Why do I need an estate plan?

An estate plan helps ensure your wishes are carried out if you become incapacitated or pass away. It allows you to:

• Decide who receives your assets.
• Name guardians for minor children.
• Appoint someone to manage your finances if you cannot.
• Designate someone to make medical decisions on your behalf.
• Help your loved ones avoid unnecessary court involvement and delays.

How often should I review my estate plan?

We recommend reviewing your estate planning documents every 3–5 years, even if nothing significant has changed.

You should also contact our office sooner if you experience a major life event, including:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or fiduciary
• Purchasing or selling real estate
• Starting or selling a business
• Receiving a large inheritance
• Moving to another state
• Significant changes in your financial situation

What if something changes before my next review?

Please contact our office. Many life changes require updates to your documents, and we can advise whether an amendment or a completely new document is appropriate.

Where should I keep my estate planning documents?

Keep your original documents in a safe, dry location that is easily accessible to your loved ones.

Good options include:

• A home fireproof safe
• A secure filing cabinet
• Another secure location known to your successor trustee or personal representative

Avoid storing original estate planning documents in a bank safe deposit box unless someone else has legal access, as your loved ones may not be able to retrieve them immediately when needed.

Should I give copies to anyone?

Yes. We recommend providing copies to the people who may need them, including:

• Your successor trustee
• Your personal representative (executor)
• Your healthcare agent
• Your financial agent (Power of Attorney)
• Your primary physician, if appropriate

How should my documents be notarized in New Jersey?

Certain estate planning documents, such as powers of attorney and self-proving wills, require notarization.

When signing:

• Do not sign documents ahead of time.
• Bring a valid government-issued photo ID.
• Sign only in the presence of the required witnesses and/or notary.
• Follow all instructions provided by our office.

If you have questions before signing, please contact us first.

Can I write on or mark up my estate planning documents?

Please avoid writing on or altering your signed documents. Even small handwritten changes can create confusion or legal issues.

If you need to make changes, contact our office so we can prepare the proper legal documents.

What happens if I move out of New Jersey?

Estate planning documents are generally valid across state lines, but each state has different laws.

If you relocate, we recommend having your estate plan reviewed to ensure it complies with your new state’s laws.

What is trust funding?

Creating a trust is only the first step.

Funding your trust means transferring assets into the trust so the trust actually controls those assets.

Common assets that may require funding include:

• Real estate
• Bank accounts
• Investment accounts
• Business interests
• Certain personal property

An unfunded trust may not accomplish many of the goals it was designed to achieve.

What happens if I don’t complete trust funding?

Assets left outside your trust may still need to go through probate or may not be distributed according to your trust instructions.

Completing your trust funding is one of the most important parts of your estate plan.

Will Davis Law Collective help with trust funding?

Yes. We will provide guidance regarding trust funding and identify the assets that should be transferred into your trust.

Some financial institutions may require additional forms or documentation. If you have questions during the funding process, please contact our office.