FAQ
Frequently Asked Questions
Find answers to common questions about estate planning, our process, and the documents we provide.
FAQ
Frequently Asked Questions
Find answers to common questions about estate planning, our process, and the documents we provide.
FAQ
Frequently Asked Questions
Find answers to common questions about estate planning, our process, and the documents we provide.
Topics
General Estate Planning Questions
Why do I need a Will?
You aren’t required to have a Will under Washington State law, but it sure makes things a lot easier if you do. There are a series of state laws that direct what happens if you do not have a Will, based on what the legislature believed most people would want. The statutes may work for your estate but it takes more time and money to deal with your estate than it would if you have a Will. A Will is basically a roadmap that tells the world exactly what you want and how we get there.
Does a Will avoid probate?
No. This is a common misconception but a Will simplifies probate, it does not mean you avoid probate.
What is a living trust?
A living trust is a document created to avoid probate. When created, you need to transfer all of your property into the living trust and then you are the “trustee” of the living trust until you become incapacitated or die. At that point, the person you appoint as the successor trustee would take over and, if everything is done correctly, there would be no probate or court involvement, but the same process would take place to wrap up the business of your life and distribute your estate to the intended beneficiaries. A living trust is a more complicated planning tool and should be done with an attorney.
Who should I appoint as executor?
You should appoint a trustworthy family member or friend as your executor. You can always change the executor later, but it’s important that you are comfortable with the executor when you sign your Will.
I just want to change part of my Will - can I do that with Orbit Wills?
No. Orbit Wills only makes new Wills, which revoke any old Will that you have. If you want to make a change to an existing Will, you should contact an attorney to review your current Will and make the change (a codicil).
I’ve been diagnosed with dementia or Alzheimer’s. Can I still sign a Will?
It depends. If you've been diagnosed with dementia or Alzheimer's but still have lucid days, it might be possible to sign a Will. However, due to the complications with enforcement of a Will signed by a person with such a diagnosis, it would be best for you to work with an attorney to protect your document as much as possible.
Can I use Orbit Wills to create a trust for my minor children when I die?
Trusts for minors are great tools but should be discussed in detail with an attorney. At Orbit Wills, we direct money for minors to go to an account created under the Uniform Transfers to Minors Act, which permits you to appoint a custodian for the money who will manage the account for the minor child until that child reaches a certain age (18, 21, or 25). In a straightforward estate, that should be all that is required. If you do want a trust for your children, you will need to work with an attorney.
Can I use Orbit Wills if I have a beneficiary who is disabled and receiving state benefits?
If a beneficiary is disabled and receiving needs-based benefits from the state (i.e., SSI or Medicaid), an inheritance may disqualify them for ongoing benefits. There are ways to protect that person's benefits and allow them to inherit from your estate but it has to be done with very specialized trust language which is not included in a simple Will. If you need such a trust for a beneficiary, you will need to work with an attorney.
My spouse and I signed a prenuptial agreement before we were married - can I still use Orbit Wills?
Prenuptial agreements are very specialized documents because they typically alter your rights under state law with respect to your rights after a spouse dies. A prenuptial agreement should be considered by an attorney in the preparation of your Wills. We would recommend you talk to an attorney to incorporate the prenuptial agreement into your Will.
Can I use Orbit Wills if I have a blended family and want to make sure my money goes to my kids after my spouse (their step-parent) dies?
Blended families can create several issues in this context and it would be best to discuss your particular situation with a lawyer.
Can I disinherit a child in my Will?
Yes, but it must be specifically done. In your Will, you will acknowledge the child and then provide nothing for that child. Make sure to clarify this in the Orbit Wills questionnaire.
How often should I revisit my Will?
Generally, you should look at it every 3-5 years to make sure it still reflects your wishes. We also recommend you revisit upon “major life events” like a death, birth, move, purchase/start of a new business, etc.
I was divorced and have to pay something to my ex when I die - how does that work with my Will?
Regardless of what your Will says, your estate will have to honor the divorce decree when you die.
What is an executor?
The executor is the person who executes your Will when you die; they take care of business. An executor is responsible for going to court to be appointed as executor, determining where all of your property is located, selling or liquidating your property, paying your bills and outstanding debts, mediating disputes among your beneficiaries, distributing your property to the appropriate beneficiaries, filing your taxes, and closing the probate when everything is done.
What is probate?
In its simplest terms, probate is the court process to get assets out of a dead person's name. A person is appointed by the court as an executor to be the “point-person” and that is the person that everyone will work with to sell property, close bank accounts, report taxes, make distributions to the beneficiaries, etc. Probates usually take at least four months but can take longer, depending on the estate and the people involved.
What is the estate tax?
The estate tax is a tax imposed on estates over a certain exempt amount. In Washington, that exemption is $2,193,000, meaning $2,193,000 may be transferred to beneficiaries without a tax. Everything above that amount is taxed. The Federal government also has an estate tax with an exemption amount of $11,200,000. These are high numbers but your “gross estate” includes everything … retirement accounts, life insurance, equity in your house, your clothes, etc.
How old do I have to be to sign a Will?
You have to be 18 years old to sign a Will in Washington State.
Can I talk to a lawyer at Orbit Wills about my Will?
Orbit Wills is not a law firm. If you would like to purchase time with the affiliate attorney who reviewed and finalized your documents, Orbit Wills can connect you directly with their firm to discuss your estate plan, which may or may not result in a fee.
What do I do with my Will and other documents after they are signed?
You should keep your estate planning documents in a safe place, like a fireproof safe or lockbox in your house. We don’t recommend putting the documents in a safe deposit box because it can be difficult to access those boxes when you need the documents the most.
I have some estate planning documents done from years ago - are they still effective?
You should talk to an attorney about the effectiveness of your old estate planning documents and whether they will still work for you in your situation. By using Orbit Wills, you would likely be revoking all of those documents and replacing them with the new Orbit Wills documents.
Can I use Orbit Wills if I am not a Washington resident?
Currently, Orbit Wills only prepares documents for Washington State residents. Please keep an eye on our website for additional states in the future.
Can I complete the Orbit Wills questionnaire for another person?
You can assist someone else with the questionnaire but the person who will be signing the Will must certify that the information provided to Orbit Wills is correct and complete and reflects their desires.
Health Care Durable Power of Attorney
What is a health care durable power of attorney?
It’s the document where you name someone (your “attorney-in-fact”) to make medical decisions for you if a doctor determines you’re unable to make them yourself. That person can consent to or refuse treatment, hire and fire medical staff, access your records, and authorize admission to care facilities.
When does a health care power of attorney take effect?
Only after a doctor puts in writing that you’re unable to make your own medical decisions. Until that happens, you keep full control over your own health care.
What happens if I don’t have a health care power of attorney?
Your family would likely need to go through a guardianship—a court process to appoint someone to make decisions for you. Guardianships are expensive, time-consuming, and can limit your legal rights. A power of attorney helps you and your family avoid that.
Can my attorney-in-fact move me to another state for medical care?
Yes. Your attorney-in-fact can move you to a different state to receive medical care, and can also authorize admission to a medical, nursing, residential, or similar facility.
Is a health care power of attorney the same as a health care directive?
No. A health care power of attorney appoints a person to make medical decisions for you. A health care directive (living will) states your preferences about life-sustaining treatment. They cover different situations, and most people should have both.
Financial Durable Power of Attorney
What is a Financial Durable Power of Attorney?
It’s a document that appoints someone to make financial decisions for you if you become incapacitated. That covers everything from paying your mortgage and taxes to selling real estate if needed.
What can my financial attorney-in-fact actually do?
They can open or close bank accounts, pay your bills, file your tax returns, access your safe deposit box, make gifts consistent with ones you’ve made before, sell or buy a home for you, and work with your financial advisor or CPA.
When does the financial power of attorney kick in?
Only after a doctor puts in writing that you’re unable to manage your own financial affairs. You stay in full control until that determination is made.
What if I don’t have a financial power of attorney and become disabled?
Without one, your family would likely need to go through a guardianship—a court process to appoint someone to manage your finances. It’s expensive, slow, and can seriously limit your rights. A power of attorney avoids all of that.
Who should I choose as my financial attorney-in-fact?
Someone you trust completely with money. This person will have broad authority over your finances, so pick someone responsible and organized. You can always change your choice later by signing a new document.
Health Care Directive
What is a health care directive?
Also called a “living will,” it’s a document where you state whether you want life-sustaining treatment provided or withheld if you’re in a terminal condition, a permanent unconscious state, or have an advanced progressive illness with no prospect for improvement.
Why should I have a health care directive?
It takes a very difficult decision off your family’s shoulders. Instead of guessing what you’d want in an end-of-life situation, they’ll already know—because you told them in writing.
Is a health care directive the same as a health care power of attorney?
No. A health care directive states your treatment preferences for end-of-life situations. A health care power of attorney appoints a person to make day-to-day medical decisions if you're incapacitated. They work together, but they do different things.
Can I change my health care directive later?
Yes. You can revoke or update your health care directive at any time, as long as you’re mentally competent to do so. If your wishes change, just sign a new one.
Does a health care directive cover every medical situation?
No. It specifically applies to three situations: terminal conditions, permanent unconscious states, and advanced progressive illness with no chance of improvement. For other medical decisions, a health care power of attorney is what you need.
Disposition Authorization
What is a Disposition Authorization?
It’s a document that lets you state whether you want to be buried, cremated, or composted (organic reduction) after you die. Without one, your family has to make that call—and that can lead to disagreements.
What does it mean to be composted after you die?
In May 2019, Washington State became the first state to allow human composting (a.k.a. organic reduction) as an alternative to burial or cremation. If you're interested in this option, you can direct it in your Disposition Authorization.
Why does a disposition authorization matter if my family already knows what I want?
Because verbal wishes aren’t legally binding, and families don’t always agree. A signed document removes any ambiguity and prevents disputes during an already difficult time.
Can I name someone to carry out my disposition wishes?
Yes. In your Disposition Authorization, you can designate a specific person to be responsible for making sure your wishes are followed.
Can I change my disposition authorization later?
Yes. If you change your mind about burial, cremation, or composting, you can sign a new Disposition Authorization at any time.
Topics
General Estate Planning Questions
Why do I need a Will?
You aren’t required to have a Will under Washington State law, but it sure makes things a lot easier if you do. There are a series of state laws that direct what happens if you do not have a Will, based on what the legislature believed most people would want. The statutes may work for your estate but it takes more time and money to deal with your estate than it would if you have a Will. A Will is basically a roadmap that tells the world exactly what you want and how we get there.
Does a Will avoid probate?
No. This is a common misconception but a Will simplifies probate, it does not mean you avoid probate.
What is a living trust?
A living trust is a document created to avoid probate. When created, you need to transfer all of your property into the living trust and then you are the “trustee” of the living trust until you become incapacitated or die. At that point, the person you appoint as the successor trustee would take over and, if everything is done correctly, there would be no probate or court involvement, but the same process would take place to wrap up the business of your life and distribute your estate to the intended beneficiaries. A living trust is a more complicated planning tool and should be done with an attorney.
Who should I appoint as executor?
You should appoint a trustworthy family member or friend as your executor. You can always change the executor later, but it’s important that you are comfortable with the executor when you sign your Will.
I just want to change part of my Will - can I do that with Orbit Wills?
No. Orbit Wills only makes new Wills, which revoke any old Will that you have. If you want to make a change to an existing Will, you should contact an attorney to review your current Will and make the change (a codicil).
I’ve been diagnosed with dementia or Alzheimer’s. Can I still sign a Will?
It depends. If you've been diagnosed with dementia or Alzheimer's but still have lucid days, it might be possible to sign a Will. However, due to the complications with enforcement of a Will signed by a person with such a diagnosis, it would be best for you to work with an attorney to protect your document as much as possible.
Can I use Orbit Wills to create a trust for my minor children when I die?
Trusts for minors are great tools but should be discussed in detail with an attorney. At Orbit Wills, we direct money for minors to go to an account created under the Uniform Transfers to Minors Act, which permits you to appoint a custodian for the money who will manage the account for the minor child until that child reaches a certain age (18, 21, or 25). In a straightforward estate, that should be all that is required. If you do want a trust for your children, you will need to work with an attorney.
Can I use Orbit Wills if I have a beneficiary who is disabled and receiving state benefits?
If a beneficiary is disabled and receiving needs-based benefits from the state (i.e., SSI or Medicaid), an inheritance may disqualify them for ongoing benefits. There are ways to protect that person's benefits and allow them to inherit from your estate but it has to be done with very specialized trust language which is not included in a simple Will. If you need such a trust for a beneficiary, you will need to work with an attorney.
My spouse and I signed a prenuptial agreement before we were married - can I still use Orbit Wills?
Prenuptial agreements are very specialized documents because they typically alter your rights under state law with respect to your rights after a spouse dies. A prenuptial agreement should be considered by an attorney in the preparation of your Wills. We would recommend you talk to an attorney to incorporate the prenuptial agreement into your Will.
Can I use Orbit Wills if I have a blended family and want to make sure my money goes to my kids after my spouse (their step-parent) dies?
Blended families can create several issues in this context and it would be best to discuss your particular situation with a lawyer.
Can I disinherit a child in my Will?
Yes, but it must be specifically done. In your Will, you will acknowledge the child and then provide nothing for that child. Make sure to clarify this in the Orbit Wills questionnaire.
How often should I revisit my Will?
Generally, you should look at it every 3-5 years to make sure it still reflects your wishes. We also recommend you revisit upon “major life events” like a death, birth, move, purchase/start of a new business, etc.
I was divorced and have to pay something to my ex when I die - how does that work with my Will?
Regardless of what your Will says, your estate will have to honor the divorce decree when you die.
What is an executor?
The executor is the person who executes your Will when you die; they take care of business. An executor is responsible for going to court to be appointed as executor, determining where all of your property is located, selling or liquidating your property, paying your bills and outstanding debts, mediating disputes among your beneficiaries, distributing your property to the appropriate beneficiaries, filing your taxes, and closing the probate when everything is done.
What is probate?
In its simplest terms, probate is the court process to get assets out of a dead person's name. A person is appointed by the court as an executor to be the “point-person” and that is the person that everyone will work with to sell property, close bank accounts, report taxes, make distributions to the beneficiaries, etc. Probates usually take at least four months but can take longer, depending on the estate and the people involved.
What is the estate tax?
The estate tax is a tax imposed on estates over a certain exempt amount. In Washington, that exemption is $2,193,000, meaning $2,193,000 may be transferred to beneficiaries without a tax. Everything above that amount is taxed. The Federal government also has an estate tax with an exemption amount of $11,200,000. These are high numbers but your “gross estate” includes everything … retirement accounts, life insurance, equity in your house, your clothes, etc.
How old do I have to be to sign a Will?
You have to be 18 years old to sign a Will in Washington State.
Can I talk to a lawyer at Orbit Wills about my Will?
Orbit Wills is not a law firm. If you would like to purchase time with the affiliate attorney who reviewed and finalized your documents, Orbit Wills can connect you directly with their firm to discuss your estate plan, which may or may not result in a fee.
What do I do with my Will and other documents after they are signed?
You should keep your estate planning documents in a safe place, like a fireproof safe or lockbox in your house. We don’t recommend putting the documents in a safe deposit box because it can be difficult to access those boxes when you need the documents the most.
I have some estate planning documents done from years ago - are they still effective?
You should talk to an attorney about the effectiveness of your old estate planning documents and whether they will still work for you in your situation. By using Orbit Wills, you would likely be revoking all of those documents and replacing them with the new Orbit Wills documents.
Can I use Orbit Wills if I am not a Washington resident?
Currently, Orbit Wills only prepares documents for Washington State residents. Please keep an eye on our website for additional states in the future.
Can I complete the Orbit Wills questionnaire for another person?
You can assist someone else with the questionnaire but the person who will be signing the Will must certify that the information provided to Orbit Wills is correct and complete and reflects their desires.
Health Care Durable Power of Attorney
What is a health care durable power of attorney?
It’s the document where you name someone (your “attorney-in-fact”) to make medical decisions for you if a doctor determines you’re unable to make them yourself. That person can consent to or refuse treatment, hire and fire medical staff, access your records, and authorize admission to care facilities.
When does a health care power of attorney take effect?
Only after a doctor puts in writing that you’re unable to make your own medical decisions. Until that happens, you keep full control over your own health care.
What happens if I don’t have a health care power of attorney?
Your family would likely need to go through a guardianship—a court process to appoint someone to make decisions for you. Guardianships are expensive, time-consuming, and can limit your legal rights. A power of attorney helps you and your family avoid that.
Can my attorney-in-fact move me to another state for medical care?
Yes. Your attorney-in-fact can move you to a different state to receive medical care, and can also authorize admission to a medical, nursing, residential, or similar facility.
Is a health care power of attorney the same as a health care directive?
No. A health care power of attorney appoints a person to make medical decisions for you. A health care directive (living will) states your preferences about life-sustaining treatment. They cover different situations, and most people should have both.
Financial Durable Power of Attorney
What is a Financial Durable Power of Attorney?
It’s a document that appoints someone to make financial decisions for you if you become incapacitated. That covers everything from paying your mortgage and taxes to selling real estate if needed.
What can my financial attorney-in-fact actually do?
They can open or close bank accounts, pay your bills, file your tax returns, access your safe deposit box, make gifts consistent with ones you’ve made before, sell or buy a home for you, and work with your financial advisor or CPA.
When does the financial power of attorney kick in?
Only after a doctor puts in writing that you’re unable to manage your own financial affairs. You stay in full control until that determination is made.
What if I don’t have a financial power of attorney and become disabled?
Without one, your family would likely need to go through a guardianship—a court process to appoint someone to manage your finances. It’s expensive, slow, and can seriously limit your rights. A power of attorney avoids all of that.
Who should I choose as my financial attorney-in-fact?
Someone you trust completely with money. This person will have broad authority over your finances, so pick someone responsible and organized. You can always change your choice later by signing a new document.
Health Care Directive
What is a health care directive?
Also called a “living will,” it’s a document where you state whether you want life-sustaining treatment provided or withheld if you’re in a terminal condition, a permanent unconscious state, or have an advanced progressive illness with no prospect for improvement.
Why should I have a health care directive?
It takes a very difficult decision off your family’s shoulders. Instead of guessing what you’d want in an end-of-life situation, they’ll already know—because you told them in writing.
Is a health care directive the same as a health care power of attorney?
No. A health care directive states your treatment preferences for end-of-life situations. A health care power of attorney appoints a person to make day-to-day medical decisions if you're incapacitated. They work together, but they do different things.
Can I change my health care directive later?
Yes. You can revoke or update your health care directive at any time, as long as you’re mentally competent to do so. If your wishes change, just sign a new one.
Does a health care directive cover every medical situation?
No. It specifically applies to three situations: terminal conditions, permanent unconscious states, and advanced progressive illness with no chance of improvement. For other medical decisions, a health care power of attorney is what you need.
Disposition Authorization
What is a Disposition Authorization?
It’s a document that lets you state whether you want to be buried, cremated, or composted (organic reduction) after you die. Without one, your family has to make that call—and that can lead to disagreements.
What does it mean to be composted after you die?
In May 2019, Washington State became the first state to allow human composting (a.k.a. organic reduction) as an alternative to burial or cremation. If you're interested in this option, you can direct it in your Disposition Authorization.
Why does a disposition authorization matter if my family already knows what I want?
Because verbal wishes aren’t legally binding, and families don’t always agree. A signed document removes any ambiguity and prevents disputes during an already difficult time.
Can I name someone to carry out my disposition wishes?
Yes. In your Disposition Authorization, you can designate a specific person to be responsible for making sure your wishes are followed.
Can I change my disposition authorization later?
Yes. If you change your mind about burial, cremation, or composting, you can sign a new Disposition Authorization at any time.
Topics
General Estate Planning Questions
Why do I need a Will?
You aren’t required to have a Will under Washington State law, but it sure makes things a lot easier if you do. There are a series of state laws that direct what happens if you do not have a Will, based on what the legislature believed most people would want. The statutes may work for your estate but it takes more time and money to deal with your estate than it would if you have a Will. A Will is basically a roadmap that tells the world exactly what you want and how we get there.
Does a Will avoid probate?
No. This is a common misconception but a Will simplifies probate, it does not mean you avoid probate.
What is a living trust?
A living trust is a document created to avoid probate. When created, you need to transfer all of your property into the living trust and then you are the “trustee” of the living trust until you become incapacitated or die. At that point, the person you appoint as the successor trustee would take over and, if everything is done correctly, there would be no probate or court involvement, but the same process would take place to wrap up the business of your life and distribute your estate to the intended beneficiaries. A living trust is a more complicated planning tool and should be done with an attorney.
Who should I appoint as executor?
You should appoint a trustworthy family member or friend as your executor. You can always change the executor later, but it’s important that you are comfortable with the executor when you sign your Will.
I just want to change part of my Will - can I do that with Orbit Wills?
No. Orbit Wills only makes new Wills, which revoke any old Will that you have. If you want to make a change to an existing Will, you should contact an attorney to review your current Will and make the change (a codicil).
I’ve been diagnosed with dementia or Alzheimer’s. Can I still sign a Will?
It depends. If you've been diagnosed with dementia or Alzheimer's but still have lucid days, it might be possible to sign a Will. However, due to the complications with enforcement of a Will signed by a person with such a diagnosis, it would be best for you to work with an attorney to protect your document as much as possible.
Can I use Orbit Wills to create a trust for my minor children when I die?
Trusts for minors are great tools but should be discussed in detail with an attorney. At Orbit Wills, we direct money for minors to go to an account created under the Uniform Transfers to Minors Act, which permits you to appoint a custodian for the money who will manage the account for the minor child until that child reaches a certain age (18, 21, or 25). In a straightforward estate, that should be all that is required. If you do want a trust for your children, you will need to work with an attorney.
Can I use Orbit Wills if I have a beneficiary who is disabled and receiving state benefits?
If a beneficiary is disabled and receiving needs-based benefits from the state (i.e., SSI or Medicaid), an inheritance may disqualify them for ongoing benefits. There are ways to protect that person's benefits and allow them to inherit from your estate but it has to be done with very specialized trust language which is not included in a simple Will. If you need such a trust for a beneficiary, you will need to work with an attorney.
My spouse and I signed a prenuptial agreement before we were married - can I still use Orbit Wills?
Prenuptial agreements are very specialized documents because they typically alter your rights under state law with respect to your rights after a spouse dies. A prenuptial agreement should be considered by an attorney in the preparation of your Wills. We would recommend you talk to an attorney to incorporate the prenuptial agreement into your Will.
Can I use Orbit Wills if I have a blended family and want to make sure my money goes to my kids after my spouse (their step-parent) dies?
Blended families can create several issues in this context and it would be best to discuss your particular situation with a lawyer.
Can I disinherit a child in my Will?
Yes, but it must be specifically done. In your Will, you will acknowledge the child and then provide nothing for that child. Make sure to clarify this in the Orbit Wills questionnaire.
How often should I revisit my Will?
Generally, you should look at it every 3-5 years to make sure it still reflects your wishes. We also recommend you revisit upon “major life events” like a death, birth, move, purchase/start of a new business, etc.
I was divorced and have to pay something to my ex when I die - how does that work with my Will?
Regardless of what your Will says, your estate will have to honor the divorce decree when you die.
What is an executor?
The executor is the person who executes your Will when you die; they take care of business. An executor is responsible for going to court to be appointed as executor, determining where all of your property is located, selling or liquidating your property, paying your bills and outstanding debts, mediating disputes among your beneficiaries, distributing your property to the appropriate beneficiaries, filing your taxes, and closing the probate when everything is done.
What is probate?
In its simplest terms, probate is the court process to get assets out of a dead person's name. A person is appointed by the court as an executor to be the “point-person” and that is the person that everyone will work with to sell property, close bank accounts, report taxes, make distributions to the beneficiaries, etc. Probates usually take at least four months but can take longer, depending on the estate and the people involved.
What is the estate tax?
The estate tax is a tax imposed on estates over a certain exempt amount. In Washington, that exemption is $2,193,000, meaning $2,193,000 may be transferred to beneficiaries without a tax. Everything above that amount is taxed. The Federal government also has an estate tax with an exemption amount of $11,200,000. These are high numbers but your “gross estate” includes everything … retirement accounts, life insurance, equity in your house, your clothes, etc.
How old do I have to be to sign a Will?
You have to be 18 years old to sign a Will in Washington State.
Can I talk to a lawyer at Orbit Wills about my Will?
Orbit Wills is not a law firm. If you would like to purchase time with the affiliate attorney who reviewed and finalized your documents, Orbit Wills can connect you directly with their firm to discuss your estate plan, which may or may not result in a fee.
What do I do with my Will and other documents after they are signed?
You should keep your estate planning documents in a safe place, like a fireproof safe or lockbox in your house. We don’t recommend putting the documents in a safe deposit box because it can be difficult to access those boxes when you need the documents the most.
I have some estate planning documents done from years ago - are they still effective?
You should talk to an attorney about the effectiveness of your old estate planning documents and whether they will still work for you in your situation. By using Orbit Wills, you would likely be revoking all of those documents and replacing them with the new Orbit Wills documents.
Can I use Orbit Wills if I am not a Washington resident?
Currently, Orbit Wills only prepares documents for Washington State residents. Please keep an eye on our website for additional states in the future.
Can I complete the Orbit Wills questionnaire for another person?
You can assist someone else with the questionnaire but the person who will be signing the Will must certify that the information provided to Orbit Wills is correct and complete and reflects their desires.
Health Care Durable Power of Attorney
What is a health care durable power of attorney?
It’s the document where you name someone (your “attorney-in-fact”) to make medical decisions for you if a doctor determines you’re unable to make them yourself. That person can consent to or refuse treatment, hire and fire medical staff, access your records, and authorize admission to care facilities.
When does a health care power of attorney take effect?
Only after a doctor puts in writing that you’re unable to make your own medical decisions. Until that happens, you keep full control over your own health care.
What happens if I don’t have a health care power of attorney?
Your family would likely need to go through a guardianship—a court process to appoint someone to make decisions for you. Guardianships are expensive, time-consuming, and can limit your legal rights. A power of attorney helps you and your family avoid that.
Can my attorney-in-fact move me to another state for medical care?
Yes. Your attorney-in-fact can move you to a different state to receive medical care, and can also authorize admission to a medical, nursing, residential, or similar facility.
Is a health care power of attorney the same as a health care directive?
No. A health care power of attorney appoints a person to make medical decisions for you. A health care directive (living will) states your preferences about life-sustaining treatment. They cover different situations, and most people should have both.
Financial Durable Power of Attorney
What is a Financial Durable Power of Attorney?
It’s a document that appoints someone to make financial decisions for you if you become incapacitated. That covers everything from paying your mortgage and taxes to selling real estate if needed.
What can my financial attorney-in-fact actually do?
They can open or close bank accounts, pay your bills, file your tax returns, access your safe deposit box, make gifts consistent with ones you’ve made before, sell or buy a home for you, and work with your financial advisor or CPA.
When does the financial power of attorney kick in?
Only after a doctor puts in writing that you’re unable to manage your own financial affairs. You stay in full control until that determination is made.
What if I don’t have a financial power of attorney and become disabled?
Without one, your family would likely need to go through a guardianship—a court process to appoint someone to manage your finances. It’s expensive, slow, and can seriously limit your rights. A power of attorney avoids all of that.
Who should I choose as my financial attorney-in-fact?
Someone you trust completely with money. This person will have broad authority over your finances, so pick someone responsible and organized. You can always change your choice later by signing a new document.
Health Care Directive
What is a health care directive?
Also called a “living will,” it’s a document where you state whether you want life-sustaining treatment provided or withheld if you’re in a terminal condition, a permanent unconscious state, or have an advanced progressive illness with no prospect for improvement.
Why should I have a health care directive?
It takes a very difficult decision off your family’s shoulders. Instead of guessing what you’d want in an end-of-life situation, they’ll already know—because you told them in writing.
Is a health care directive the same as a health care power of attorney?
No. A health care directive states your treatment preferences for end-of-life situations. A health care power of attorney appoints a person to make day-to-day medical decisions if you're incapacitated. They work together, but they do different things.
Can I change my health care directive later?
Yes. You can revoke or update your health care directive at any time, as long as you’re mentally competent to do so. If your wishes change, just sign a new one.
Does a health care directive cover every medical situation?
No. It specifically applies to three situations: terminal conditions, permanent unconscious states, and advanced progressive illness with no chance of improvement. For other medical decisions, a health care power of attorney is what you need.
Disposition Authorization
What is a Disposition Authorization?
It’s a document that lets you state whether you want to be buried, cremated, or composted (organic reduction) after you die. Without one, your family has to make that call—and that can lead to disagreements.
What does it mean to be composted after you die?
In May 2019, Washington State became the first state to allow human composting (a.k.a. organic reduction) as an alternative to burial or cremation. If you're interested in this option, you can direct it in your Disposition Authorization.
Why does a disposition authorization matter if my family already knows what I want?
Because verbal wishes aren’t legally binding, and families don’t always agree. A signed document removes any ambiguity and prevents disputes during an already difficult time.
Can I name someone to carry out my disposition wishes?
Yes. In your Disposition Authorization, you can designate a specific person to be responsible for making sure your wishes are followed.
Can I change my disposition authorization later?
Yes. If you change your mind about burial, cremation, or composting, you can sign a new Disposition Authorization at any time.
Questions?
Still have questions? Get in touch.
Questions?
Still have questions? Get in touch.
Questions?