Frequently Asked Questions

Questions?

Estate planning has been on my “to-do” list for years. Where do I start?

You’re not alone—nearly two-thirds of Americans don’t even have a basic will. The best place to start is with education. At Cain & Cain, we believe informed decisions lead to better outcomes. Once you understand the standard planning options—such as will-based and trust-based plans—you can choose the approach that best protects your family and assets. We begin with a complimentary phone consultation or an invitation to attend our Truth About Estate Planning™workshop.

Do most estate plans actually work as intended?

Unfortunately, many do not. Estate plans often fail due to inadequate counseling, incomplete asset funding, outdated documents, or a lack of ongoing maintenance. A successful strategy requires personalized legal guidance, intentional asset organization, regular updates as laws and life change, and education for your family so they understand their roles and responsibilities.

What is trust “funding,” and why does it matter?

Trust funding means ensuring your assets are appropriately titled so your trust can control them. This may include retitling bank accounts, updating real estate deeds, and reviewing beneficiary designations. Without proper funding, even a well-drafted trust may not work as intended.

How often should my estate plan be reviewed?

Your plan should be reviewed regularly and whenever major life events occur—such as marriage, divorce, birth of a child, retirement, or changes in the law. Our ongoing maintenance program helps ensure your plan stays current and effective.

Besides distributing assets, what else can estate planning accomplish?

Proper estate planning can:

  • Avoid probate and maintain privacy

  • Protect beneficiaries from divorce, lawsuits, or creditors

  • Provide incapacity planning and disability protection

  • Reduce or eliminate estate taxes

  • Prevent family conflict, especially in blended families

  • Ensure smooth transitions for family businesses or farms

Do I need an estate plan if I don’t consider myself “wealthy"

Yes. Estate planning is not just about wealth—it’s about control, protection, and peace of mind. Anyone who owns property, has children, or wants a say in medical or financial decisions should have a plan.

What happens if I die without an estate plan?

State law will determine who inherits your assets, who manages your estate, and who cares for minor children—often in ways you may not have chosen. Proper planning ensures your wishes, not the court’s, guide these decisions.

Will my family understand what to do when the time comes?

Education is a critical part of our process. When your loved ones understand their roles and your intentions, estate settlement is faster, less stressful, and far less likely to result in conflict.

Will I work only with an attorney?

No. While an experienced estate planning attorney leads your plan, you’ll also be supported by a knowledgeable team committed to responsive communication and long-term service.

Is estate planning a one-time event?

No. Estate planning is an ongoing process. As *Estate Planners for Life™, we provide continued counseling, education, asset organization, and maintenance to ensure your plan evolves as your life does.