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What are the 3 estate planning documents everyone needs?

The short answer:

Estate planning is not just for the wealthy; it’s a vital step to protect your voice and your loved ones. To build a solid foundation, everyone needs three specific documents: a will to distribute assets and name guardians, a financial power of attorney to handle money matters if you can’t, and advance medical directives to guide healthcare decisions.

Estate Planning Still Life

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Key Takeaways:

  • Estate planning is about protecting your health, wealth, and family, regardless of your net worth.
  • A will handles asset distribution and guardianship, but it does not control accounts with named beneficiaries like 401(k)s.

It's easy to feel like estate planning is a task reserved for the ultra-wealthy or something you can put off until later. But at its heart, this process isn't about legal jargon or morbid thoughts. It's about love and protection. It's about ensuring that your values are respected and the people you care about most are looked after, no matter what happens.

Is estate planning only for the wealthy?

A common misconception is that estate planning is a process reserved for the rich and famous. The truth is that while you may not be planning for a $100 million estate, what you are planning for is far more important. You are planning for a spouse or partner, a child, a business with employees, and even the community in which you live.

So, what is it really all about? An estate consists of a person's money (bank accounts, investments, retirement plans), property (car, home, and personal effects), and other assets like a business. Estate planning is simply the process of taking proactive steps to protect these items. It ensures that someone can make critical medical decisions for you should you become incapacitated or pass away. It's about ensuring the people you care about most are cared for if something happens to you.

Why is estate planning important?

It can be a challenging topic to discuss, but it's a critical step in your broader financial roadmap. You want to take care of everything and everyone you have worked so hard for. At its core, estate planning helps you answer one critical question: "If something happens to me, will the people I care about be OK?"

The peace of mind that comes with a proper estate roadmap is priceless.

The three essential estate planning documents everyone needs

1. A will

The cornerstone of any estate planning process is a will. It states how your money, property, and other assets will be distributed if and when you pass away. Without a will, your family will have no control. This leaves the courts to determine who receives your assets based on state law.

When you create a will, a couple of things happen. First, you will name someone as an executor or personal representative to manage or "settle" your estate. They will be in charge of filing the will with the courts in your home state in a process called probate.

If you have young children, this document allows you to name someone to care for them. This is called "naming a guardian." If you are married, it's typically the surviving spouse. If you don't name someone, the court can decide for you.

What a will does not cover

Knowing what a will does not cover is just as important as knowing what it does. Jointly owned accounts or assets, like a bank account or a home, pass to the surviving owner. Accounts that have a beneficiary named - such as a 401(k), IRA, or Roth IRA - or a life insurance policy will pay directly to the beneficiary. In these instances, your will does not impact where the money goes.

Keep in mind there is a lot more to creating a will, so it's important to work with an estate planning attorney to get the right advice. However, understanding these basics will get you started.

2. A power of attorney

The second key document is a durable (or financial) power of attorney (FPOA). With a power of attorney, you name an "agent" to handle your financial matters if you become incapacitated. The FPOA is limited to financial affairs. The agent will be able to handle most of your financial tasks like paying bills and debt payments, making investment decisions, and filing taxes, among other things.

There are two types of FPOAs to know. The first is effective the day you sign the document, and your agent can use it even if you are still capable of making financial decisions. The second is called a "springing power." It "springs" or goes into effect only after an event that causes disability or incapacity.

3. Advance medical directives

When it comes to your healthcare, the documents you need can vary from state to state. However, all documents are referred to as advance medical directives. In some states, the advance directives are part of one document. In others, there could be two. Regardless of the state requirements, here are two issues you need to address.

Healthcare Power of Attorney (HCPOA) or healthcare proxy
Like a financial power of attorney, an agent acts on your behalf for healthcare decisions if you cannot make them on your own. Without an HCPOA, medical facilities have the right to make decisions for you instead of listening to a family member. If you have one, your agent can present the document and be in control of your medical care.

A living will
The living will allows you to make decisions regarding end-of-life medical treatment. Suppose you are facing a terminal illness or injury and cannot express your desires to the medical staff. In that case, your living will provides instructions on whether you want life-sustaining medical care.

When should I update my estate roadmap?

Planning for your estate and the people you love is a fluid and dynamic process. As you navigate life—marriage, children, divorce, or even a death in the family—you need to revisit your roadmap. Even something like moving to a new state can create the need for new documents.

An estate strategy is an essential part of the financial planning process for everyone, but it's not just about planning for your money. It's about protecting what matters most. Done right, you'll create peace of mind knowing that your health, wealth, and the people you care about will be OK should the unexpected occur.

The Facet difference

Estate planning can feel confusing, but you don't have to navigate it alone. At Facet, we believe expert financial advice should be accessible, affordable, and devoid of conflict. We pair you with a dedicated CFP® professional who looks at your entire financial life—not just your investment portfolio.

Because we operate on a flat membership fee, our advice remains objective, regardless of how much money you have. We help you build a personalized roadmap that integrates your estate needs with your broader goals, helping you move forward with clarity and confidence.

If you would like to learn more about how a financial planner can help you, schedule a free, no-obligation call with a CFP® professional at Facet to see how a financial plan crafted by an expert can put you on a path to shaping your future with confidence.

FAQs

If you pass away without a will, your family has no control over how your assets are distributed. Instead, the courts will determine who receives your assets based on the laws of your state, and they may also decide who becomes the guardian of your minor children.

Generally, no. Accounts with specific beneficiary designations, such as a 401(k), IRA, Roth IRA, or life insurance policy, bypass the will and pay directly to the named beneficiary. It’s crucial to keep these beneficiary designations up to date.

About Facet

Facet is a national, SEC-registered investment advisor (RIA) and consumer fintech leader dedicated to making expert financial planning accessible to everyone.

Through a transparent, flat-fee membership model, Facet provides objective guidance designed to put the member’s best interest first—always. Unlike traditional firms that often take a cut of your returns or charge by the hour, Facet’s affordable fee doesn’t change even as your money grows, helping you keep more of your own money for the life you want to live.

Facet combines user-friendly technology with a dedicated team of Certified Financial Planner ™ professionals to deliver a personalized roadmap for every aspect of a member’s financial life. This comprehensive approach covers everything from the big milestones to everyday decisions—including investment management, tax strategy, equity compensation, and estate planning—evolving as your life and opportunities unfold. Facet’s mission is to empower individuals to move beyond “standard” advice, helping them make confident decisions and live more enriched lives through financial planning the way it should be: simple, guided, and all about you.

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