FAQ — Frequently Asked Questions

What is “estate planning”?

It’s the plan that governs what happens when you die and/or become incapacitated—covering assets, decision-makers, and medical choices through a suite of legal documents.

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Does estate planning really work?

Actually, most estate plans fail. This is typically because a client’s plan is: a) Outdated—law or life circumstances changes, and the plan was not kept current; b) Invalid—documents were executed incorrectly or not properly funded, rendering them legally ineffective; c) Insufficient—documents were too rigid or simplistic to govern real-life scenarios.

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How is “legacy planning” any different?

Legacy planning includes all aspects of estate planning, but with an exclusive focus on improving generational outcomes through custom-tailored documents (instead of set-and-forget templates) and concierge legal support (like having an attorney in the family). This is the type of planning utilized at Joseph Legacy Planning (JLP).

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Is "legacy planning” more likely to succeed for clients?

Absolutely, yes. This is why the JLP team refuses to practice any other method. Our clients don’t just want legal documents, they want peace of mind; and that’s just what our team works hard for—and delivers, as our client testimonials reflect. We craft estate plans that evolve with your life, not expire with time.

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What role do “custom-tailored documents” play in legacy planning?

Static plans simply don't survive our dynamic lives. Custom and regularly-updated legacy documents allow greater specificity for unique client situations, and can especially improve outcomes during incapacity. Anyone promising a "one-and-done" approach to estate documents is doing clients a disservice—because laws, lives, and liabilities change with time. This is why JLP operates with clearly priced service packages, to help clients understand what documents are included and assess the value of their investment up front.

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Can you explain JLP’s “concierge service” model of planning?

It’s simple: Our entire legal team, "on call" for you, for life. Our clients build a relationship of trust with our firm, counting on us to simply be there for them and handle every legal detail of achieving their life goals. We make that happen through one annual fee that makes you a Legacy Member of our firm—allowing unlimited access to comprehensive, continuous, incomparably excellent legal support from that point on, with no surprise costs or hourly billing.

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Why doesn’t JLP bill clients by the hour?

Because estate planning isn’t a transaction—it’s a timeline. Hourly billing is outmoded and antithetical to excellent estate plans; nobody wants to stress over the cost of a phone call, and peace of mind is only built over a long-term partnership. That's why our concierge approach has been proven to reduce anxiety, encourage communication, and foster successful outcomes—all things that we and our clients prefer over watching the clock.

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Isn’t it enough to have a Last Will & Testament?

Usually, no. A will primarily speaks after death, and it still requires probate (a court process) to settle. A truly complete plan should also include incapacity documents, and (often) a trust-based strategy.

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What problems does a trust solve that a will doesn’t?

Trusts can help with probate avoidance, privacy, asset protection, and control over timing/conditions of distributions (especially for minors, blended families, special needs, or complex assets).

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Do I need a trust if my estate isn’t very big or complicated?

Maybe. Trust planning isn’t primarily about the amount of wealth involved—it’s about simplicity for family, incapacity planning, and probate avoidance, especially if you own real estate or want privacy.

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What is probate, and why do people try to avoid it?

Probate is a court-supervised process that transfers your assets after death; rather like a government-run open house, announced in the local newspaper. It can be painfully slow (months to years), uncomfortably public, expensive, and stressful—especially during the grieving process. Families commonly plan to reduce or avoid it whenever possible.

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Can JLP help if my loved one has already died?

Yes. We offer regular probate services and guidance for executors/representatives, distributions, accountings, and related court filings.

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What is “asset protection” in estate planning?

It’s structuring ownership and transfers of various assets to reduce avoidable loss from lawsuits, creditor issues, government overreach, divorce risk, and beneficiary instability—all within precise legal and ethical limits.

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What documents are found in a truly comprehensive estate plan?

Commonly: will, trust (if needed), various powers of attorney (POA), advance directive, and beneficiary reviews. Beyond this, planning may also include charitable components, business succession arrangements, and other tools.

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What is a financial power of attorney (POA)?

A document that legally authorizes someone to handle finances (pay bills, manage accounts, handle property) if you can’t. It’s a core part of legacy planning.

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What is a health care power of attorney (POA)?

A document that legally authorizes someone to make medical decisions if you can’t communicate or make informed choices in a health care setting. Depending on your jurisdiction, this appointment may also be referred to as your Patient Advocate (in Michigan), Health Care Representative (in Indiana), or otherwise.

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What is a health care advance directive (HCAD)?

A written statement of your medical wishes for certain scenarios—typically activated when you become incapacitated, and best used alongside a health care POA for guidance. In Indiana, these must be either signed by two witnesses or notarized in order to be legally valid.

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For health care planning, why should I have both HCAD and POA?

The HCAD gives general guidance, while the POA gives a trusted person real-time authority to interpret and legally apply your values and guidance to complex situations—something no document can ever do.

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What happens if I become incapacitated without POAs?

These are among the most painful situations, as families can face delays, conflict, and court involvement in order to get authority. The exact rules vary based on the situation, but the shared problem is predictable: No clear legal decision-maker.

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What is “digital afterlife” planning?

In our time of unprecedented software tools, you should be planning as much for your monetary wealth as you should for your digital accounts, data, and online presence—access, instructions, and continuity—especially as identity risks increase with AI software. You can start with our “Digital Afterlife” readiness quiz here.

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Are online wills (DIY templates) “fine” if my situation is simple?

These are seldom sufficient, and can be risky—because “simple” is rarely simple in real life. Blended families, minor kids, real estate, beneficiary conflicts, tax issues, and incapacity gaps are common. Furthermore, we advise against using any online portal to share your most sensitive information.

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Why is uploading sensitive family and financial data to an online form a bad idea?

We live at a watershed moment in digital technologies, and your estate plan is a fraudster’s dream come true: lists of identities, relationships, accounts, assets, addresses, and instructions—everything needed to exploit you and your loved ones. Even if an online legal document is “valid,” its security and misuse risks are entirely your problem.

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Can JLP help with long-term care planning?

Yes. In the face of skyrocketing health care costs and heightened government scrutiny, we regularly work with all manner of long-term care strategies and connected planning, from Medicaid and other state and federal aid programs, to incapacity planning, veteran and disability benefits, and more.

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What is “Medicaid planning” and when does it matter?

This involves planning for government aid when we cannot reasonably expect to afford senior health care complexities over the long term. It often involves timing rules, asset structuring, and exacting process documentation. Try our Medicaid knowledge quiz here as a starting point, or learn more here.

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How does JLP handle the Medicaid approval process?

In consultation with local government offices and health care providers, JLP has created a proprietary application process that has proven 100% effective in case approval to date. If you expect a Medicaid application may be in your future, we invite you to get a free personal case analysis and estimate of cost-savings by reviewing our Medicaid roadmap here and following the steps.

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What is “High-Net-Worth” estate planning?

Planning for significant wealth, complex holdings, business interests, higher tax exposure, or foreign assets—often using more advanced legal tools and coordinated strategies with other business and financial professionals. 

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Is Indiana a good state for high-net-worth client accounts?

Yes. JLP’s Hoosier home state holds many hidden advantages for clients looking to create, grow, and transfer generational wealth. See our article here to learn more.

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Do you also handle business succession planning?

Yes. JLP works in business strategy and succession as a core estate planning service area, from buy–sell agreements to founder death/disability/retirement triggers, risk planning, successor governance and voting control, and more. 

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How does charitable giving fit into estate planning?

Most people are unaware of how much good their wealth can do in the world. Charitable gift planning can be built into your plan to support the causes that matter most, while also coordinating tax and distribution goals over time.

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What is “special needs planning”?

All planning that protects eligibility for needs-based benefits, while still providing support for a disabled loved one—often involving a special needs trust. JLP handles that.

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Who will take care of my pets when I die?

Providing for pets is an increasingly common area of estate planning, and it's something JLP can help with. From pet trusts to memorials and care funding arrangements, we can ensure that your beloved companion animals are taken care of even after you’re gone.

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I’m young; do I really need an estate plan?

If you’re over 18, yes, you should begin planning. Your strategy will start small and grow with you, with POAs and HCADs often the first priority. Wills and trusts come into play as your assets and family needs increase.

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What if I have minor children?

You will need guardianship planning, and should consider how assets will be managed for minors—often a trust is cleaner than leaving money outright.

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How often should I update my estate plan?

Annual review is normative for concierge planning—as simple as a "check-up" call—and you should always plan for updates after a major life change: a marriage/divorce, a birth/adoption, a death, an interstate move, major asset changes, business changes, or a serious diagnosis.

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What is a “Legacy Letter,” and why does JLP talk about it?

It’s a values-and-story document, capturing your guidance, gratitude, faith, and hopes: something that legal documents just can’t do. JLP offers a free guide on the “how (and why)” of writing such a letter here.

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Can I name different people for financial and medical decisions?

Yes—and often you should. The best “money person” isn’t always the best “medical advocate” (and vice versa).

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How do I choose the right executor / trustee / agent?

Choose the person who is: trustworthy, organized, willing to act under pressure, able to communicate clearly, and aligned with your values (especially for medical decisions). Our team can help you work through this.

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How do I get started with JLP?

Start by booking a free consultation with JLP, or check the Resources page here for some leads to help you clarify what kind of planning you may need.

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What things can JLP help with, specifically?

As a firm exclusively dedicated to estate planning excellence, we provide comprehensive legal service in this area, tailored to individuals, families, and business owners. Those areas include:

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Estate Planning & Foundational Documents: We often begin planning through wills, revocable living trusts, pour-over wills, powers of attorney, healthcare directives, HIPAA authorizations, guardianship planning for minors and dependents, trust funding assistance, beneficiary coordination, probate avoidance strategies, and long-term estate plan maintenance to ensure assets are properly titled and aligned with client goals.

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Trust Planning & Wealth Transfer Strategies: We leverage several trust planning strategies, revocable and irrevocable trusts, dynasty trusts, generation-skipping transfer (GST) planning, special needs trusts, education and incentive trusts, spousal lifetime access trusts (SLATs), intentionally defective grantor trusts (IDGTs), grantor retained annuity and unitrusts (GRATs and GRUTs), qualified personal residence trusts (QPRTs), trust protector provisions, trust decanting, and multi-state trust coordination.

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Estate, Gift & Income Tax Planning: We integrate estate planning with proactive tax planning to minimize estate, gift, and income taxes while preserving flexibility, including lifetime gifting strategies, valuation discount planning, estate tax exemption optimization, tax basis planning and step-up strategies, portability and marital deduction planning, disclaimer planning, income-tax-aware trust design, and coordination with CPAs and financial advisors for long-term tax efficiency.

 

Asset Protection Planning: We help clients safeguard personal and business assets from future risks through thoughtful legal structuring, including asset protection trusts, spousal and family protection strategies, creditor-protected ownership structures, trust-based asset ownership, liability-isolating entity structures, and proactive planning designed to preserve wealth without impairing control or access.

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Business Succession & Owner Estate Planning: We support closely held and family-owned businesses, providing business succession planning, buy–sell agreements, key-person and liquidity planning, ownership transition planning, founder and partner exit strategies, valuation methodology planning, and alignment of business interests with trusts and estate plans to ensure continuity, control, and long-term family outcomes.

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Business Entities, Governance & Control Planning: We can help with entity formation and restructuring for business owners and investors including LLCs, partnerships, holding companies, and family investment entities, equity recapitalizations, voting and non-voting ownership structures, shareholder and operating agreements, business governance and control provisions, management succession planning, and dispute-prevention mechanisms designed to protect both enterprise value and family relationships.

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Charitable & Philanthropic Planning: We assist individuals and families in incorporating charitable goals into their estate plans through donor-advised funds, charitable remainder and charitable lead trusts, private foundations, family philanthropy structures, and tax-efficient charitable giving strategies that align personal values with long-term legacy objectives.

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Special Needs & Family Protection Planning: Our practice includes planning for families with unique needs, including special needs trusts, guardianship planning, long-term care coordination, medicaid application and asset protection planning, education planning, beneficiary protection strategies, and trust structures designed to preserve benefits while enhancing quality of life for vulnerable family members.

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Legacy, Family Governance & Multigenerational Planning: We help families preserve not only wealth, but harmony and purpose, through family legacy and values planning, family constitutions and mission statements, trustee and fiduciary committee design, investment policy statement coordination, education of heirs, and governance frameworks that support responsible stewardship across generations.

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Advanced Planning & Coordination Services: We provide sophisticated planning coordination for complex and high-net-worth estates, including digital asset planning, promissory notes and intra-family loans, trust and estate notarization, multi-jurisdictional estate planning, ongoing plan reviews, and long-term wealth preservation architecture designed to adapt as families, businesses, and laws evolve.