Frequently Asked Questions

Do I need a Will or a Trust?

The answer depends on your unique circumstances, goals, and assets. A Will may be sufficient for many individuals, while a Trust may provide additional benefits depending on your situation.

A Trust may be appropriate if you:

  • Have minor children or beneficiaries with special needs; 
  • Own a business; 
  • Own property in multiple states; 
  • Want to avoid probate for certain assets; 
  • Want greater privacy or control over how assets are distributed. 

 During an estate planning consultation, we will review your goals and help you determine which planning tools are right for you.

What do I get with ELP’s “Will Package?

Our Will Package includes the essential documents many individuals and families need to protect themselves and their loved ones:

  • Last Will and Testament
  • Financial Power of Attorney
  • Medical Directive
  • Funeral Directive
  • Transfer on Death Deed (available in VA & MD) 
  • Attorney consultations throughout the planning process
What do I get with ELP’s “Trust Package?”

Our Trust Package provides a comprehensive estate plan designed for clients who need the additional planning benefits of a Trust:

  • Revocable Living Trust 
  • Last Will and Testament
  • Financial Power of Attorney
  • Medical Directive
  • Funeral Directive
  • Transfer of Deed to Trust (if you own property) 
  • Attorney consultations throughout the planning process
What do I need to get started on an estate plan?

Before beginning your estate plan, it is helpful to consider several important questions:

  • Where do your assets live? Meaning, which financial institutions? Make a list. 
  • Who would you trust to manage your affairs if you became unable to do so? 
  • Who would you want to make medical or financial decisions on your behalf? 
  • If you have children, who would you want to care for them? 
  • What assets and liabilities do you have? 
  • How would you want your assets distributed? 

We provide clients with an Estate Planning Questionnaire to help organize this information and make the process simple and efficient.

How often should I update my estate plan?

You should review your estate plan periodically to make sure it still reflects your wishes, your family circumstances, and your financial situation. While there is no one-size-fits-all timeline, many people benefit from reviewing their estate plan every few years or after a significant life event.

You should consider updating your estate planning documents if you experience major changes, such as:

  • Marriage or divorce;
  • The birth or adoption of a child;
  • The death or incapacity of a beneficiary, executor, trustee, or agent;
  • Significant changes in your assets, such as purchasing a home, starting a business, or receiving an inheritance;
  • Moving to another state;
  • Changes in your wishes regarding beneficiaries, your executor, successor trustee, or individuals appointed to make medical or financial decisions on your behalf.

Keeping your estate plan current ensures that your documents continue to accomplish your goals and provide the protection you intended for yourself and your loved ones.

Do I need to update my estate plan if I move to another state?

Moving to a new state does not necessarily mean that your Will or Trust is no longer valid. However, it is important to review your estate plan after a move to make sure your documents continue to accomplish your goals and comply with the laws of your new state.

Documents such as Advance Medical Directives and Financial Powers of Attorney are often more state-specific and should be reviewed to ensure they will be accepted by healthcare providers, financial institutions, and other third parties.

A move is also a good opportunity to review your beneficiaries, ownership of assets, and overall estate planning strategy to ensure everything remains up to date.

My assets are modest, do I still need estate planning?

Yes. Estate planning is not just for wealthy individuals—it is for anyone who wants to protect themselves and their loved ones.

A properly prepared estate plan allows you to:

  • Choose who makes medical and financial decisions for you if you become incapacitated; 
  • Name guardians for minor children; 
  • Decide who receives your assets; 
  • Reduce uncertainty, stress and conflicts for your family. 

Without an estate plan, state law—not you—determines how certain decisions are handled.

What happens if someone dies without a Will?

When someone dies without a Will, they are considered to have died “intestate.” Their assets are distributed according to state law through a court-supervised probate process.

The court appoints a personal representative (also called an administrator) to handle the estate, including identifying assets, paying valid debts and expenses, and distributing remaining assets to heirs.

What do I do after a death of a family member?

After the loss of a loved one, it is important to take several steps:

  • Locate the Will, Trust, and other important estate documents. 
  • Identify the person named as executor or successor trustee. 
  • Secure important assets and records, such as bank statements. 
  • Notify relevant institutions and advisors. 
  • Determine whether probate or trust administration is required. 
  • If probate is required, contact the county where the decedent died to schedule a qualification appointment as it could take time. 

If there is a Trust, the successor trustee will typically begin the trust administration process. If there is a Will, the executor must generally submit the Will to the appropriate probate court.

We understand this process can feel overwhelming and are available to guide families through each step.

I want to start an LLC. What do I need to do?

Forming an LLC involves more than filing paperwork with the secretary of state. A properly structured business can help protect your personal assets, establish clear ownership rights, and prevent future disputes.

Important steps may include:

  • Selecting the appropriate business structure; 
  • Filing formation documents; 
  • Preparing an Operating Agreement; 
  • Obtaining necessary licenses and registrations; 
  • Establishing proper business practices and financial separation. 

An Operating Agreement is especially important because it outlines how the business will be managed, how decisions will be made, how profits will be distributed, and what happens if an owner leaves the company.