Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
FAQ — common questions
The estate-planning questions families actually ask.
Plain-English answers. By a 15-year licensed realtor. Not a lawyer. That's the point.
Do I need a lawyer to write a will?
No. Wills handwritten by the testator (holographic wills) are valid in about half the states, and many people use online tools (Trust & Will, FreeWill, Nolo) for simple wills under $200. You probably DO need a lawyer if: your estate is over $1M, you have a blended family, you own a business, you have a child with special needs, you have property in multiple states, or you anticipate disputes. See our chapter 'When You Actually Need an Attorney' in the book for the full decision framework.
What does probate actually cost?
Wildly state-dependent. California uses statutory fees (about 4% on the first $1M, lower thereafter) — a $1M estate runs about $46,000 in fees. Texas independent administration on the same estate typically runs $3,000-$8,000. Most uncontested estates close in 6-18 months; contested ones can take 3-5 years. See your state guide at /by-state/[your-state] for specifics.
Do I need a trust?
Maybe. The honest answer: a revocable living trust is most worth its cost ($1,500-$4,000) if you live in a high-probate-fee state (California especially), own real estate in multiple states, or want privacy because probate records are public. For families in low-cost-probate states like Texas with simple estates, beneficiary designations + a TOD deed + a will often achieve the same outcome at a fraction of the cost. The trust isn't magic — what matters is how the assets are titled.
What happens if my parent dies without a will?
The state writes a will for them, called intestate succession. Each state's rules are different — generally the surviving spouse and children share, with no provisions for friends, charity, step-children, or unmarried partners. The process is called intestate probate and takes longer and costs more than probate with a will. See our scenario guide at /scenarios/no-will for the step-by-step playbook.
What's the federal estate tax exemption right now?
$15 million per individual, $30 million per married couple, effective January 1, 2026. The 2025 One Big Beautiful Bill Act made the high exemption permanent and indexed for inflation. For most families this means federal estate tax isn't your concern. State estate tax is much more often the issue — Oregon kicks in at $1M, Massachusetts at $2M with a cliff structure, Washington at $2.193M with a top rate of 20%.
What is step-up in basis and why does it matter so much?
When you inherit appreciated property (real estate, stocks), the cost basis 'resets' to fair market value at the date of death. Practical example: your parent bought a home for $200K in 1985, it's worth $700K when they die, you sell it for $720K. Your capital gain is $20K, not $520K — saving roughly $75,000-$100,000 in federal tax. Document the date-of-death FMV with a real appraisal. This is the single most valuable executor task most families miss.
How does the SECURE Act 10-year rule work?
Most non-spouse beneficiaries of inherited IRAs must fully empty the account within 10 years of the original owner's death. If the deceased was already taking required minimum distributions (RMDs), the beneficiary must take annual RMDs in years 1-9 AND empty by year 10 (IRS final regs, July 2024). Spouses have separate options and can roll the inherited IRA into their own. See /blog/inherited-ira-rules-after-secure-act for the full breakdown.
What's the difference between a will and a trust?
A will tells the probate court how to distribute your stuff after you die. A trust holds your stuff and distributes it directly without probate. Wills are simpler and cheaper to set up; trusts cost more upfront but save probate fees and keep the distribution private. Most people who have a trust ALSO have a 'pour-over will' that captures anything not retitled into the trust. Neither tool is universally better — it depends on your state, assets, and family.
What happens to my digital accounts when I die?
Most platforms lock the account after a death certificate is provided. Plan ahead: Apple has Legacy Contact (5 min in iOS Settings), Google has Inactive Account Manager (myaccount.google.com), Facebook has Memorialization Settings. For cryptocurrency, your private keys are the only way in — lost keys = lost funds, period. See /blog/digital-assets-after-death for the 30-minute setup that protects your family.
How do I prevent my siblings from fighting after our parents die?
The five-question pre-fight sibling meeting is the highest-leverage intervention. Pick a neutral time (not a holiday, not a crisis), get everyone in one place (or one Zoom), and walk through: (1) What's one thing in the house that has specific sentimental meaning to YOU? (2) Has Mom or Dad ever promised you something specific? (3) If we sell the house, how do you imagine handling the contents? (4) Is there a non-financial contribution to the family that should be acknowledged? (5) Any expectations or fears about the future we should discuss now? See /scripts/the-pre-fight-sibling-meeting for the full script.
I just lost a parent. What do I do first?
First 72 hours: notify immediate family + funeral home, secure the deceased's home and pets, gather documents (will, life insurance, recent bills, deeds, brokerage statements). Don't make major decisions, don't sign anything, don't post on social media. See /scenarios/parent-died for the hour-by-hour playbook.
What's the One Big Beautiful Bill Act and how does it affect me?
OBBBA was signed into law on July 4, 2025. The main estate-planning impact: it made the higher federal estate tax exemption from the 2017 Tax Cuts and Jobs Act permanent, stepped it up to $15M/$30M effective 2026, and removed the scheduled 'sunset' to ~$7M that estate planners had been warning families about. Net effect: federal estate tax is no longer a planning concern for nearly all families. State estate tax is still very much a concern in about a dozen states.
Is everything on this site really free?
Editorial content, AI tools, scripts, state guides, and the 47-point checklist are free for families. Forever. We monetize through: the book ($19.99 PDF, one-time), the Family Estate Circle community ($47/mo, optional ongoing support), workshops ($500-$2,000 for groups), and the partner program for professionals ($97/mo). Families never pay to figure out estate planning. See /why-free for the full model.
Didn't find your question?
Ask Roger's AI assistant on the homepage — it's trained on the entire content library. Or email roger@planyourpassing.org.