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Planting

Wills and living trusts

The first season of a plan: deciding who gets what, who's in charge, and who speaks for you if you can't.

Most families I meet need less than they fear. A will, a durable power of attorney and a health care directive cover a lot of valley households.

A living trust earns its place when you own land or a share of a family orchard, a house in another state, or when you'd like your family to skip probate. We decide which at the first meeting, and I tell you the fee before anything is drafted.

What a plan usually holds

  • A will, or a living trust with a pour-over will

  • A durable power of attorney for money

  • A health care directive and a health care agent

  • A letter to your family on where everything is

Three pale envelopes closed with bronze wax seals stamped with a tree

When a trust is worth it

A trust costs more up front. These are the times it usually pays for itself.

  • You own land, or part of a farm

    A trust can keep acreage, water rights and a family share together, and out of court, when you die.

  • Property in more than one state

    Without one, your family may face a second probate where the cabin is.

  • A child who'd struggle with a lump sum

    The trustee pays out over time, on the terms you set.

  • You'd like the family to skip probate

    What's in the trust passes privately, usually faster and with fewer filings.

Questions about wills and trusts

Is my old will still good?

Probably, if it was signed properly. But a will from before a divorce, a move, a death or a new grandchild often says things you no longer mean. Bring it to the first meeting and I'll read it with you.

Do my spouse and I each need our own?

Yes. Each person signs their own will and their own powers of attorney, even when they mirror each other. A married couple with a trust usually shares one.

What happens if I die without a will?

The state's law decides who inherits and the court picks who's in charge. It often isn't what the family would have chosen, and it takes longer.

Plant the first row

An hour at the office nearest you, or at home. You'll leave knowing what you need and what it costs.