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Frequently Asked Questions

How is this any different than DIY services like Legal Zoom or Rocket Lawyer?

Most DIY estate planning services are focused on providing you a form to fill out, but leave you to figure out how to fill it out, what everything in the documents means, and to get it executed correctly. Really Good Wills is a diagnostic process where we figure out the specifications of the documents based on your unique situation. All documents are reviewed by a Utah Licensed Attorney, and then the documents are also executed so that by the end of the process you have an attorney-reviewed, state compliant, fully executed estate plan. Essentially, you are getting the quality of a law firm but at a reduced price and fully online.

What if I need to make a change to my documents?

If you need to make a change to the Advance Healthcare Directive or General Durable Power of Attorney forms, standard practice is to just sign a new document rather than amend those documents. However, if you need to make a change to your Last Will and Testament, that will be done through an amendment called a Codicil. This needs to be handled by a licensed legal professional, like our team at Wightman Legal, LLC.

What is the difference between a will and a trust?

This is a tricky question to answer because there are so many different kinds of trusts, but at the most basic level, a will organizes your estate, names who is in charge of your estate, names who will be guardians of your minor children, and dictates who gets what. A will always passes through probate i.e. becomes public and reviewed by the Court. A revocable living trust on the other hand, if funded properly, should allow you to avoid probate. There are also irrevocable trusts that are created for a specific purpose, like asset protection, but require you to give up some or all of the control of the assets you put into them in order to get that special protection. In general, I recommend that if your are in the season of life where "what ifs" are your greatest concern, a Will is going to be a great option for you. If instead, you have moved on to the "not if, but when" stage of life, a revocable trust may be a better option.

Is a trust or a will better for me?

Trusts, though an excellent planning vehicle, are also more demanding than wills in terms of your upkeep over time. If you are young, in a first marriage or single, and most worried about the what ifs of life, a Will is a great option because it saves you money now and eliminates the need for the upkeep a trust would require. Additionally, if you have minor children, our Really Good Wills, already have a special kind of trust within the Will that would ensure money is protected until they are older. If you are in a second marriage where there are prior children from previous relationships, if you have a child with special needs, if you have children struggling with drug use, gambling, or money management, or if you have property outside of Utah, you may be better served by a trust based estate plan.

If I have another child, do I need to amend my will?

So long as that child is either born to you or legally adopted, all of our wills cover subsequently born children whether they are named in the document or not. This will be specifically addressed in the review videos that come with your draft documents. If you have further questions about this, please be sure to ask one of our attorneys during your appointment with them.

I've heard that you need a trust to leave money to minor kids?

It is true that minor children cannot inherit money directly until they become an adult. Sometimes conservatorships are set up for this purpose. Additionally, as soon as your child reaches the age of majority i.e. 18 (and in some cases 21), their share of inherit is then transferred to them. Trusts are a helpful vehicle in this situation because they allow for inheritance money to be held and allow for you as the parents to set up terms around when the money can be inherited, what it can be spent on, and who is in control of the money. That is why at RGWs we include a special kind of trust that is embedded in your will and created upon your death, if you have minor children. This way you can ensure that money is cared for by someone you select and trust and that the control of the money does not go to your child until they are older (30 yrs old).

What if I have a child with special needs?

We encourage you to discuss your specific situation with an attorney specializing in special needs trusts. However, the Really Good Will product does contain a special needs trust provision as a safety net should any of your children require that at the time they inherit.

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Individual

$550

Couple

$650

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