Questions

Straightforward answers to the most common estate planning questions people ask.

  • What Happens if a Beneficiary Dies Before me

    What If a Beneficiary Dies Before Me? (2026) What If a Beneficiary Dies Before Me? Written by Shawn Thame, reviewed by Peter Thornbull WillsPublished June 2026·8 min read Short answer The gift to that beneficiary normally lapses (it fails). What happens next depends on your will and state law: a named backup takes it, a…

  • Can I Disinherit my Child

    Can I Disinherit My Child? (2026) How to Do It Can I Disinherit My Child? Written by Cynthia Chow, reviewed by Peter Thornbull WillsPublished June 2026·8 min read Short answer In most states, yes, you can disinherit an adult child, but only if you do it clearly and explicitly in a valid will. Simply leaving…

  • What if Executor is Not Doing Their Job

    What If the Executor Isn’t Doing Their Job? (2026) What If the Executor Isn’t Doing Their Job? Written by John Ma, reviewed by Peter Thornbull ProbatePublished June 2026·8 min read Short answer You have options. Start by requesting information and a written accounting. If the executor keeps stalling or mismanaging the estate, you can petition…

  • Can my Spouse Change Our Will Without me

    Can My Spouse Change Our Will Without Me? (2026) Can My Spouse Change Our Will Without Me? Written by Terry Shaw, reviewed by Peter Thornbull WillsPublished June 2026·8 min read Short answer Usually yes. Most couples do not have one shared will; they have two separate, matching mirror wills. Each spouse can change their own…

  • What Happens to my House if I Die Without a Will

    What Happens to My House If I Die Without a Will? What Happens to My House If I Die Without a Will? Written by Shawn Thame, reviewed by Peter Thornbull ProbatePublished June 2026·8 min read Short answer If you die without a will, your house passes under your state’s intestacy laws, usually to your spouse,…

  • Can a Trustee Remove a Beneficiary

    Can a Trustee Remove a Beneficiary? (2026) Can a Trustee Remove a Beneficiary? Written by Jason Wolkaski, reviewed by Peter Thornbull TrustsPublished June 2026·8 min read Short answer Usually no. A trustee must follow the trust’s written terms and owes a fiduciary duty to all beneficiaries. A trustee generally cannot remove a beneficiary they dislike….

  • Who Needs a Living Trust

    Who Needs a Living Trust? (2026) Who Needs a Living Trust? Written by Terry Shaw, reviewed by Peter Thornbull TrustsPublished June 2026·8 min read Short answer A living trust is most worthwhile for homeowners, people with larger or multi-state estates, and anyone who wants to avoid probate, keep their affairs private, or plan for incapacity….

  • What is a Trust Fund

    What Is a Trust Fund? (2026) How They Work What Is a Trust Fund? Written by Cynthia Chow, reviewed by Peter Thornbull TrustsPublished June 2026·8 min read Short answer A trust fund is a legal arrangement that holds assets, money, property, or investments, managed by a trustee for the benefit of a beneficiary. The person…

  • How Often Should you Update your Will

    How Often Should You Update Your Will? (2026) How Often Should You Update Your Will? Written by John Ma, reviewed by Peter Thornbull WillsPublished June 2026·8 min read Short answer Review your will every three to five years, and update it whenever a major life event happens, such as marriage, divorce, a new child, a…

  • Does a Will Avoid Probate

    Does a Will Avoid Probate? (2026) The Real Answer Does a Will Avoid Probate? Written by Jason Wolkaski, reviewed by Peter Thornbull ProbatePublished June 2026·8 min read Short answer No. A will does not avoid probate, it guides it. A will is the instruction sheet the probate court follows to confirm your wishes, settle debts,…