Comprehensive Guide to Pour-Over Wills in Erwin
Pour-over wills are an important component of many estate plans, serving to transfer any assets not already placed into a trust at the time of a person’s death. For residents of Erwin, Tennessee, a pour-over will provides a safety net that directs remaining property into a named trust so that distribution follows the trust’s terms. When you plan ahead, this document can limit confusion after death and help ensure your wishes are followed. Working with a local law firm familiar with Tennessee probate law helps streamline the process and reduces the likelihood of unintended outcomes.
A pour-over will works alongside a living trust; it does not replace a trust but captures assets inadvertently excluded from the trust. In practice, the will names the trust as beneficiary of any leftover property, and the probate process transfers those assets into the trust for distribution according to its terms. For many families, this approach preserves privacy and consistency in how property is handled. It is especially useful when property is acquired after a trust was created or when simple oversights leave assets outside trust ownership, providing a practical way to consolidate estate administration.
Why Pour-Over Wills Matter for Erwin Residents
Pour-over wills matter because they help ensure that assets not titled in a trust at the time of death are still distributed according to your estate plan. This reduces the chance that personal property or recently acquired assets will be distributed under default intestacy rules, which might not reflect your intentions. For families in Erwin, having a pour-over will complements other planning documents and can simplify long-term administration by funneling assets into one coherent plan. It supports continuity in estate administration and preserves the goals set out in your trust document.
About Jay Johnson Law Firm and Our Approach in Tennessee
Jay Johnson Law Firm provides practical estate planning and probate guidance for individuals and families across Tennessee, including Erwin. Our approach emphasizes clear communication, thoughtful planning, and responsiveness to client concerns about property distribution and probate administration. We assist clients in creating pour-over wills that coordinate with trusts and other estate planning documents, and we explain how Tennessee law affects the movement of assets at death. Clients count on straightforward advice and hands-on support to reduce confusion and help their loved ones follow clear instructions after a death.
Understanding Pour-Over Wills and How They Work
A pour-over will is a testamentary document that directs any probate assets to be transferred into a previously established trust at the time of death. It acts as a catch-all for property that was inadvertently left out of the trust or obtained after trust funding. While the will itself typically goes through probate, its purpose is to place those assets into the trust so that the distribution follows the trust’s terms. For Tennessee residents, combining a trust with a pour-over will provides a comprehensive structure for asset management and post-death distribution.
Using a pour-over will together with a living trust can improve consistency in how assets are handled, but it does not eliminate probate in every case. Assets already in the trust avoid probate, and those covered by beneficiary designations pass outside probate. Any other property identified by the pour-over will will generally need probate to be moved into the trust. That probate step allows the trustee to administer the transferred property according to the trust document, which often provides more privacy and detailed distribution instructions than a simple will.
Definition and Purpose of a Pour-Over Will
A pour-over will is a legal declaration that directs remaining personal property or real property not already titled to a trust into that trust after death. Its primary purpose is to ‘catch’ any assets that were not properly transferred into the trust during life, thereby consolidating estate distribution under the trust terms. This document often names an executor and specifies the identification of the trust that will receive the assets. The pour-over will provides an additional layer of protection to align legacy planning with your broader intentions, while recognizing that asset ownership can change over time.
Key Elements and Typical Processes for Implementation
A typical pour-over will includes identification of the testator, appointment of an executor, a statement that remaining assets should be paid or transferred to a named trust, and signature and witness formalities required by Tennessee law. After death, the executor initiates probate for any assets subject to the will, and those assets are then transferred into the trust for distribution. Funding the trust during life and keeping asset titles up to date reduces reliance on the pour-over will, but the will remains a critical backstop to capture assets that slip through the cracks.
Key Terms and Glossary for Pour-Over Wills
Familiarizing yourself with common terms helps in planning and communicating your wishes. Definitions such as trust, trustee, testator, probate, beneficiary, and funding describe roles and actions that determine how assets move at death. Understanding these terms will clarify how a pour-over will interacts with other estate documents and what steps are necessary to implement your plan. Clear definitions also assist family members and appointed fiduciaries in carrying out your instructions according to Tennessee law and the specific provisions of your trust and will.
Trust
A trust is a legal arrangement in which one person or entity holds legal title to property for the benefit of another person or group. Trusts can be revocable or irrevocable and set out instructions for managing and distributing assets. In the context of a pour-over will, a living trust is often used to hold assets during a person’s lifetime and to govern distribution after death. Establishing and maintaining a trust requires properly titling assets in the trust’s name and naming a trustee to carry out the trust terms when appropriate.
Probate
Probate is the court-supervised process that validates a will, appoints an executor or administrator, and authorizes the transfer of assets subject to the will. During probate, debts and taxes are paid before remaining assets are distributed to beneficiaries or transferred into a trust pursuant to a pour-over will. Probate requirements and timelines vary by state. In Tennessee, the probate process provides legal authority for executors to manage estate matters, and a pour-over will typically requires probate for any assets not already titled to a trust or otherwise transferred outside the estate.
Executor
An executor is the person named in a will to administer the estate, handle the probate process, pay debts, and distribute assets as the will directs. In cases involving a pour-over will, the executor’s role includes initiating probate and transferring assets into the named trust. Selecting a reliable executor is important because this person must follow the will’s terms and Tennessee law while coordinating with the trustee if assets are moved into a trust. Executors often need to gather documentation, notify interested parties, and work with attorneys to resolve the estate efficiently.
Funding the Trust
Funding the trust means transferring ownership of assets into the name of the trust while the grantor is alive, which can include retitling real estate, changing account ownership, or assigning beneficiary designations. Proper funding reduces the number of assets subject to probate and the need to rely on a pour-over will. However, life events can result in assets being acquired or titles not updated, so a pour-over will remains valuable to capture those items. Regular reviews and updates can help keep the trust funded and aligned with changing circumstances.
Comparing Estate Planning Options in Erwin
When considering estate planning, compare options such as wills, pour-over wills with trusts, beneficiary designations, and joint ownership. A simple will addresses distribution of assets but may not avoid probate. A pour-over will combined with a living trust often provides a more unified plan, while beneficiary designations on accounts pass assets directly without probate. Joint ownership can transfer property by operation of law, but it comes with its own risks. Evaluating the benefits and trade-offs of each approach helps align your plan with family goals, privacy preferences, and the desire to minimize administrative burdens after death.
When a Simple Will May Be Sufficient:
Smaller Estates and Straightforward Asset Ownership
A straightforward will might be sufficient for estates with modest assets and uncomplicated family relationships where the costs and ongoing administration of a trust are not justified. If most assets will transfer via beneficiary designations or joint ownership and few probate assets remain, a simple will can provide needed final instructions and name guardians for minor children. Even in such cases, having a pour-over will as part of the plan can serve as a safety net to capture any residual assets, while keeping overall planning manageable and accessible.
Minimal Need for Detailed Ongoing Administration
When there is little need for postmortem management, ongoing distributions, or special provisions for beneficiaries with unique needs, a limited planning approach can meet your goals. If family relationships are harmonious and assets can be roughly divided using traditional probate processes, simpler documents may suffice. It remains important to ensure beneficiary designations are current and to consult with a firm familiar with Tennessee probate to confirm that a simpler approach is aligned with your priorities and will not create unintended burdens for your heirs.
Why a Broader Plan Can Be Beneficial:
Complex Assets and Family Situations
A more comprehensive plan that includes a trust, pour-over will, durable powers of attorney, and health care directives is often preferred when assets are complex, beneficiaries have special needs, or there are blended family dynamics. This approach permits detailed instructions for asset management, staged distributions, and protections for beneficiaries who may not be ready to manage large inheritances. For Tennesseans with real estate in multiple names, business interests, or other unique holdings, comprehensive planning provides flexibility and a coordinated set of tools to address those realities.
Desire for Privacy and Streamlined Administration
Trusts paired with pour-over wills often reduce the public nature of probate administration because trusts can distribute assets privately. Selecting a comprehensive plan can lessen administrative delays and clarify steps for trustees and fiduciaries, making estate settlement smoother for surviving family members. In Tennessee, minimizing probate exposure and providing clear trust instructions can help avoid disputes and simplify transitions. Families who prioritize privacy and want a coordinated plan for health, financial, and legacy matters often choose a more comprehensive planning approach.
Key Benefits of a Comprehensive Pour-Over Will and Trust Plan
A comprehensive estate plan that includes a pour-over will and trust can offer clearer instructions for managing assets after death, reduce the number of assets going through probate, and provide detailed distribution mechanisms to reflect your long-term intentions. When a trust is properly funded and a pour-over will serves as a backup, beneficiaries benefit from consistent guidance and fewer surprises. For families in Erwin, this approach helps ensure property moves according to your wishes and that administration responsibilities are more predictable for those you leave behind.
Other important benefits include greater flexibility to address changing family circumstances, the ability to plan for incapacity through durable power instruments, and the potential for smoother coordination between trustees and executors. While no plan can eliminate all legal processes, a thoughtfully prepared trust with a pour-over will can reduce administrative burdens, preserve privacy, and help prevent assets from being distributed contrary to your goals. Periodic reviews keep the plan aligned with life events and Tennessee law changes.
Consistency in Asset Distribution
One clear advantage of combining a trust and pour-over will is consistency: assets ultimately follow the rules and schedules laid out in the trust. This consistency helps avoid conflicting directions or piecemeal distributions that might occur if various assets pass under different processes. When beneficiaries and fiduciaries have a single reference point for distribution, it reduces confusion and provides a clearer path to carrying out your intentions, which is especially helpful for families managing multiple types of property or long-term legacy goals.
Reduced Risk of Unintended Distribution
A pour-over will functions as an important safety net to catch assets that might otherwise be distributed under default rules or to unintended heirs. By directing residual property into a trust, you lower the risk that an oversight in titling or a new acquisition will result in outcomes inconsistent with your overall plan. This protection helps maintain the intent behind your estate choices and provides a practical means to reconcile your wishes with real-world changes in asset ownership over time.
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Practical Tips for Pour-Over Wills
Keep your trust funded and review asset titles
One of the most effective ways to reduce reliance on a pour-over will is to consistently fund your trust and update asset titles when circumstances change. Periodic reviews of bank accounts, vehicle registration, deeds, and beneficiary designations help ensure assets intended for the trust are properly titled. Doing this reduces the number of items that must be probated and transferred after death. Regular reviews also provide opportunities to confirm beneficiaries, adjust provisions, and address life events such as marriage, divorce, or the birth of children.
Coordinate beneficiary designations with your overall plan
Communicate your plan with trusted fiduciaries
Talk with your chosen trustees and executors about your overall estate plan so they understand the intended steps and the location of important documents. Clear communication supports efficient administration and reduces the chance of disputes or delays after death. Provide updated copies of key documents, instructions on where to find account information, and contact details for professionals assisting in your plan. Open dialogue with fiduciaries helps ensure they are prepared to carry out responsibilities and can keep things moving smoothly when the time comes.
Reasons to Consider a Pour-Over Will in Your Estate Plan
Consider a pour-over will if you already have a trust or plan to create one, because it serves as a practical backstop to capture any assets left outside the trust. Life changes, new acquisitions, or simple oversights can result in property remaining in your individual name rather than the trust. A pour-over will directs those assets into the trust so that distribution follows your pre-established wishes. For many people, it provides peace of mind knowing that the trust’s instructions apply broadly, even when asset titles are imperfect.
Another reason to include a pour-over will is to provide a coordinated structure for estate administration that beneficiaries can follow. The combination of a trust, pour-over will, and related powers of attorney helps ensure continuity in how financial and health decisions are handled if you become incapacitated and how assets are handled after death. For residents of Erwin, employing these tools together enables a clearer transition and can minimize conflict among loved ones during an already difficult time.
Common Situations Where a Pour-Over Will Is Useful
Pour-over wills are particularly useful when clients have multiple asset types, when titles may not be updated after acquisitions, or when assets are forgotten during estate planning. They are also beneficial in blended families, situations involving disabled beneficiaries who need protections, and when real property or accounts are added after a trust is created. In short, a pour-over will helps tie together disparate pieces of an estate plan so that the trust document governs distribution according to the decedent’s intent.
Recent Acquisitions or Untitled Property
When property is acquired late in life or after a trust is created and is not promptly retitled, a pour-over will ensures those newly acquired assets are still directed into the trust. This avoids the need to redo planning documents each time you acquire something and helps maintain a consistent distribution plan. The pour-over will thereby acts as an effective remedy for timing mismatches between asset acquisition and trust funding.
Oversights During Trust Funding
Even with the best intentions, some assets may be overlooked during the trust funding process. A pour-over will addresses these oversights by naming the trust to receive residual assets, ensuring that unintended gaps do not derail your overall plan. Using a pour-over will together with periodic reviews helps reduce the frequency and impact of such oversights and keeps your estate plan aligned with your intended legacy.
Blended Families and Changing Relationships
Blended families, remarriages, and evolving family dynamics make planning more complex because multiple relationships may affect distribution decisions. A pour-over will, coordinated with a trust, allows for structured distributions and specific instructions to provide for different family members according to your wishes. This approach helps avoid unintended beneficiaries receiving assets under default intestacy rules and provides more control over long-term legacy planning.
Local Legal Assistance for Pour-Over Wills in Erwin
Jay Johnson Law Firm serves Tennessee clients who need practical estate planning guidance in Erwin and the surrounding areas. Our team helps clients draft pour-over wills that align with their trust documents and broader legacy goals. We explain Tennessee probate implications, assist with drafting and signing formalities, and provide ongoing reviews to keep plans current. Whether you are creating a trust for the first time or updating an existing plan, our approach focuses on clarity and supporting families through each step of the process.
Why Work with Jay Johnson Law Firm for Pour-Over Wills
Clients choose Jay Johnson Law Firm because we offer practical, locally informed guidance on Tennessee estate planning matters, including pour-over wills and trust coordination. We work to understand your family circumstances and financial holdings so that documents reflect real needs and goals. Our goal is to create documents that are clear, legally sound, and easy for fiduciaries to follow, which reduces stress for loved ones at a difficult time and helps ensure your intended distributions are carried out.
We place a strong emphasis on clear communication and on reviewing documents periodically to reflect life changes. We also help clients understand the probate implications of relying on a pour-over will versus funding a trust, and we assist with administrative steps that keep plans aligned with asset ownership. For Tennesseans in Erwin, having locally informed legal guidance can aid in navigating state-specific nuances and streamline the estate planning process.
Our firm provides hands-on assistance with drafting, signing, and storing estate planning documents, and we support families through the follow-up steps needed to keep plans effective. We also work with other professionals when matters include real estate, business interests, or tax considerations, coordinating actions that protect and preserve your intentions. This collaborative, practical approach helps ensure your pour-over will and trust function together as intended.
Contact Jay Johnson Law Firm to Discuss Your Pour-Over Will
How We Handle Pour-Over Wills and Trust Coordination
Our process begins with a focused consultation to review your assets, family situation, and long-term goals. We then recommend a structure—often a living trust with a pour-over will—that aligns with those objectives, draft the required documents, and guide you through signing and notarization to meet Tennessee formalities. After documents are in place, we discuss funding steps and provide checklists for title changes and beneficiary updates. Regular reviews help maintain the plan as life events occur.
Step One: Initial Consultation and Asset Review
During the initial meeting we inventory assets, beneficiary designations, and existing documents. This review identifies which assets are already in the trust and which may need retitling. We also discuss family dynamics, potential guardianship needs for minors, and goals for distribution. The objective is to design a plan that reduces probate exposure while reflecting your wishes and minimizing administrative burdens for successors.
Gathering Documents and Ownership Details
We help clients compile deeds, account statements, insurance policies, and beneficiary forms to determine what is properly titled and where gaps exist. Accurate documentation enables us to recommend targeted title changes and beneficiary updates. This step minimizes surprises and creates a clear roadmap for funding the trust and preparing a pour-over will to capture remaining assets.
Discussing Goals and Family Considerations
We talk through long-term goals, including how distributions should be handled, whether staged distributions are preferred, and any concerns about beneficiaries who may need oversight or protection. These conversations form the basis for drafting trust provisions and pour-over will language that align with your intentions and Tennessee legal requirements.
Step Two: Drafting and Execution
Once we gather the necessary information and confirm objectives, we draft the trust and pour-over will with attention to clear, enforceable provisions. We ensure the will names the trust correctly and that execution follows Tennessee witnessing and notarization rules. We also prepare ancillary documents such as durable powers of attorney and health care directives to complete the planning framework and support incapacity planning if needed.
Preparing the Pour-Over Will and Trust Documents
The written documents specify the identity of the trust, name fiduciaries, and set out distribution instructions and any conditions or staging of distributions. Clear drafting helps minimize disputes and ensures fiduciaries understand their roles. We tailor language to your priorities while remaining mindful of Tennessee probate procedures and the practicalities of administration.
Execution and Notarization to Meet Legal Formalities
We guide clients through proper signing and witnessing to ensure the documents are legally valid under Tennessee law. We also provide instructions for storing originals and creating accessible copies for trustees, executors, and family members. Proper execution reduces the likelihood of challenges and speeds up administration when documents need to be used.
Step Three: Trust Funding and Ongoing Maintenance
After documents are executed, we assist clients with practical steps to fund the trust such as retitling accounts, transferring deeds, and updating beneficiary designations where appropriate. We provide checklists and follow-up support to help minimize reliance on the pour-over will. Periodic reviews and updates help ensure the plan remains effective as assets change, new family events occur, or the law evolves.
Retitling and Beneficiary Updates
We provide guidance on retitling real estate, bank accounts, and investment accounts into the trust’s name when appropriate, and we coach clients on beneficiary designation changes. These steps ensure that as much property as possible avoids probate and that the trust governs distribution according to your plan, reducing administrative steps for fiduciaries after death.
Annual Reviews and Life Event Updates
We recommend periodic reviews to account for births, deaths, marriages, divorces, and changes in asset ownership. These reviews help ensure the pour-over will and trust remain coordinated and that any new property is properly addressed. Ongoing attention keeps the estate plan up to date and aligned with evolving family needs and priorities.
Frequently Asked Questions About Pour-Over Wills
What is a pour-over will and why do I need one?
A pour-over will is a type of will designed to transfer any assets not already placed into a named trust at the time of death into that trust. It serves as a backup that ensures residual property becomes subject to the trust’s distribution rules rather than being distributed under default intestacy laws. The document typically appoints an executor and identifies the trust to receive those assets, providing a consistent framework for asset distribution even when items were accidentally left outside the trust. This helps align final distributions with your overall estate plan.Having a pour-over will is particularly helpful for individuals who use trusts as their primary estate planning vehicle but recognize that asset ownership can change over time. It prevents unintended outcomes if newly acquired property or accounts remain in your individual name. While it may require probate for the residual assets, the pour-over will ensures those assets are ultimately administered according to the trust’s instructions, promoting consistency and clarity for your beneficiaries and fiduciaries.
Will a pour-over will avoid probate?
A pour-over will, by itself, does not usually avoid probate for the assets it covers because the will must be probated to move those assets into the trust. Assets that are properly titled in the trust or pass via beneficiary designations generally avoid probate. Therefore, a pour-over will functions as a safety net to catch remaining assets, but its operation commonly requires some probate administration so the executor can transfer property into the trust and allow the trustee to distribute according to the trust terms.To limit the need for probate, it is important to fund the trust during life and maintain up-to-date titles and beneficiary designations. Regular reviews and proactive retitling reduce the number of assets handled through the pour-over will, and can streamline administration for survivors. Working with a local law firm familiar with Tennessee processes helps with practical steps to minimize probate exposure when appropriate.
How does a pour-over will work with a living trust?
A pour-over will works in tandem with a living trust by directing any probate assets into the trust so that distribution follows the trust’s provisions. The trust controls assets already held in its name and sets out detailed distribution instructions; the pour-over will ensures that any remaining probate property is funneled into the trust after probate is completed. This combination creates a cohesive plan where the trust is the central document guiding distributions and the will acts as a backup to capture stray assets.Coordination requires careful drafting so the pour-over will correctly identifies the trust and the executor knows how to transfer assets into the trust. While the pour-over will requires probate to effect those transfers, it helps unify administration under the trust’s terms once the probate process is complete. Regularly updating trust funding reduces reliance on the pour-over will and keeps administration efficient for Tennessee families.
Can a pour-over will be contested?
Yes, a pour-over will can be contested, as can any will, but contests typically focus on issues such as capacity, undue influence, or procedural defects in execution. Contests may arise when potential heirs believe the will does not reflect the decedent’s true intentions or if there are ambiguities in the document. Ensuring the will is properly executed under Tennessee law, with clear language and documented signature formalities, reduces the risk of successful challenges and helps uphold the testator’s intentions.To further reduce contest risk, maintain good records, consider involving neutral witnesses when appropriate, and keep beneficiaries informed of your plan where feasible. Clear communication and careful drafting make it less likely that disputes will succeed, and working with a local attorney during drafting and signing can help ensure the required legal formalities are met and the will is defensible if challenged.
How often should I review my pour-over will and trust?
Reviewing your pour-over will and trust periodically is important, especially after major life events such as marriage, divorce, births, deaths, inheritance, or significant changes in assets. Regular reviews ensure the documents still align with your intentions and that any new property is properly addressed so it is either placed into the trust or intentionally excluded. In Tennessee, keeping beneficiary designations and titles up to date reduces the likelihood of unintended assets passing outside your chosen plan.An annual or biennial review is a reasonable practice for many families, with additional reviews after major changes. These reviews provide an opportunity to retitle assets, update beneficiary forms, and make adjustments to the trust or pour-over will so the plan continues to function smoothly for your heirs and fiduciaries.
What happens to property acquired after establishing a trust?
Property acquired after establishing a trust will not automatically be part of the trust unless it is retitled or otherwise designated to the trust. New acquisitions may remain in your individual name and therefore be subject to probate unless you take steps to transfer them into the trust. A pour-over will provides a mechanism to direct such property into the trust at death, but it generally requires probate to do so. Regularly funding the trust after acquiring new property helps avoid probate and aligns ownership with your estate plan.To address new property, review titles, update deeds for real estate, change account ownership or beneficiary designations where appropriate, and consult with a legal advisor on the best method to integrate the asset with your existing trust. These proactive steps reduce the dependence on a pour-over will and provide a clearer plan for your beneficiaries.
Who should I name as executor and trustee?
Choosing an executor and trustee are important decisions and should be based on trustworthiness, organizational ability, and the willingness to serve. The executor handles probate and transfers assets per the will, while the trustee manages trust assets and carries out the trust’s provisions. In some cases the same person can serve both roles, but selecting separate individuals can provide checks and balances. Consider family members, trusted friends, or a professional fiduciary able to act impartially and manage administrative tasks.When deciding, also name successor fiduciaries in case the primary appointee is unwilling or unable to serve. Clear communication with chosen fiduciaries about expectations and the location of important documents helps ensure they are prepared to act when needed. Providing guidance and documentation in advance reduces stress and helps the administration process proceed more smoothly for those left to manage the estate.
Does a pour-over will protect privacy?
A trust generally provides greater privacy than a will because trust administration often occurs outside the public probate process, whereas probate documents and proceedings are part of the public record in Tennessee. A pour-over will usually requires probate to transfer residual assets into the trust, which can create a public record for those specific assets. However, because the trust can distribute the majority of assets privately, using a trust together with careful funding strategies can limit how much of your estate becomes public.To maximize privacy, focus on funding the trust and using beneficiary designations and other nonprobate transfer methods where appropriate. While the pour-over will is a helpful safety net, minimizing the assets that pass through probate reduces exposure of personal details and beneficiaries’ inheritances to public filings.
Do pour-over wills cost more to prepare?
Costs for preparing a pour-over will are typically part of a broader estate planning package that may include a living trust, powers of attorney, and health care directives. The total cost depends on the complexity of the estate, the number of documents needed, and whether additional tasks like retitling property are required. While trusts and coordinated documents may require a larger initial investment than a simple will, they can save time and expense for beneficiaries by streamlining administration and reducing probate for many assets.It is helpful to consider the long-term value of coordinated planning rather than focusing solely on upfront expense. A well-organized plan, including a pour-over will and trust, can reduce administrative burdens and potential disputes, which often leads to savings and less stress for those who handle your affairs later on.
How do I get started with a pour-over will in Erwin?
To begin creating a pour-over will in Erwin, contact a local estate planning attorney to schedule a consultation. Prepare a list of assets, account statements, deeds, existing estate documents, and any beneficiary designations. In the initial meeting, you can discuss goals for distribution, identify beneficiaries and fiduciaries, and plan the trust structure that best fits your needs. Clear preparation helps make the drafting process more efficient and ensures that the pour-over will aligns with your trust and other documents.After drafting, you will execute the documents according to Tennessee formalities and receive guidance on funding the trust and updating titles. Regular reviews and updates ensure the plan remains current. If you wish to discuss next steps, Jay Johnson Law Firm is available to explain the process, answer questions about Tennessee probate, and assist with practical steps to implement your estate plan.