Estate Planning: It’s Not Just for Rich People
Whether you own a home, a car, a savings account — or nothing at all — an estate plan protects the people you love from the chaos you leave behind. And yes, you need one.
Why I Do This Work
I’m Mary Zogg, a Board Certified Marital & Family Law attorney with over 25 years of experience. I’ve seen what happens when families are left without a plan — because I lived it.
When my father passed, I was his primary caregiver for years. In the middle of grieving, I became his estate administrator — locating assets, filing paperwork, navigating courts. I didn’t have time to cry. I had deadlines.|
When my mother became ill and moved into a care facility, I was back in lawyer mode when I should have been holding her hand. She had a will, but no trust. The legal and financial scramble was avoidable — if only the right plan had been in place.
Litigation is for lawyers and judges. Grief is for families. I do this work so your family never has to go through what mine did.
Are You Smarter Than a 5th Grader About Estate Planning?
Let’s find out. Answer these questions honestly:
- If you died tomorrow, do you know who gets your stuff? (Legally — not just your wishes.)
- If you’re in a coma, do you know who can pay your bills and talk to your doctor?
- If you have kids, do you know who will raise them if something happens to both parents?
- Do you know the difference between a will and a trust — and which one you need?
If you hesitated on any of those — you need an estate plan. It doesn’t matter if you’re 28 or 78, renting an apartment or owning a home. These decisions affect everyone you love.
Your Questions, Answered Simply
Do I need an estate plan if I don't own anything?
Yes. Estate planning isn’t just about property. It’s about who makes medical decisions for you if you’re incapacitated. It’s about who raises your children. It’s about protecting your family from a legal mess — even if your bank account is nearly empty.
I already have a will. Am I done?
A will is a great start — but it’s just one piece. When did you write it? Has your family situation changed? Did you get married, divorced, have kids, or lose someone you named in it? Your will should be reviewed every 3–5 years and after any major life event.
Also: a will alone doesn’t avoid probate. A trust does. We’ll help you understand the difference and decide what’s right for you.
I'm separated but still legally married. Now what?
This is one of the most overlooked estate planning situations — and one of the most dangerous. If you’re legally married but separated, your spouse may still have full legal rights to your assets, your medical decisions, and your children’s guardianship. Until your divorce is finalized, your legal ties remain intact.
Your estate plan can be updated to reflect your current reality — even if your legal status hasn’t caught up yet. We strongly recommend reviewing or creating your plan as soon as a separation begins.
What does estate planning actually include?
Most people think estate planning just means writing a will. It’s actually five core documents — what we call the Five Pillars:
- Last Will & Testament — who gets your assets, and who raises your kids
- Power of Attorney — who handles your finances when you can’t
- Health Care Surrogate — who makes medical decisions on your behalf
- Living Will — your instructions if you’re on life support
- Trust — protects your assets from probate, creditors, and court delays
Last Will & Testaments
A Last Will & Testament (your Will) is a letter to a judge asking him or her to abide by your wishes. It names your beneficiaries – those who you desire to receive the assets you have accumulated throughout your life. If designates a Personal Representative – the person you select to direct and manage your estate. It includes the specifics of how your property will be distributed upon her death. It instructs what happens with your financial accounts, real estate and personal property. These instructions override the inheritance laws of the state. It also allows you to designate the person or people who will care for your children should both parents pass away. It is the instruction manual for your Personal Representative to follow in executing your desires; with your Will, they find your way of distributing your assets.
Powers of Attorney
A Power of Attorney is a document that is effective during your lifetime, which allows another person to handle your finances. Most commonly, they are intended to allow someone to manage your day-to-day financial affairs when you are not able to do so. They can also be for a particular purpose (such as selling a home) if you are unavailable for whatever reason.
Health Care Surrogate
A Health Care Surrogate is the document that designates the individual who can make health care decisions on your behalf when you are unable to do so.
Living Wills
A Living Will may irreverently be called the “pull the plug” document. It instructs your desire to (or not to) artificially prolong your life if you are incapacitated, in a persistent vegetive state, have a terminal or end stage condition.
Trusts
A trust is a document that creates a legal entity in which one party (the trustee) holds and manages assets on behalf of another party (the beneficiary), allowing for controlled management and distribution of property during the grantor’s life time and after his or her death.
The grantor (aka settlor or trustor) is the person who creates the trust and transfers assets into it. The trustee is the person or entity responsible for managing and administering the trust assets according to the grantor’s instructions. The trustee is a fiduciary who must act in the best interests of the beneficiaries. The beneficiary is the person or group designated to receive benefits or income from the property held by the trust.
A trust may be created for a variety of reasons, including estate planning so that the assets are distributed according to the desires of the grantor and to avoid time-consuming and expensive probate procedures, to protect assets from creditors or legal claims, to provide fort the care and maintenance of your pets (aka fuzzy babies), to minimize estate, gift or income taxes, to manage your assets in the event you become incapacitated, or to support a charity or individual with special needs.
A trust enables precise control over asset distribution, including conditions such as age, events, or milestones a beneficiary must meet to receive a distribution. They are broadly categorized by the grantor and their revocability. Revocable trusts can be modified, amended or revoked during the grantor’s life and the assets held by the trust remain part of the grantor’s estate, thereby creating a source of income. An irrevocable trust cannot be changed. It relinquishes control and ownership permanently, most typically to minimize or limit estate tax and provide protections from creditors.
Once a trust is created, the grantor transfers assets to fund the trust. The trust then manages the assets according to the trust agreement, distributing income or principle to the beneficiaries as specified. The trustee has fiduciary duties to the beneficiaries of the trust.
Trusts provide continuity of management, privacy, and can help avoid the time consumed by probate and the expenses involved in probating an estate. They allow for financial planning to address tax, creditor or personal concerns. They legally separate ownership (held by the trustee) from the equitable ownership (grantor) and provide benefits (to beneficiaries) in a sophisticated and controlled manner.
Want to dictate what happens to your assets from the grave?
Real Situations. Real Reasons to Plan.
You’re a young parent with no major assets
Your will names a guardian for your children. Without it, a judge picks one. That alone is worth the appointment.
You’re a homeowner — married or single
Your home is likely your biggest asset. A trust can keep it out of probate and in the hands of the people you choose — without court involvement.
You’re separated but not yet divorced
Your estranged spouse may still have legal rights over everything — your money, your medical decisions, your estate. Update your plan now. Don’t wait for the divorce to finalize.
You’re a caregiver for an aging parent
You know firsthand what happens when the paperwork isn’t in order. A plan protects both of you.
You already have a will but haven’t touched it in years
Review it. People change. Laws change. What made sense 10 years ago may not reflect your life today.