Incorrect. A last will and testament is a legal document that allows the creator of the will, or testator, to specify how and to whom their money and property are to be distributed after their death. It also allows the testator to nominate a guardian for their minor children and appoint an executor to manage their estate

Incorrect. Probate is the legal process through which a court validates a deceased person’s will (if one exists) and ensures that their estate is properly administered. Probate administration includes paying off the decedent’s valid debts and taxes and distributing the remaining money and property to the beneficiaries. The court oversees this process to protect the interests of all parties involved.

Incorrect. A medical power of attorney—also known as a healthcare proxy or durable power of attorney for healthcare—is a legal document that allows a person to appoint an agent to make medical decisions on their behalf if they become unable to do so themselves. The appointed agent, often a trusted family member or close friend, is authorized to consent to or refuse medical treatments or surgeries and make other healthcare decisions according to the patient’s wishes.

Incorrect. If a person dies without a valid will, they are said to have died intestate. In this situation, state intestacy laws determine how the money and property held in the decedent’s sole name, with no designated beneficiary, will be distributed. These laws vary by state but generally prioritize the surviving spouse, children, parents, and other close relatives in a specific order. The state does not automatically seize the money and property.

Incorrect. When a life insurance policy has a designated beneficiary, the death benefit is paid directly to that person, bypassing the court-supervised probate process.

Incorrect. An advance healthcare directive is a document recognized by most states that provides instructions for a person’s medical care if they become terminally ill or incapacitated and are unable to communicate their wishes. It specifies their preferences regarding life-sustaining treatments such as artificial hydration and feeding, mechanical ventilation, and resuscitation.

Incorrect. Common estate planning goals include ensuring that your assets are managed and distributed according to your wishes, avoiding probate, and minimizing estate and gift taxes.

Incorrect. All of these options can be accomplished with a revocable living trust. A revocable living trust is used as the foundation of most estate plans because it offers several key benefits. It allows the avoidance of probate and ensures that assets are transferred to beneficiaries more smoothly and privately. It also provides guidelines and restrictions that can protect a beneficiary’s inheritance—for example, providing for distributions in stages over time instead of as a single lump sum.

Incorrect. Leaving money or property outright to a loved one means giving them full and immediate control. While this is the simplest method of distributing an inheritance, it is not always the best. Before you do so, consider the beneficiary’s specific situation, such as their age, financial maturity, any special needs, and whether they have any creditor issues or concerns.