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frequently-asked-questions
HOW DOES THIS WHOLE PROCESS WORK?

We've made this process incredibly easy.  

First - You'll create an account and purchase the appropriate package.  Either an Individual Will package or a Married Will package.  After purchasing, make sure to activate your account with the link that will be sent to your email!

Second - You'll go through our step by step process online to answer a series of questions that will populate your final Estate Planning documents.

Third - You'll download your completed document, print it out and take it to a Notary to make it official.

Fourth - Store your documents somewhere safe, and make sure your Representatives and Agents know where to find them.

WHAT DOCUMENTS DO YOUR PACKAGES INCLUDE?

The packages includes:

  • Last Will & Testament.  This includes a Guardianship & a Testamentary Trust for children

  • Advance Directive.  Includes the Health Care Power of Attorney, Living Will & HIPAA release

  • Durable Financial Power of Attorney.

  • Personal Property Memorandum.  Once you have competed and downloaded your package, at the end of your print out, we provided a place to list items that aren’t bank accounts for beneficiaries (like watches, cars, etc.).  That way, if you decide you no longer want to leave that watch to that person, you can change it without redoing and re-notarizing your Will!

WHAT INFORMATION WILL I BE FILLING OUT?

When you purchase a Will from EpicWill.com, you will be choosing to complete an online process that collects all of the information necessary to complete a State Specific and legally binding Last Will & Testament, Advance Directive and Power(s) of Attorney.  All online.  

That means, when you are completing information about your family, Guardians, Personal Representatives or Health Care and Financial Agents, you will be inputting their contact details which include their address, phone number and email address.  All of this information is securely stored and not sold to third parties.  If you are one who doesn’t trust online resources and doesn’t want to include these details, that is completely fine…but you do NOT need to purchase a package with Epic Will.  Should you purchase a package with Epic Will and then decide you don’t want to enter that information, you will not receive a refund.  Don’t be that person.  

If you need help deciding what you want to do, and more information about what all you will be completing, please click here to download our free Will Prep Guide.

https://landing.epicwill.com/will-prep-guide

WHAT HAPPENS IF I DIE WITHOUT A WILL?

If you die without a Will, your state already has a plan for you and all your assets. It means you’ve died “intestate”. Then, the intestacy laws of your state will determine what happens with your property.

The states only recognize blood relatives and marriage. Meaning whether you’re single with no kids, single with kids, married no kids, married with kids, the laws are going to distribute through blood. Unmarried couples and domestic partners have the biggest risk. Some states recognize domestic partnerships, but many don’t. So its important to check your states laws, or consult with an attorney.

WHAT HAPPENS TO MY CHILDREN IF I DIE WITHOUT A WILL?

If you die without a Will, the children will obviously go first to your spouse, or their other parent. However, if you and your spouse (or the kids other parent) die together, the state will have a plan for your children, but is that what you want to happen? Are those the family members you want your children raised by? Do you even want your family raising your children, or close friends?

CAN I REALLY CREATE MY WILL IN FIVE MINUTES?

Absolutely. If you already know the people you want to serve as your Representatives for your Will, your Agents for your Power of Attorney(s) and Advance Directives…and you have their address, phone number and email handy…that’s half the battle. As long as you aren’t itemizing everything in your possession to give away to 100 different people, then you’ll be able to knock this out before you’re done with a cup of coffee!

Download our Will Prep Guide so you can hit the ground running!

WHAT HAPPENS WITH THIS WILL AFTER I DIE?

Your Will is filed with the state after death. Your assets will enter what’s called Probate, which is where the state essentially takes control, verifies the authenticity of your assets and Will and then distributes via your Executor to your surviving relatives or beneficiaries.

WHAT DO I NEED TO DO BEFORE STARTING MY WILL?

You’re going to need to put some thought into WHO you want taking care of you, if you have children, who you want taking care of them, what you want to do with all of your things (who you want them to go to) and all of those individuals contact information (address, phone and email address). To help you get started we’ve put together a Will Prep Guide. This will help you get everything you need together to get started.

BUT I DON’T HAVE ANY ASSETS!

Most people don’t recognize that they have more than they think. For instance, most student loans are forgiven upon death. So if that is the only debt you have, and you own your car, ugly green couch, TV’s, firearms, etc., then everything remaining in your estate needs to and will go somewhere.

Many times, it is less about your assets, and more about your life. Part of any good estate plan will include Living Will/Advanced Directive documents, as well as Powers of Attorney. If you’re young and healthy, odds are you’ll live a nice long life. But what if you get t-boned on your way home from dinner tonight, and are incapacitated, what happens now? If you don’t have those documents, your family will have to go through an emotional and expensive legal process to have a Conservator named to speak on behalf of you…but then, what do they say? No one knows, because you didn’t leave anything behind to tell them.

I’M SINGLE, AND I DON’T HAVE KIDS!

The Will is not just about if you have kids or not. More than likely, if you are in your late 20’s or early 30’s…if you’ve saved a penny or two, then you have assets to leave to someone. Who do you want receiving that? Your family? Your brother? A charity? God-children? These are still decisions you have to make if you don’t have a family of your own.

Furthermore, it's less about that. Even if you didn’t care that it would pass along to your parents or siblings, what happens if you become incapacitated? You’re not dead yet, and your family is devastated, and no one knows what you want to have happen with your body. Do you want to be kept alive on life support, or do you want to pass peacefully on? These are decisions you have to make with your loved ones and appoint someone to care for you.

WHAT IS THE DIFFERENCE BETWEEN THE MARRIED & INDIVIDUAL PACKAGES?

Very simply, the Individual Package provides one individual Early Estate Plan. Which includes one (1) Last Will & Testament, one (1) Advance Directive (Living Will, Health Care Power of Attorney & HIPAA Release) and one (1) Financial Power of Attorney.  This is specific to ONE (1) Individual.  It does not suffice for a married couple.

The Married Package provides TWO (2) sets of documents. One for one spouse, and a second set for the second spouse.

PLEASE NOTE - We do NOT offer a "Joint Will" for married couples. Each Spouse will have their own individual Will, which is what this package provides. A Joint Will locks all your joint assets up in Probate when the first spouse passes. You will need to talk to an attorney if you feel this is a good idea for you!


Furthermore, Advance Directives are individually focused – meaning each spouse has to specify their individual wishes, which again is why the Married Package includes two separate sets of documents.

In the case of a married couple where one spouse already has these documents and they are up to date, the other spouse can absolutely choose an individual package and just complete one set of documents.

How does this work for a married couple you ask? We’ll explain.

  1. The first spouse will go through the Getting Started Process, where you identify that you are married, what state you live in, create the Primary account, choose which package you want (in this case Married) and purchase the package.

  2. Next, the first spouse will go through the step by step online process in it’s entirety, answering each of the questions for themselves. However, it is important that both spouses are either present and/or in agreement regarding the decisions you are making (i.e. Guardians, etc.)

  3. Once the first spouse has completed the online step by step process and downloaded their documents to review, the second spouse will receive an email to create a free account to go through the online process for themselves.

  4. When the second spouse has completed the online process, they will be able to download and review their documents as well.

  5. Once you are both finished, take BOTH sets of documents to a notary, with any/all required witnesses for your state, and have both sets of documents notarized.

I PURCHASED A MARRIED PACKAGE, BUT MY SPOUSE HASN'T RECEIVED AN EMAIL TO START!

The site is designed, that after you download your document, you’ll go through a few more screens that will trigger emails to your spouse and to your representatives. Here’s what you need to do next:

  1. Login to your account
  2. Click on Edit My Will
  3. You will go to the page that says: Let’s Review.  Scroll to the bottom and press continue.
  4. The next page is where you download your Will…press continue.
  5. The next page is Talk with your Crew, press continue.
  6. The final page is Your Spouse’s Turn.  You will see your spouse's name, email address, and an option to send again.  Click on that, and have your spouse check their email.  

I ORDERED THE MARRIED PACKAGE, HOW DOES MY SPOUSE ACCESS THEIR WILL?

By selecting the "Married Package", THIS IS NOT A JOINT WILL. It is one Will Package for each of you. The process is setup for the spouse who purchases the package to do their Will first, and THEN the second spouse will receive an email to create an account and do THEIR Will.

So here's how the process works:

First - The initial spouse purchases the package. They create an account and begin the online "fill in the blank" process. Once they have completed their process, an email will be automatically sent to the second Spouse, to create their account.

Second - The second Spouse, will need to check their email, click the link to set a password to create their account, which will send them a second email to activate their account. The second Spouse will then go through the same "fill in the blank" process to create their Will.

CAN I NAME A COUPLE AS GUARDIAN?

You simply need to name one of the individuals as the Primary Guardian, and the second person as the Alternate Guardian. That way, in the event the couple were to divorce or one of them passed, you have the backup taken care of.

This is also something you can come back at a later time and change if necessary.

I'M GOING THROUGH A DIVORCE, CAN I UPDATE MY WILL?

Unfortunately, in most all states, by law you cannot change your Will until your divorce is finalized.  Please check with your divorce attorney to confirm, but most all states – if not all – require that you wait until the divorce is finalized to change your Will. 

Again, confirm with your attorney, but once it has been finalized, then yes – you are good to proceed with the Individual package.

PETS

Before we had children, our dogs were our children. Many people are like us. You don’t have kids, you may even be single, but you have that fluffy friend who is like a child to you. So much so, you almost pay the same as private school just for them to go to “doggy daycare”. What happens to Fido? Who is taking care of them?

With Epic Will, you can make sure you define exactly who you want taking care of your furry child should you pass. With your printed documents, we include a blank Personal Property Memorandum at the end.  This is where you will list each item of your household that is personal property (like your pets, jewelry, car, couch, etc.) and who you want to receive them.  

This does NOT need to be notarized.  You simply need to sign it and keep it with your documents.  You can also print out as many of these sheets as you need and update them as necessary!

WHAT IF I HAVE QUESTIONS ABOUT A QUESTION, OR WHAT I SHOULD DO SPECIFICALLY IN A SITUATION?

Epic Will is a resource to help you complete your Will following your state's specific laws, but we are not attorneys who can offer you legal advice about your specific situation. If you have questions about what you should be doing in specific situations, we highly recommend you work with an Estate Planning Attorney in your area.

I FINISHED MY WILL!! WHAT'S NEXT?

Congrats!!  Next step is to have your Will notarized and signed by witnesses.  These instructions could change for each state, so please reference the actual signing instructions included in your document once you have completed it!

To execute (make official) your Last Will, Advance Directive and Powers of Attorney, you will need two witnesses and a notary public.  You can’t just take anyone with you as a witness, please note your states requirements for witnesses for the most part:

  • Your witnesses must be competent adults who are not the agents,
  • Both witness must not be related to you by blood, marriage or adoption,
  • The witnesses will not be inheriting any of your property.  (Disinterested third party)

Do not sign anything until you and your witnesses are in front of a Notary Public.  

For each document, please review the following details and instructions:

  1. Last Will & Testament
    • All names are spelled correctly,
    • All gift(s) and residuary estate are going to who you want them to go to,
    • You have correctly identified your Personal Representative(s)
    • You have correctly identified the Guardian for Minor Children (if applicable).
    • If everything is correct, on the signature page, enter today’s date and sign your name on the line indicated by “Testator”.  It is important to say to your witnesses that this is your Last Will & Testament and that you are voluntarily signing it of sound mind. 
    • Next, have two (2) witnesses sign and print their names where indicated in your presence, in the presence of one another and the Notary Public.
  2. Advance Directive for Health Care.  As stated above, in Tennessee, the Advance Directive for Health Care combines your Living Will, Health Care Power of Attorney and the HIPAA Release.
    • You have properly identified your Advocate and Alternate Advocate.  Their names are spelled correctly, and their contact information is correct.
    • You have properly identified when you want the powers to commence.
    • You have correctly answered all Instructions for Health Care, Comfort and Pain and Organ Donation as well as any additional instructions.
    • If everything is correct, you and two (2) Witnesses may sign the document in the space provide in the presence of the Notary Public.
3. Durable Power of Attorney for Financial Decisions
    • You have properly identified your Agent and Alternate Agent’s.  Their names are spelled correctly, and their contact information is correct.
    • If everything is correct, you and two (2) Witnesses may sign the document in the space provide in the presence of the Notary Public.

 

If any of your documents need to be amended, you have 90 days from the time you created your documents to change them for free.  You can access your completed (but not signed) documents at any time by logging into your account at www.epicwill.com.  

If you have any further questions or concerns, please consult an attorney.

WHERE CAN I HAVE MY WILL NOTARIZED?

Typically, financial institutions and municipalities offer notarization services. You can also get notarized at UPS stores. You may need to make appointments, and ensure that either they can provide witnesses, or you may need to have witnesses meet you there.

DO I ONLY NEED TO HAVE ONE DOCUMENT NOTARIZED?

NO! Each complete set of documents has three individual items: The Last Will & Testament, the Advance Directive (which includes the Living Will, Health Care Power of Attorney & HIPAA Release) and the Financial Power of Attorney. EACH individual document needs to be notarized. That is a total of THREE (3) notarizations per Early Estate Plan

I FINISHED MY WILL, BUT HAVEN’T BEEN ABLE TO NOTARIZE IT YET, IS THAT OK?

Well. No. Ultimately, its just a piece of paper until it gets that stamp. For your documents to be complete and recognized by a court, you have to get a Notary and witnesses to sign it with you.

CAN I CHANGE MY WILL?

Yes! Once you’re part of the Epic Will family, if you ever need to update your Will, you can come back and do so for free when your named representatives create a FREE account with EpicWill.com so they can have access to your documents if needed.   If you don't want to do that, no problem at all.  Every update thereafter is only $39!  

Login to your account to make edits to your Will anytime your story changes.

WHY DO YOU CHARGE FIRST?

The whole point of this service, and you being here is to DO YOUR WILL! If you pay for it (i.e. “have skin in the game”), you’re more likely to actually FINISH it, which is why we’re here in the first place.

WHY DO SOME SERVICES OFFER FREE ONLINE WILLS, AND YOU CHARGE?

Most of the “free online services” provide large blanks and require you manually fill all the information in yourself without any guidance or help into a standard – standard non-state specific, and ultimately crappy looking product. You get what you don’t pay for. Or, they are facades. Meaning they “lure” you in with the whole “free” thing, then make you join a monthly subscription (SaaS) service to access your document with the intention that you’ll forget about it…not complete you Will immediately, and they can charge you over and over.

WHAT’S THE DIFFERENCE BETWEEN YOU AND OTHER ONLINE SERVICES (THAT AREN’T FREE)?

  1. We provide all four documents (1. Last Will and Testament, 2. Living Will and Advance Directive, 3. Health Care Power of Attorney, 4. Financial Power of Attorney) you need (including HIPAA release). There are no “packages” breaking out the documents.
  2. We have TWO and only two price points. One for Individuals and one for married couples. The single package is $119 and the married package is $169. We will NOT upsell you like many of the others.
  3. Our documents really are state-specific. Most of the other companies do not follow each state's specific Living Will/Advanced Directive specifications. Our packages are based on each state's CURRENT laws relating to these documents.

HOW MUCH WOULD IT COST ME WITH AN ATTORNEY?

That is a hard question to answer. You can get super basic plans done by an attorney for $500, or you could get highly detailed Estate Plans for thousands of dollars. There is no set or standard pricing for something like this. Ultimately, we feel that every individual, once you reach a certain economic stature, needs to have an actual Attorney look over your estate. We’re here to cover you until you get there!

WHEN SHOULD I HAVE A WILL DONE BY AN ATTORNEY VS. ONLINE?

Again, there is no legal or right/wrong answer here. Just think about your life. If you have a complicated living situation, divorced and have children from previous marriages, houses you own in states you don’t live in, you’re a Millionaire…then its really best that you connect with an attorney. That’s not advice, that’s a hunch. Keep in mind, we can not give legal advice. But if you’re concerned that an Online Will is not going to cover all the bases…then we suggest getting with an Attorney!

I DON'T UNDERSTAND ANY OF THESE TERMS.

Check out the Legal Jargon section. It should answer any of those questions you have.

WHAT IF I HAVE QUESTIONS?

If they are technical in nature – meaning, an issue with the website, a bug, etc., then feel free to email us at support@epicwill.com We can help you with that. If they are specific to what you should do in your Estate Planning Documents, then you will need to connect with an attorney for those answers.

DO YOU OFFER A LIVING TRUST?

We understand you are looking for a Living Trust vs. a Will.  That is great!  Our service is intended for people building assets and wealth, and then when someone reaches a place they have assets they want to avoid probate by creating a Living Trust – we HIGHLY recommend that you connect with an actual attorney vs. an online service.  That is 100% the reason we do not offer Living Trusts (though we could) on our sitebecause there are so many caveats that an online service won’t do justice. 

Furthermore, to fund your Living Trust with a property or the like  - you’ll still have to work with an attorney to make that happen

Do you need suggestions on attorney’s?  We HIGHLY recommend you check out our friends at Personal Family Lawyer, they have a network of attorney's around the country that will be able to take care of you!

HOW DO I ENSURE MY IRA/401K/RETIREMENT ACCOUNTS GET DISTRIBUTED APPROPRIATELY?

You can name "Your Estate" as the beneficiary in your retirement accounts, if you want them to pass directly to your desired beneficiaries in your Last Will.  However, that means, your retirement accounts will immediately terminate upon distribution, and your beneficiaries will be required to pay the income tax.  You are able to name individuals as beneficiaries with each retirement account.  In that case, the account remains open to grow.

We HIGHLY recommend you connect with your Financial Advisor or Accountant before naming your Estate as the beneficiary.  They will be able to tell you the right thing for YOU!

DO I HAVE ACCESS TO AN ATTORNEY TO ASK QUESTIONS?

Short answer - nope.  Epic Will is simply an online service that walks you through a simple and guided step by step process, asking you all the questions necessary to complete these documents for YOUR specific state.  We can answer questions that are technical in nature, but we are not a law firm, and cannot answer questions specific to you and your family.  

We have intentionally kept our product offerings simple to keep the price down.  You are welcome to try EpicWill.com, and if you are not comfortable with the process and decide an attorney is the best route, we'll gladly work with you.  We can also help recommend resources to find an awesome attorney near you!

BLENDED FAMILY - THINGS TO CONSIDER (THE CINDERELLA CLAUSE)

When we say Cinderella Clause, we’re sorry, but we’re not talking about the warm and fuzzy story where prince charming comes to rescue Cinderella.  We’re talking about the real life reality of what CAN happen in blended families where conversations aren’t had and expectations are not set.  

We’re talking about the scenario where husband has two children from a previous marriage (John and Jack) and he and his wife have a child of their own (Suzie).  Husband – let’s call him Dave - goes through his Will and decides to leave everything to his wife (Donna), and IF she dies before him, then to all his children in equal share.  Donna, says she wants to leave everything to Dave and then (because you did this together), she includes her stepchildren as her “children”...she leaves everything to her “children” in equal share.  Which essentially means if Dave passes, and all his estate goes to stepmom, she is then going to make sure her stepchildren get an equal share of the estate.  But then, tragically, Dave passes away and his entire estate passes to Donna.  After grieving, she then decides to change her Will in favor of HER daughter – Suzie..  So she changes her Will and only references her daughter as her child.  Leaving John and Jack, her two stepsons out of the equation.  Maybe she doesn’t even tell them.  Then she passes and everything goes to Suzie – leaving John and Jack distraught and without any inheritance from their loving father..  

“SURELY this won’t happen in my family”, you say…and maybe you’re right.  But guess what, in this case, you’ll be dead and your sons won’t inherit a thing from you!  How do you handle this?  If you‘re not in the place to work with an attorney, the best way to ensure that your family is all taken care of, is to leave your Residual Estate to your entire family in whatever portion you would like.  The point is you would designate a percentage of your estate to each of the surviving family members.  So, in the scenario above, you would leave 25% (or whatever) to your wife Donna, 25% to John, 25% to Jack and 25% to Suzie.  Be mindful, however, that each state has a set minimum that a surviving spouse can receive, so if Donna’s percentage is less than her state mandated minimum, she can choose to claim the state mandated minimum instead.

Another way to try and make sure your sons are taken care of, is you could get a Life Insurance policy for each of your children and specifically name them as a beneficiary.  That way you know they will be cared for with something.