in your power of attorneyCan handle money and papers that are not in your trust.Starts: while you are alive. Your paper says when. Look for the heading “Effective Date.”
    • Health care agentMakes health care choices for you.Starts: when you cannot speak for yourself.
    • GuardianThe person you want to raise your children.Starts: only if you have children under 18.

    Who decides that you can no longer manage things? If you have a trust, it says who. Your summary has it under “If You Cannot Manage Your Affairs.”

  3. Do the right people get the right things, at the right time?

    Check three things. Who: the people. How much: is each share the size you want? When: right away, or held until a certain age.

    Did you ask for one person to get more, less, or nothing? Check that your plan says so. Equal shares are the usual start.

    In your summary: the sections that start with “When,” then “Beneficiary Trusts” and “Backup and Young Beneficiaries.” Your summary may not have every one of these. That is normal.

    In the long paper: the Article with the word “Descendants” in its title. See every place.

    What “outright” and “per stirpes” mean

    Outright means the person is handed their share. It is not held in a trust for them.

    Per stirpes means: if one of your children dies before you, that child’s share goes to that child’s own children.

    More words are in the word list, near the end of this guide.

    What to check at each stage
    • While you are aliveEverything is still yours. You can use it, sell it, or change your plan, as long as you are able.
    • Couples: when one of you diesCheck what the one still living keeps.
    • When you have diedCheck who gets it, how much each person gets, and when they get it.
    • If someone you named dies firstCheck who gets that person’s share.
    • Certain things for certain peopleYour home, a second home or cabin, a gift of money, a ring or a keepsake. Check that each one you asked for is there.
    • Someone who needs extra careDoes a person you named get government benefits, or have trouble managing money? Check how your plan holds that person’s share.

  4. Are your health care wishes there?

    Check who your health care agents are, and read the wishes that are written out.

    See “Not marked” or an empty line? That is normal. You make those choices with your initials on signing day. Our guides show you each line.

    In your summary: “Your Health Care Choices.”

    In the legal papers: Part One of your Advance Directive for Health Care. See every place.

Tell us if you see this

  • A name spelled wrong, anywhere.
  • A person in the wrong job, or backups in the wrong order.
  • A person missing, or a person who should not be there.
  • Shares that are not what you want. That includes equal shares, if you asked for something else.
  • In your trust or your will, a line in square brackets that reads like a computer message. That is our typo to fix.

These are normal. They are not mistakes.

  • Blank lines where a date goes. The date is written in on signing day.
  • Empty lines for signatures, witnesses, and the notary.
  • Empty lines for your initials.
  • Your trust does not list your house or your accounts. That is normal. Your trust says who is in charge and who gets what. Your house goes into it by a deed. Your accounts go in at the bank, after you sign.
  • No deed in your stack. Some plans have one and some do not. Not sure? Ask in your reply.
  • Empty pages called “Schedule” at the end of your trust.
  • Page numbers that start over in each part of your trust. No pages are missing.
  • Long parts about taxes, farms, oil, or a business. Every trust we write has them. They do not mean you own those things or owe that tax.
Saw a scary word? It is most likely standard

Most trusts we write have these. A trust for one person has fewer. None of them means something is wrong.

  • “Incompetent” or “incapacitated”The legal words for not able to manage. They are not about you today. “Court Determination” is a backup way to decide it.
  • A bank, a court, or relatives you did not nameLast backups, in case no one you named can serve or inherit. “Corporate Fiduciaries” and “Independent Special Trustee” let a bank or an outside person step in if that is ever needed. No one is being named now.
  • “Community Property” and Schedule CA rule for couples who have lived in certain other states. For most Georgia couples it stays blank.
  • “Grantor Trust Status”It says that while you are alive, you keep using your own Social Security number and your own tax return.
  • “Payment of Death Taxes,” “Tax Elections,” “Portability,” “GST”They tell your trustee how to handle tax forms and any tax. They do not mean tax is owed.
  • “Conduit Trust,” “See-Through Trust,” “Required Minimum Distribution”Timing rules for retirement accounts.
  • “Trust Decanting”It can let a trustee move what is in the trust into a new trust, within limits.
  • “No Bond,” “Exoneration,” “Limitations on Trustee Liability”They mean your trustee does not have to buy a bond, and they protect a trustee who acts honestly.
  • Farms, oil and gas, S corporations, digital assetsA list of things a trustee is allowed to do. It does not mean you own these things.
  • “Spendthrift Provision”It keeps most of a person’s creditors from reaching a share while it is still in the trust. It has limits, like child support.
  • “Contest Provision”A person who tries to overturn the trust in court can lose their share. Asking a court what the trust means, or to check on the trustee, does not count.
  • “Survivorship Presumption”What happens if two people die close together.

That is the check. You can stop here.

Go back to the email that brought your drafts. Press Reply. Then type.

If everything is right, type thisEverything looks right. Please send my final documents.
If something needs to change, say what. For examplePlease change my backup trustee from my son to my daughter.
If you have a question, ask it. For exampleI do not understand the part about my grandchildren. What does it do?

There is no deadline. Try to reply within 30 days, while it is fresh in your mind.

  • You do not need a page number. Tell us in your own words. “My daughter’s name is Katherine, with a K.” “I changed my mind. I want my son to get the house.”
  • A change of mind costs nothing before you sign. A question costs nothing either. We answer by email.
  • A couple can send one reply for both. Check with each other first.
  • You can show your drafts to anyone you like, such as your children or your CPA. You do not have to.
  • Found something after you said it looks right? Tell us. You can still change it before you sign.
  • Would you rather talk it through? Reply with your question first. It is the fastest way. Or pick a time for a call.
  • Our turn. When you tell us it all looks right, we make your documents final and send them to you. Then you follow Your Next Steps.

Print a one-page checklistIt opens on this screen. Press your Back button to come back here.

Want to go deeper?

You do not need to. These are for people who like to see the legal papers for themselves. Everyone does the four checks. Level 2 and Level 3 are extra.

Level 2Check the legal papers too

These are the exact places that are about you. About 20 minutes. A couple has two wills, two powers of attorney, and two health care papers. Check both.

How to find a place in your trust

Your trust is split into Articles. Each Article is split into Sections. Section 3.02 is the second section of Article Three. The front of your trust has a table of contents.

The bottom of each page shows the Article and the page. “3-2” means Article Three, page 2. Page numbers start over in each Article.

Your summary uses the same numbers. “(Trust 3.02)” means Section 3.02 of your trust.

Plans are different lengths. Your section numbers may be one or two higher or lower than ours. That is not a mistake. Go by the heading words.

Your trust
  • The coverYour trust’s name. The date line is blank until you sign.
  • Article One, first paragraph, and “Identifying Our Trust”Your names, and who the trustees are.
  • Article Two, “Family Information”Your children, if you have any, one name on each line.
  • Article Three, “Trustee Succession While Both of Us Are Alive” and “Trustee Succession After the Death…”Who takes over as trustee, in order. These are Sections 3.02 and 3.03 in most trusts. What it looks like. A made-up sample.…we name the following, in this order:
    Mary Smith
    then Robert Smith
  • Article Four, “Determination of a Trustmaker’s Incapacity”Who decides that you can no longer manage things. Section 4.02 in most trusts.
  • Article SixGifts of certain things, your home, and your personal things. Each gift has its own heading.
  • For a couple, Article Seven, “General Power of Appointment”In plain words: after one of you dies, the other may be able to change who gets what is left. Read it. If it is not what you want, tell us.
  • The Article about your “Descendants”Who gets the rest, how it is split, and when. It is Article Eight for a couple. It may be Article Seven for one person. Read this one slowly. It is the heart of your plan. What it can look like. A made-up sample. Yours may be longer.…shall divide the remaining trust property into shares as follows:
    Mary Smith, one-half
    Robert Smith, one-half
  • The Article about “Underage and Incapacitated Beneficiaries”The age a young person must reach before the share is handed to them.
Your will
  • The first sentence, and Article One, “Family Information”Your name, your county, and your family.
  • “Pour-Over to My Revocable Living Trust”If you have a trust, this names your trust. It is the line that sends what is left in your own name into your trust. Section 2.02 in most wills.
  • “Personal Representative”Who handles your will, and the backups in order. Section 3.01 in most wills.
  • “Guardian” and “Conservator”Only there if you have children under 18.
  • With a will and no trustLook for the heading “Distribution of My Property.” That is where your people and their shares are. Read it slowly. Your will says “Executor” where this guide says personal representative. Your will’s headings may not have numbers.
Your power of attorney
  • “Designation of Agent”The person who can act for you.
  • “Designation of Successor Agent(s)”The backups, in order.
  • “Special Instructions” and “Effective Date”Anything typed here was written for you. This is where it says when your agent’s power starts.
Your Advance Directive for Health Care
  • Part One, (1) and (2)Your health care agent, and the backup.
  • Part Two, (8) “Additional Statements”Any wishes typed out for you.
The short papers, and your deed
  • Health information release, paragraph 1The list of people who may get your medical information.
  • Certification of Trust, statements 1, 2, and 5Statement 1 is who made the trust. Statement 2 is who the trustees are. Statement 5 is how to write your trust’s name on an account.
  • Your deed, if you got oneCheck your names, the address of the property, and your trust’s name. Leave the long description of the land to us.
  • Funding Instructions and Personal Property MemorandumNothing to check now.

That is every place to check. Go to the words for your reply.

Level 3A map of your whole trust

This is the order a trust for a couple is printed in. Each part is marked About you or Standard. Standard wording is the same for every client. Reading all of it takes an hour or more.

A trust for one person has 13 Articles, not 14. It has no part called “The Survivor’s Trust,” so every Article after Six is one number lower. It says “My” where a couple’s trust says “Our.”

  1. About youArticle One: Establishing Our TrustThe name of your trust, who made it, and your right to change it or cancel it. The first paragraph and “Identifying Our Trust” are about you. The rest is standard.
  2. About youArticle Two: Family InformationYour children.
  3. About youArticle Three: Trustee Succession ProvisionsWho takes over as trustee, and how a trustee is replaced. The names are about you. The rest is standard.
  4. About youArticle Four: Administration of Our Trust During a Trustmaker’s IncapacityWhat “cannot manage your affairs” means, who decides, and what the trustee pays for. Who decides is about you. The rest is standard.
  5. StandardArticle Five: Administration of Our Trust Upon the Death of a TrustmakerFinal bills and taxes after a death.
  6. About youArticle Six: Specific Distributions and Tangible Personal PropertyGifts of certain things, your home, and your personal things.
  7. About youArticle Seven: The Survivor’s TrustWhat the one still living can do after the first death. Read “General Power of Appointment.” The rest is standard.
  8. About youArticle Eight: Distribution to Our Descendants, or Our Descendants’ TrustsWho gets what after both of you have died. All of it is about you. It can be one paragraph or several pages.
  9. StandardArticle Nine: Remote Contingent DistributionThe last backup. If no one you named is alive, it goes to your legal heirs.
  10. About youArticle Ten: Distributions to Underage and Incapacitated BeneficiariesHow a share is held for someone too young, or not able to manage it. The age is about you.
  11. StandardArticle Eleven: Retirement Plans and Life Insurance PoliciesRules that only matter if your trust is named on a retirement account or a policy.
  12. StandardArticle Twelve: Trust AdministrationDay-to-day rules for your trustee.
  13. StandardArticle Thirteen: Our Trustee’s PowersA long list of things a trustee is allowed to do.
  14. StandardArticle Fourteen: General ProvisionsProtective rules, and a list of what the legal words mean, called “Definitions.”
  15. Blank for nowAfter Article FourteenThe pages you sign, and the notary and witness pages. Then four pages called Schedules: J for joint property, C for community property, and T-1 and T-2 for what each of you owns alone. They are blank in a draft.

Go to the words for your reply.

Saw a word that worried you? See the list of scary words that are standard.

The other papers, in order

  • Your willSeven Articles. One is your family. Two says who gets what. If you have a trust, it sends it to your trust. Three names your personal representative. Four to Seven are standard. Then the signing page, and a page called “Self-Proving Affidavit.”
  • Your power of attorneyA page of general information. Then your agent and backups. Then two lists of powers with lines for your initials. Then “Special Instructions.” Then the signing page, and pages of information for your agent.
  • Your Advance Directive for Health CareFour parts. One is your agent. Two is your treatment wishes. Three is who you would want if a court ever had to name a guardian for you. Four is where you sign, with two witnesses.
  • Health information releaseNine short numbered paragraphs. Only the first one, the list of names, is about you.
  • Certification of TrustNine short numbered statements, then your signatures.

That is the whole set. Go to the words for your reply.

Words you will see

Tap a word to see what it means.

Draft

A first copy for you to check. It is not signed, and it is not in effect.

Trustmaker

The person who makes the trust. That is you. Some papers say grantor or settlor.

Trustee, and successor trustee

The trustee is the person in charge of the trust. Today, that is you. A successor trustee is the person who takes over after you.

Beneficiary

A person who gets something from the trust.

Revocable

You can change it or cancel it while you are alive and able.

Incapacity

You can no longer manage your own money and affairs. Your trust says how that is decided.

Descendants, and heirs

Descendants are your children, their children, and so on down the family. Heirs are the relatives the law says inherit when no one is named.

Per stirpes

If one of your children dies before you, that child’s share goes to that child’s own children.

Share, and outright

A share is one person’s part. Outright means the person is handed their share. It is not held in a trust for them.

Principal and income

Principal is the money and things in the trust. Income is what they earn, like interest or rent.

Tangible personal property

Things you can touch and move. Furniture, jewelry, tools.

Pour-over

Your will “pours” what is left in your own name into your trust.

Personal representative, and executor

The person who handles your will with the court. The two words mean the same job.

Probate

The court process for a will, and for things a person owned in their own name.

Agent

The person you name to act for you in your power of attorney or your health care directive.

Guardian, and conservator

A guardian looks after a person. A conservator looks after that person’s money. A court names them when needed.

Notary, and witness

People who watch you sign. They sign too. Their lines are blank in a draft.

Article, Section, and Schedule

An Article is a chapter. A Section is a part of a chapter. A Schedule is a list page at the end of your trust.

Self-Proving Affidavit

The last page of your will. Your witnesses and a notary sign it, so the court can accept your will more easily.

Go back to the four checks.

That is everything.

Still stuck after the four checks? Reply with your question first. It is the fastest way. If you would rather talk, pick a time for a call.