Frequently Asked Questions
Estate planning can feel complicated. These answers explain the firm’s services and process in plain English so you know what to expect before scheduling a consultation.
What is estate planning?
Estate planning is the process of recording who may act for you during incapacity, how health-care decisions should be made, and how property should be handled during your lifetime and after death. A plan may include a will, trust, financial power of attorney, advance health care directive, and other documents suited to your circumstances.
Is estate planning only for wealthy families?
No. Estate planning is not only for wealthy families. Homeowners have a particular reason to plan because a will alone does not avoid probate. For many Hawai‘i homeowners who want their home to pass without probate, a properly created and funded revocable living trust is the standard planning tool. The result depends on how the home is titled and each family’s circumstances, so the plan must be prepared and funded correctly.
What is the difference between a will and a revocable living trust?
A will gives instructions for property governed by the will after death and can name a personal representative. A revocable living trust can hold property during life and provide instructions for management and distribution. A will does not by itself avoid probate; a trust may help avoid probate for property that is properly placed in it.
Does creating a trust automatically avoid probate?
No. Creating a trust alone does not automatically place property in the trust. Whether probate can be avoided depends on how property is owned, beneficiary designations, the type of property involved, and other circumstances. Estate Planning America explains the legal plan, but it does not provide asset-coordination services.
How is a financial power of attorney different from an advance health care directive?
A financial power of attorney authorizes an agent to handle specified property or financial matters. An advance health care directive records health-care instructions and allows you to name an agent for health-care decisions. Each document serves a different purpose.
Who may work on my estate-planning matter?
Steven C. Chang is an estate-planning attorney with the firm. When a matter would benefit from another legal perspective or additional support, Estate Planning America may collaborate with other attorneys. Clients are told who will be involved and what work is included.
Does the firm coordinate my financial accounts or other assets?
No. Estate Planning America does not provide asset-coordination services. The firm may provide general funding information when included in an estate-planning package, but clients should contact the appropriate financial institutions or advisers about non-legal account and asset matters.
Does the firm provide tax, investment, or financial-planning advice?
No. Estate Planning America provides legal estate-planning guidance. Clients should consult their accountant, tax professional, financial adviser, plan administrator, or other qualified professional for tax, investment, or financial-planning advice.
Where does the firm meet with clients?
Clients may meet at the Honolulu office. In-home consultations may also be available when appropriate. Contact the office to discuss your circumstances and scheduling.
What is included in a free initial consultation?
The initial consultation is an opportunity to discuss your concerns and goals, learn about the legal-planning options that may apply, and understand the next step if you decide to move forward. The consultation does not by itself create an attorney-client relationship.
Does the firm review estate-planning documents prepared elsewhere?
No. Estate Planning America does not offer stand-alone review of estate-planning documents prepared elsewhere. The firm prepares documents included in its agreed scope of representation.
What happens after my documents are prepared?
You receive the completed documents with instructions for the next steps. If signing assistance is requested and included in the engagement, a signing appointment may be scheduled. General funding information may be provided when included, but the firm does not provide asset-coordination services.
How often should I review my estate plan?
Review your plan after major changes such as marriage, divorce, a birth or death in the family, a significant change in property, a move, or a change in the people you named. Periodic review is also wise even when no major event has occurred.
What should I bring to an initial consultation?
Bring any existing estate-planning documents and a general list of important property, accounts, insurance, and the people you may want to name as decision-makers or beneficiaries. If you are unsure what to gather, the firm can tell you what will be most helpful.
Does contacting the firm create an attorney-client relationship?
No. Sending a message or scheduling a consultation does not by itself create an attorney-client relationship. Representation begins only after the firm confirms the engagement and the required agreement is completed.
How do I get started?
Schedule a free initial consultation. The firm will listen to your concerns, explain the available planning options, and identify the next step if you decide to move forward.
Have a question about your family’s plan?
Talk with Estate Planning America about your goals and the services that may fit your needs.