Frequently Asked Questions Videos

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An agent under a durable power of attorney can change a trust document if that is one of the authorities you’ve granted them. Under Florida law that must be specifically stated in the power of attorney. In other states other requirements may be necessary before they’re allowed to exercise that authority.

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You can and should pre-plan and pre-pay for your burial, funeral, or cremation expenses. This allows you to maintain control over your memorial. It also minimizes the cost to the extent possible of the costs of your cremation, burial, or memorial.

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It is possible to appoint coagents under a durable power of attorney or a healthcare advanced directive. However, if you appoint coagents, your state may require that they both agree on a decision. If they don’t agree, that can lead to conflict which costs additional attorney’s fees. We generally recommend that you appoint an agent followed by an alternative agent in the event your first agent cannot act.

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A handwritten will is also referred to as a holographic will. Many states allow a holographic will even without witnesses. A holographic will could be used regardless of the amount of property you have, depending on the circumstances. However, many states, even if your will is handwritten, is going to be required to be signed and executed with witnesses and a formality necessary under their law.