Plain answers to common questions.

A will is a legal document that says who inherits your property and, if you have minor children, who raises them. It takes effect at your death and must go through probate — a court process — before assets are distributed.

A revocable living trust is a legal arrangement you create during your lifetime. You transfer assets into the trust, and those assets pass to your beneficiaries at your death without going through probate. A trust also lets you control how and when assets are distributed — for example, holding funds in trust for a child until they reach a certain age.

Both plans include a will, powers of attorney, and a healthcare directive. The difference is whether you also have a trust to avoid probate.

For many families, a will-based plan is a solid, complete estate plan. If your primary assets pass by beneficiary designation — retirement accounts, life insurance, jointly owned property — a will may be all you need.

A trust makes the most sense if you own real estate in your name alone, own property in multiple states, or want to avoid the time and cost of probate. Frank will help you decide during your consultation.

A pour-over will is included in every trust-based plan. It acts as a safety net: if you acquire assets after creating your trust and forget to transfer them into the trust, the pour-over will directs those assets into the trust at your death. It still goes through probate, but it ensures nothing is left behind.

Probate is the court-supervised process of validating a will and distributing a deceased person's assets. It is generally required for assets titled in your name alone that do not have a beneficiary designation.

People want to avoid probate because it takes time (often six months to a year or more), costs money (court fees, attorney fees), and is a matter of public record. A trust-based plan lets most assets pass to your family outside of probate — faster, cheaper, and privately.

Many states, including Nevada, California, Washington, and Utah, have simplified procedures for smaller estates — affidavit processes or summary administration — that can reduce the time and cost of probate. Whether a simplified process applies to your estate depends on the value and type of your assets and the state where you live.

Frank will explain which procedures are available in your state and whether they apply to your situation during your consultation.

If you die without a will, your state's intestacy laws determine who inherits your property. Generally, your assets pass to your spouse and children in proportions set by state law — which may not match your wishes.

More importantly, if you have minor children and no will, a court will appoint a guardian for them. The court will try to act in the children's best interests, but you will have had no say in who that person is.

Without a financial power of attorney, no one has legal authority to manage your finances if you become incapacitated. Your family may need to go to court to have a guardian or conservator appointed — a process that is expensive, time-consuming, and public.

A financial power of attorney names someone you trust to manage your accounts, pay your bills, and handle your financial affairs if you cannot. A healthcare directive names someone to make medical decisions for you and records your wishes about end-of-life care.

Most families complete their estate plan within two to four weeks of their initial consultation. The timeline depends on how quickly you can gather information, review drafts, and schedule your signing appointment. Frank keeps the process moving and will not leave you waiting.

Each state has its own execution requirements for wills and trusts. Frank will coordinate your signing appointment — either in person at his Las Vegas office or remotely — and make sure everything is properly executed under the law of your state so your plan is legally valid.

You do not need to bring anything to your initial consultation. Frank will ask you questions about your family, your assets, and your wishes. If you have existing estate planning documents — a prior will, a trust, powers of attorney — it is helpful to have them available so Frank can review what you already have.

Frank recommends reviewing your estate plan after any major life event: marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named fiduciary, a significant change in assets, or a move to a new state. As a general rule, reviewing your plan every three to five years is a good habit even if nothing has changed.

Frank is licensed in Nevada, California, Washington, and Utah and prepares plans under the law of your state of residence. Consultations are by video or phone, so you do not need to travel to Las Vegas.

If you live in a state where Frank is not licensed, please contact us — he may be able to refer you to a trusted colleague.

No. Frank represents one partner only. Representing both partners in the same prenuptial agreement is a conflict of interest that no attorney can ethically take on.

Your partner should get independent legal advice — either by retaining their own attorney to review the agreement, or, where state law allows, by signing a written waiver confirming they were advised to seek independent counsel and chose not to. Frank recommends independent review. He can refer your partner to a flat-fee attorney for this purpose.

Frank recommends signing at least 30 days before the wedding. Signing close to the wedding date can raise questions about whether the agreement was signed under pressure, which could affect its enforceability.

In California, the law requires that at least 7 days pass between the time your partner receives the final agreement and the time it is signed. If the agreement includes spousal support terms, each partner must have their own attorney — a waiver is not permitted for spousal support provisions in California.

California estate plans and prenuptial agreements are prepared in association with California-licensed co-counsel. Frank coordinates the engagement and works directly with you throughout the process. Your plan is prepared under California law by attorneys licensed to practice there.

The flat-fee pricing and process are the same as for Nevada, Washington, and Utah clients.

Yes. Current and past Frank Stucki injury clients may be eligible for a complimentary estate plan and client pricing on other Signature Law services. Ask about your client benefits when you reach out.