Family & Disputes
Where to start if you have nothing in place
A practical sequence for anyone who has been deferring this, ordered by consequence rather than by complexity.

Most people who have no estate plan are not opposed to having one. They have simply never known where to begin, and the topic is presented as more complicated than the essentials are.
First: the beneficiary designations
The highest-value action available, and it costs nothing.
List every retirement account, life insurance policy and financial account. Log in or contact each institution and check who is named, as primary and as contingent.
Update anything that is wrong or missing.
For many households this governs the majority of assets, and it can be completed in an afternoon.
Second: powers of attorney and a healthcare directive
These matter while you are alive, which makes them more urgent than a will.
A durable financial power of attorney and a healthcare proxy, naming people you trust, with successors named.
Without them, incapacity requires a court proceeding — expensive, slow, public, and occurring at a moment of crisis.
Many states publish statutory forms, and many attorneys include these in a flat-fee package.
Give copies to the people named, and to your physician for the healthcare document.
Third: a will
Naming beneficiaries, an executor and — where there are minor children — a guardian.
The guardian nomination alone is sufficient reason for any parent of young children to do this immediately.
Where children might inherit, provision for holding the money past the age of majority is worth including.
Execute it according to your state's formalities, with witnesses who are not beneficiaries, and include a self-proving affidavit where permitted.
Fourth: the master document
A single list of every account, institution, policy, professional contact and where documents are held.
Plus how digital access is provided, ideally through a password manager with emergency access configured.
This has no legal force and is the item executors most consistently say they wish had existed.
Fifth: the conversations
Tell the executor they are named. Tell the guardians. Tell the agents under the powers of attorney.
Tell the family where the documents are and who the professionals are.
Explain anything unequal, and say that an inheritance should not be assumed because care costs may consume the estate.
Discuss what you would want medically, with whoever would be asked.
Then: whether anything more is needed
The situations warranting professional planning beyond the basics.
A blended family. A business. A beneficiary with a disability. Property in more than one state. An estate near a federal or state tax threshold. An intention to exclude someone. A beneficiary who should not receive assets outright.
Where none of these applies, the four items above cover most of what matters for most households.
What it costs
Less than most people assume.
Beneficiary designations are free.
Many attorneys offer flat-fee packages covering a will, powers of attorney and a directive.
Legal aid organisations, bar association clinics and some employer legal plans provide free or low-cost services, and services aimed at older adults are widely available.
Statutory forms for healthcare directives are generally free from state health departments.
The order matters
Because people who attempt everything at once frequently complete none of it.
The sequence above is ordered by consequence: designations first because they control the most and cost nothing, incapacity documents second because they operate while you are alive, the will third, and the practical information fourth.
Someone who does only the first two has addressed a substantial proportion of what goes wrong.
And then the review
Once a year, briefly.
Check the designations. Check that the named people are still appropriate. Update the master document.
An hour annually keeps the whole thing accurate, and the absence of that hour is why so many plans no longer describe the person who made them.
The version for someone with an hour
If nothing else is done, two things.
Check and update every beneficiary designation, which controls the majority of most people's assets and costs nothing.
Complete a healthcare directive and a financial power of attorney, using the statutory forms where your state publishes them, and give copies to the people named.
Those two actions address the largest share of what actually goes wrong, and neither requires an appointment or a fee.
Everything else can follow when there is time.
General information only, not legal advice. Requirements vary by state — consult a qualified attorney about your own circumstances.
Also by Harriet Cole
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- Gifting to reduce a taxable estateEstate Tax
- Financial exploitation of older relativesFamily & Disputes
- Passing on a professional practiceBusiness Succession





