TL;DR A will doesn’t protect your family—it actually puts you in probate court for 12-18 months while your family grieves and pays legal fees. What works is a revocable trust (if you actually retitle assets into it), medical and financial powers of attorney (so someone can make decisions if you can’t), and guardian nominations. Here’s the part people miss: spouses have zero automatic rights to make medical or financial decisions, even after decades of marriage. You need documents. If you have minor kids, own property in multiple states, own a business, or are unmarried, a trust is essential; it bypasses court entirely and takes weeks to administer instead of years. If your situation is genuinely simple (just a house and bank accounts, adult kids, willing to do probate), a will might be enough. Either way, get a medical power of attorney. That one matters for everyone.
Estate Planning Beyond Wills: What Actually Protects Your Family
Why Estate Planning Matters Right Now
Death is inevitable. That’s not morbid-it’s just true. And if you’re over 18, here’s something people miss: in the eyes of the law, you’re an adult. Your 18-year-old kid isn’t your dependent anymore, legally speaking. That changes everything about planning.
Planning now saves money compared to doing it later (or not at all). Probate typically costs more than estate planning. Court guardianship typically costs more than estate planning. And that’s before you factor in court time stretching into years instead of weeks.
But the real reason people should plan isn’t financial. It’s practical and emotional. If your family has to search through your stuff to find account numbers and asset locations, they’ll be doing that while grieving. Meanwhile, bills pile up. The house might go into foreclosure. Your business fails because no one has authority to run it.
A solid plan says: here’s what I want, here’s who handles it, here’s where to find everything.
During-Life Documents: The Part Most People Skip
Here’s what catches people off guard: you need to plan for yourself being alive but unable to act.
A car accident. A stroke. Dementia. Surgery where you’re unconscious. Any of these could mean you can’t make decisions for yourself tomorrow. Your spouse, your kids, your best friend-legally, none of them have authority to act on your behalf without the right documents.
Medical Power of Attorney
This document lets you pick someone to make medical decisions if you can’t. It covers hospital decisions, surgery approval, life support choices-everything a doctor needs permission to do.
You name a primary agent and a backup. Make sure they’re people you actually trust to follow your wishes, not just people who are convenient. If two agents disagree, the hospital sends you to court. That’s the opposite of what you want.
Get legal names (what’s on their ID), current addresses, and phone numbers. One agent is better than co-agents because conflicts create court battles. Out-of-state agents work fine, but keep their contact info current.
This is not the same as a Do Not Resuscitate order or a POLST (Physician Orders for Life-Sustaining Treatment). Those are separate documents from your doctor. But they need to match your power of attorney. If they contradict each other, lawyers get involved.
The big misconception: spouses have automatic medical decision rights. They don’t. We saw this during COVID. Spouses couldn’t get into hospital rooms because there was no power of attorney saying they could make decisions. The hospital doesn’t care if you’ve been married 40 years. Without documentation, they tell you to get a court order.
Financial Power of Attorney
Same logic, different focus. This lets someone pay your bills, access your bank accounts, manage investments if you’re incapacitated or just need help.
Unlike medical power of attorney, this one can be effective immediately or only upon incapacity. If you want someone helping you now, make it effective now. If you want it to kick in only if a doctor says you’re incapacitated, specify that. Either way, get their legal name, address, and phone number.
Out-of-state agents are fine, but again-contact info matters.
Guardian Nomination & Temporary Guardianship
If you become incapacitated, you want the court to know who you’d want as your legal guardian. They can be the same person or different people. Have a backup for each.
Without a guardian nomination, a for-profit guardianship agency could petition the court and become your guardian. Then they control your bank account. It happens.
For minor children, temporary guardianship is different. It’s good for six months (kids change). If something happens to you while you’re still alive-you’re in a coma, hospitalized-this names who cares for your kids immediately. Both parents usually have to agree. The named guardian has to sign and get it notarized to use it.
This is the document parents use when they travel without kids. If something happens while you’re away, your designated caregiver has immediate authority to take your child to the hospital or handle emergencies without waiting for you.
Pet Directive & Minor Instructions
Pets are family. A pet directive names a guardian to care for them if something happens to you. Include their food, medical needs, vet information, and what you want if the pet dies.
For kids, you can give written instructions about schooling, religion, extracurriculars, travel preferences. It’s not legally binding on the guardian, but it communicates what matters to you.
Trusts: The Bridge Between Life and Death
A trust is the tool that does the heavy lifting most people don’t realize they need.
Think of a trust as a container that holds your assets and tells people exactly what to do with them. The creator (you) puts assets in. A trustee manages them. Beneficiaries receive distributions. And here’s the key difference from a will: a trust doesn’t go through court. It’s private. It takes weeks to administer, not years.
Key Roles
Trustee is the manager. This is the single most important decision you make in a trust because you’re giving this person full authority to follow your instructions after you’re gone. They don’t report to a judge. They report to themselves and the beneficiaries. Pick someone who will actually do what you said, not someone who thinks they know better.
Trustees can be individuals or corporate entities. A professional trustee (bank, trust company) charges fees but handles everything systematically. Individual trustees are usually free but can make mistakes.
Grantor (also called trustor or settler) is the creator. You’re always the grantor. You’re usually the trustee during your lifetime. When you die or become incapacitated, a successor trustee takes over.
Beneficiary receives the assets. During your life, you’re the beneficiary-you use the income and principal however you want. After you die, the benefits go to whoever you named.
The Revocable Family Trust
This is the most common type of trust. It’s the trust where you have complete control. You can change it anytime. You can sell assets, buy assets, rewrite sections. You treat it like you own it directly because you do.
The big value: you use it during life, and it controls what happens after death. All without court involvement.
You can include special provisions. Maybe you have a kid with an addiction issue-you can structure it so distributions go to a caregiver or are tied to sobriety. Maybe you have a differently-abled child receiving government benefits-a special needs trust keeps them eligible. Maybe you want distributions at specific ages or only if certain conditions are met (college graduation, starting a business).
The Funding Problem
Here’s where most plans fail: the trust exists, but assets aren’t actually in it.
If your bank statement, car title, or property deed doesn’t have the trust name on it, the asset isn’t in the trust. Period. Having a list that says “house is in trust” doesn’t work. The deed has to actually be titled to the trust. Bank accounts have to be retitled. Business interests have to be transferred.
This is the biggest mistake we see. People pay us for a trust, don’t fund it properly, and it does nothing.
To fund a trust, you:
Use quit claim deeds for real property
Assign personal property (rings, art, furniture don’t have titles)
Transfer business interests (shares, LLC membership) if the governing document allows
Retitle bank and investment accounts
It’s work. That’s why some people don’t do it. But if you don’t fund it, you paid for a useless document.
When a Trust Makes Sense
Minor children: We don’t want to leave a $300,000 house to an 18-year-old. You can structure distributions-half at 25, half at 30. Or half at college graduation, half at business launch. Trusts let you control timing and protect kids from their own poor decisions at young ages.
Blended families: You want to make sure both sides are protected. Kids from prior relationships don’t get cut out. Assets go where you actually want them after remarriage.
Businesses: A business won’t survive probate. It just fails. A trust is the only way to transfer it smoothly. If you own a business and don’t have a trust, you’ve essentially planned for it to be liquidated when you die.
Multi-state property: Own property in Nevada and Utah and Texas? Without a trust, your estate goes through probate in three states. One trust consolidates everything.
Unmarried partners: If you’ve been together 50 years but aren’t married, legally you have zero protection. You are entitled to nothing without proper estate planning. The hospital won’t let your partner make decisions. The kids from another relationship can block access to accounts. You can lose the house. Without documents, partnership doesn’t mean anything in the eyes of law.
Homeowners: A trust lets you sell the house immediately after death instead of waiting for probate to clear.
When a Trust Doesn’t Make Sense
Be honest with yourself. If your estate is a bank account and a car, a trust is overkill. If you have adult kids with zero issues and you’re leaving everything equally, a will might be enough.
If you’re not willing to actually retitle assets, don’t pay for a trust. A funded trust is worth it. An unfunded trust is expensive paper.
If you’re 80, assets are simple, and your kids are stable, no trust might be acceptable.
After-Death Documents
Wills
A will distributes your assets upon death. It can name guardians for minor children. But here’s what surprises people: a will puts you in probate. If someone is reading your will in court, you’re in probate.
We usually recommend a “pour-over will” alongside a trust. It’s a safety net. If you forgot to retitle something, the will says “anything left over goes into the trust.” It catches mistakes.
But the will itself doesn’t avoid probate.
Disposition Instructions
Tell people what to do with your remains. Burial or cremation. Organ donation status. Prepaid plan details. This sounds small, but families fight about this constantly. Put it in writing and arguments disappear.
Transfer on Death Deeds
This is a single-property tool. It says “when I die, this house goes to [person].” It bypasses probate for that one property.
The catch: title insurance companies often want an 18-month creditor period before they’ll insure the new owner. You can shorten it to about 3 months with a notice of creditor notice. So even with a transfer on death deed, you’re looking at months before the new owner can sell.
What Is Probate, Really?
Probate is a court process where a judge figures out what you owned, what you owed, and who gets what’s left.
It’s public. Anyone can look up your will on the court website. Your assets, your debts, who you chose-it’s all there.
It’s slow. Six months minimum. Usually 12-18 months. Can stretch to years if anyone contests anything.
It costs money. Attorney fees, court costs, executor fees. It all comes out of the estate.
It requires waiting. Your family can’t access accounts or sell property until the court says it’s okay.
The real cost isn’t the money. It’s the delay. The stress. The public exposure. Your family dealing with lawyers and judges while they’re grieving.
With a funded trust, none of that happens. Assets transfer directly. No court. No delays. No public record.
Special Situations
Unmarried Partners
This one deserves emphasis because the law is brutal if you don’t plan.
You’ve been together 50 years. You hold each other out as partners. Legally, it means nothing. The state doesn’t recognize common law marriage federally. So when one of you gets sick the other has zero authority.
Except now you can’t because the person is in a coma.
Get a medical power of attorney naming your partner. Get a financial power of attorney. Make them the beneficiary on everything you can. It’s the only protection you have.
Multi-State Ownership
Without a trust or Transfer of Death, your estate probates in every state where you have property. Three states = three separate probate processes = triple the costs and time.
One trust can hold all the property in most cases. One administration. Simple.
Business Owners
Businesses don’t survive probate. If you die without a succession plan, the business either goes into court (loses customers, loses value, often liquidated) or collapses because no one has authority to operate it.
If you own an LLC or corporation, a trust is essential. You transfer your membership interest or shares into the trust. When you die, the successor trustee takes over and either runs it or sells it cleanly.
Getting Started: What You Actually Need to Do
First, stop thinking about what everyone says you need. Stop thinking about what sounds impressive. Think about what actually protects your situation.
Here’s the real diagnostic:
Do you have minor children? You probably need a trust.
Do you have property in multiple states? You probably need a trust. Do you own a business? You need a trust.
Do you want medical decisions made by someone you choose? You definitely need a medical power of attorney.
Are you unmarried but in a committed partnership? You need power of attorneys and beneficiary designations.
Everything else-wills, dispositions instructions, pet directives-these are supporting documents. The core is: who makes decisions for you if you can’t, and who gets your stuff when you die?
We recommend reviewing your plan every couple years just to stay familiar with it. Update it when major life events happen: marriage, divorce, kids born or adopted, someone you named dies, you move to a new state, your health changes.
You don’t need to pay us yearly to maintain it. You come back when something actually changes.
At Short & Stevens Law, we work with families across Nevada, Ohio, and California. We’ve seen what works and what fails. The plans that actually work share one thing: they’re specific to the person’s situation, they’re funded properly, and the family knows what’s in them.
FAQs
Q: If I’m married, doesn’t my spouse automatically have the right to make medical or financial decisions for me?
A: No. This is one of the most dangerous misconceptions we see. Spouses have no automatic rights to make medical decisions. During COVID, we saw spouses denied entry to hospitals because there was no power of attorney on file. Even if you’ve been married 40 years, without documentation, the hospital tells you to get a court order. The same applies to financial decisions. Get a power of attorney in place.
Q: Does a will keep me out of probate court?
A: No. If a will is being read, you’re in probate. A will just tells the court how to distribute assets according to state law. It doesn’t avoid court. A trust avoids probate. A will puts you in it.
Q: I have a simple estate with just a house and bank accounts. Do I need a trust?
A: Maybe not. If your situation is genuinely simple, your kids are adults with no issues, a will might be enough. But if you own that house with your spouse and you both die, do your kids know what to do? Can they sell it quickly? Are there taxes? A trust would let them avoid court. But if you’re not willing to retitle assets, don’t pay for a trust. It won’t work.
Q: What if I move to a different state? Is my Nevada trust still valid?
A: Probably, but state laws vary on trusts and inheritance. If you move to a new state, you would want your trust reviewed by an attorney licensed in that state. We can connect you with attorneys in other states to verify the document still works. It’s not expensive and prevents problems.
Q: Can I put my house in a trust myself to avoid probate?
A: You can transfer your house to a trust yourself using a quit claim deed. The trust document itself is straightforward. But people miss funding details-like not updating their beneficiary designation on their bank accounts or leaving vehicles titled in their personal name. If assets aren’t fully funded into the trust, you’re back in probate for anything not titled properly.
Q: If I have a pet, can I leave money to them in my will?
A: Not directly-animals aren’t people, so they can’t inherit money. But you can leave money to someone you trust to care for them, or use a pet directive to name a caregiver and specify funds they get for the pet’s care. It’s the same goal with different mechanics.
Q: I’m unmarried and my partner is listed as my beneficiary on my bank account. Isn’t that enough?
A: Beneficiary designations on accounts help with those specific accounts. But what about your house? Your car? Medical decisions if you’re hospitalized? Medical power of attorney naming your partner is essential. Financial power of attorney, too. Beneficiary designations alone don’t cover everything.
Q: When should I update my estate plan?
A: Major life changes: marriage, divorce, remarriage, kids born or adopted, someone you named as a trustee or guardian dies, you move to another state, significant financial changes, changes in health, or changes in family dynamics. You don’t need yearly reviews unless your situation is complex. Just read through it every year or two to make sure it still reflects your wishes.
Q: What’s the difference between a revocable trust and an irrevocable trust?
A: A revocable trust you can change anytime. You have complete control. You can add assets, remove assets, rewrite sections. No court oversight. When you die, it becomes irrevocable and your successor trustee administers it per your instructions. An irrevocable trust you cannot change once it’s set up. It offers more asset protection but loses flexibility. Most people use revocable trusts. Irrevocable trusts are for specific tax or creditor protection situations.
Q: How much does an estate plan cost?
A: It depends on your situation. Simple plans cost less than complex ones. We have packages on our website at www.shortandstevenslaw.com showing transparent pricing. We also offer a free consultation-normally $400-for anyone who attends our webinars.
Key Takeaways
Estate planning is more than a will. A will puts you in probate court. A trust avoids it.
Spouses and children have zero automatic legal authority to make medical or financial decisions. You need power of attorney documents.
A trust is only valuable if assets are actually titled in the trust. A list doesn’t count.
Minor children, multi-state property, businesses, and unmarried partners all benefit from trusts. Simple estates with stable adult children might not need them.
Probate is public, slow, and expensive. It takes 12-18 months.
Review your plan when major life changes happen: marriage, divorce, moves, kids, deaths of people you named, health changes.
A funded trust typically takes weeks to administer. Probate can take years.
Get documents in place while you’re healthy and capable. You can’t create them retroactively if you become incapacitated.
Ready to Protect Your Family?
At Short & Stevens Law, we work with families and business owners across Nevada, Ohio, and California to build plans that actually work. Not one-size-fits-all solutions. Plans built for your situation.
Schedule a free consultation at www.shortandstevenslaw.com. Use “Elite Insider Meeting” as your appointment type. That offer’s valid through December 31st, 2025.
Your family’s financial security starts with one decision today.
{ “@context”: “https://schema.org”, “@graph”: [ { “@type”: “BlogPosting”, “headline”: “Estate Planning Beyond Wills: What Actually Protects Your Family”, “description”: “Estate planning is more than a will. Learn about trusts, power of attorney, and probate avoidance strategies from Nevada attorneys.”, “url”: “https://www.shortandstevenslaw.com/estate-planning-guide”, “author”: { “@type”: “Organization”, “name”: “Short & Stevens Law” }, “publisher”: { “@type”: “Organization”, “name”: “Short & Stevens Law”, “logo”: { “@type”: “ImageObject”, “url”: “https://www.shortandstevenslaw.com/logo.png” } }, “articleBody”: “Estate planning is more than a will…”, “keywords”: “estate planning, trusts, power of attorney, probate, Nevada”, “articleSection”: “Estate Planning” }, { “@type”: “Organization”, “name”: “Short & Stevens Law”, “url”: “https://www.shortandstevenslaw.com”, “areaServed”: [“Nevada”, “Ohio”, “California”], “serviceType”: “Estate Planning Attorney” }, { “@type”: “FAQPage”, “mainEntity”: [ { “@type”: “Question”, “name”: “If I’m married, doesn’t my spouse automatically have the right to make medical or financial decisions for me?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “No. This is one of the most dangerous misconceptions we see. Spouses have no automatic rights to make medical decisions. During COVID, we saw spouses denied entry to hospitals because there was no power of attorney on file. Even if you’ve been married 40 years, without documentation, the hospital tells you to get a court order. The same applies to financial decisions. Get a power of attorney in place.” } }, { “@type”: “Question”, “name”: “Does a will keep me out of probate court?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “No. If a will is being read, you’re in probate. A will just tells the court how to distribute assets according to state law. It doesn’t avoid court. A trust avoids probate. A will puts you in it.” } }, { “@type”: “Question”, “name”: “I have a simple estate with just a house and bank accounts. Do I need a trust?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Maybe not. If your situation is genuinely simple, your kids are adults with no issues, a will might be enough. But if you own that house with your spouse and you both die, do your kids know what to do? Can they sell it quickly? Are there taxes? A trust would let them avoid court. But if you’re not willing to retitle assets, don’t pay for a trust. It won’t work.” } }, { “@type”: “Question”, “name”: “What if I move to a different state? Is my Nevada trust still valid?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Probably, but state laws vary on trusts and inheritance. If you move to a new state, you would want your trust reviewed by an attorney licensed in that state. We can connect you with attorneys in other states to verify the document still works. It’s not expensive and prevents problems.” } }, { “@type”: “Question”, “name”: “Can I put my house in a trust myself to avoid probate?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “You can transfer your house to a trust yourself using a quit claim deed. The trust document itself is straightforward. But people miss funding details-like not updating their beneficiary designation on their bank accounts or leaving vehicles titled in their personal name. If assets aren’t fully funded into the trust, you’re back in probate for anything not titled properly.” } }, { “@type”: “Question”, “name”: “If I have a pet, can I leave money to them in my will?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Not directly-animals aren’t people, so they can’t inherit money. But you can leave money to someone you trust to care for them, or use a pet directive to name a caregiver and specify funds they get for the pet’s care. It’s the same goal with different mechanics.” } }, { “@type”: “Question”, “name”: “I’m unmarried and my partner is listed as my beneficiary on my bank account. Isn’t that enough?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Beneficiary designations on accounts help with those specific accounts. But what about your house? Your car? Medical decisions if you’re hospitalized? Medical power of attorney naming your partner is essential. Financial power of attorney, too. Beneficiary designations alone don’t cover everything.” } }, { “@type”: “Question”, “name”: “When should I update my estate plan?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Major life changes: marriage, divorce, remarriage, kids born or adopted, someone you named as a trustee or guardian dies, you move to another state, significant financial changes, changes in health, or changes in family dynamics. You don’t need yearly reviews unless your situation is complex. Just read through it every year or two to make sure it still reflects your wishes.” } }, { “@type”: “Question”, “name”: “What’s the difference between a revocable trust and an irrevocable trust?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “A revocable trust you can change anytime. You have complete control. You can add assets, remove assets, rewrite sections. No court oversight. When you die, it becomes irrevocable and your successor trustee administers it per your instructions. An irrevocable trust you cannot change once it’s set up. It offers more asset protection but loses flexibility. Most people use revocable trusts. Irrevocable trusts are for specific tax or creditor protection situations.” } }, { “@type”: “Question”, “name”: “How much does an estate plan cost?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “It depends on your situation. Simple plans cost less than complex ones. We have packages on our website at www.shortandstevenslaw.com showing transparent pricing. We also offer a free consultation-normally $400-for anyone who attends our webinars.” } } ] } ] }
