Common Estate Plan Elements

2026 · COMMON ESTATE PLAN ELEMENTS
LAST WILLAND TESTAMENTLIVING WILLMEDICAL POWER OFATTORNEY (POA)FINANCIAL POWER OFATTORNEY (POA)REVOCABLELIVING TRUSTThis document explains how one's property and assets are to be distributed upon one’s deathThis document grants someone else the power to make financial decisions on one's behalf immediately (durable POA) or upon incapacitation (springing POA)This document grants someone else the power to make medical decisions on one's behalf immediately (durable POA) or upon incapacitation (springing POA)This document explains one's preferences for life-sustaining treatment if one is terminally ill and incapacitatedThis document explains how one's property and assets are to be distributed upon one’s deathWHAT DOES THIS ESTATEPLAN DOCUMENT DO?To avoid probate, keep the estate private, and ensure one's wishes are carried out immediately without delayTo ensure important financial decisions (e.g., paying bills, selling assets, filing taxes, etc.) are not delayed or deniedTo ensure important medical decisions (e.g., life-sustaining treatment, surgery,etc.) are not delayed or deniedTo ensure one's medical preferences (e.g., dialysis, CPR, tube feeding, surgery, resuscitation, ventilation, etc.) are appropriately followedTo avoid letting one's state law determine (with no say from the family) how one's assets and belongings are to be distributedWHY MIGHT SOMEONECONSIDER USING THISESTATE PLAN DOCUMENT?COMMON ESTATE PLAN DOCUMENTSEXECUTORGRANTORTRUSTEEPOWER OF ATTORNEY(POA) AGENTGUARDIANCares for and makesdecisions on behalfof a childMakes financial and/or medical decisions on behalfof another personManages the trust forthe beneficiariesCreates the trust and decides what it should accomplishSettles the estate asdictated by the willWHAT DOES THISPERSON DO?The willThe medical and/or financial POA documentsThe trustThe trustThe willWHAT DOCUMENT ISTHIS PERSON TYPICALLYNAMED IN?Financially supportingthe child, raising the child, enrolling the child in school, managing the child's healthcare, providing foodand shelter, etc.Medical: making decisions regarding surgery, treatment, location of services, etc.Financial: paying bills, filing taxes, managing investment accounts, etc.Carrying out the trust's instructions, distributing assets, filing trust tax returns, managing trust assets, etc.Forming the trust, naming a trustee(s) and beneficiaries, specifying how the trust willbe managed, etc.Handling probate, paying off debts, distributing assets, filing final tax returns, etc.WHAT DUTIES WILLTHIS PERSON BERESPONSIBLE FOR?COMMON ESTATE PLAN PERSONNEL
© fpPathfinder.com. Licensed for the sole use of Jaime Quinones, CFP®, EA of Stockade Wealth Management. All rights reserved. Used with permission. Updated 12/15/2025.
2026 · COMMON ESTATE PLAN ELEMENTS
JOINT OWNERSHIPBENEFICIARYREVOCABLE LIVING TRUSTWILLNO WILL (INTESTACY)N/ANo WillWill, No WillTrust, Will,No WillBeneficiary, Trust,Will, No WillWHAT STRATEGIES DOESTHIS TAKE PRECEDENCEOVER?NoNoYesYesYesDOES THIS STRATEGYAVOID PROBATE?YesYesYesNoNoDOES THIS STRATEGYHAVE EXPENSES?PublicPublicPrivatePrivatePrivateIS THIS STRATEGYPUBLIC OR PRIVATE?YesYesNo1NoNoCAN THIS STRATEGYBE CONTESTED?NoNoNo2NoNoCAN ASSETS PASSOUTSIDE OF THE ESTATEWITH THIS STRATEGY?NoNoNo3NoNoDOES THIS STRATEGYREQUIRE AN ADDITIONALTAX RETURN TO BE FILED?NoYes4YesNoNoDOES THIS STRATEGYGENERALLY REQUIREHIRING AN ATTORNEY?YesYesNo5Yes5NoCAN IRAS AND ERISAPLANS BE PASSED ON?SlowSlowFastFastFastHOW QUICKLY DO ASSETSTYPICALLY PASS TO HEIRS?COMMON ESTATE PLAN STRATEGIES FOR TRANSFERRING ASSETS1 While there may be circumstances when a trust could be contested (e.g., fraud, etc.), they are rare in comparison to how a will might be contested.2 Assets will only pass outside of the estate (i.e., not subject to estate taxes) if they are held within an irrevocable trust.3 A revocable living trust becomes irrevocable upon the grantor's death. At that point, the trust may require a tax return to be filed (depending on the amount and timing of income in the trust).4 While some states may consider a self-made will to be legally valid, hiring an attorney is generally recommended to help you draft a proper will.5 IRAs and ERISA plans cannot be put in a trust. However, a trust can be listed as the beneficiary of IRAs and ERISA plans.
© fpPathfinder.com. Licensed for the sole use of Jaime Quinones, CFP®, EA of Stockade Wealth Management. All rights reserved. Used with permission. Updated 12/15/2025.
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Jaime Quinones, CFP®, EA, CERTIFIED FINANCIAL PLANNER™
25 N. Main Street, 2nd Fl Marlboro, NJ 07746