What makes a will legally valid in the US?
Requirements vary by state, but generally: the testator must be at least 18 years old and of sound mind (testamentary capacity), the will must be in writing and signed by the testator, and must be witnessed by two adults who are not beneficiaries. About half of US states also recognize holographic (entirely handwritten and signed) wills without witnesses. Louisiana has unique notarial will requirements. Some states require a notarized self-proving affidavit to streamline the probate process.
Should I use a revocable living trust instead of a will?
A revocable living trust (RLT) avoids probate on all assets titled to the trust. This saves significant time and cost in California (where probate fees are statutory and high) and in states where you own property in multiple jurisdictions. Downsides: higher upfront cost ($1,500–$5,000+ vs. $300–$800 for a will), requires 'funding' the trust by transferring assets into it, and ongoing maintenance. Most estate attorneys recommend a 'pour-over will' alongside a trust to catch any unfunded assets.
What is the difference between a will and an advance directive?
A will (last will and testament) directs the distribution of your assets after death. An advance healthcare directive (living will) and healthcare proxy (medical power of attorney) direct your medical care if you become incapacitated while alive. A durable power of attorney directs management of your financial affairs. These documents serve entirely different purposes and all three should be prepared together. Most estate attorneys include powers of attorney and a healthcare proxy in a basic estate plan package.