Will, trust, guardianship, power of attorney: what each one does
A will says who gets what and who raises your kids. A trust holds property so it passes without probate court, and a power of attorney lets someone act for you while you are alive but cannot.
At a glance
- A will says who gets what and who raises your kids; it does not avoid probate.
- A living trust holds property so it passes without probate, but only what you retitle into it.
- A power of attorney lets someone act for you while you are alive but cannot.
- Beneficiary forms beat the will. Keep them current.
Who this is for: Anyone with a child, a house, or a pension beneficiary who has none of these documents yet, or has not looked at them since life changed.
Reviewed by Theron Morgan, CEO and founder, Avidity Capital Inc., a registered investment adviser, on 2026-10-07.
The will: who gets what, and who raises the kids
A will is the document that speaks after you die. It names who receives what you own, names an executor to carry it out, and names a guardian for your children. Without one, state law decides all three, and a court picks the guardian.
A will does not keep your family out of probate. Anything that passes by will still goes through the court. And a will does not override a beneficiary form: your retirement accounts, life insurance and pension pay whoever is named on the form, whatever the will says.
The living trust: property that passes without probate
A living trust is a container you create while alive. You retitle property into it, you manage it as the trustee, and when you die the person you named takes over and distributes it without a court. That is the whole point: in California, probate is slow and public, and its fees are set by statute as a share of the gross estate.
A trust only covers what is in it. The most common failure is a trust that was signed and never funded, so the house still goes through probate. California now has a simpler court petition for a primary home passing to heirs, and a revocable transfer on death deed can also move a house outside probate. A living trust is often still the better tool for a homeowner with kids, because it also handles who manages the property for them. An estate attorney can say which fits. If you rent and your assets all have beneficiary forms, a will may be enough for now.
Guardianship: who raises your children
You nominate a guardian in your will. If both parents die, the court confirms that person, and the nomination carries great weight. You can name one person to raise the children and a different person to manage the money left for them, and for many families that split is wise.
Talk to the person first. Name a backup. Revisit it as the kids grow and as your own family changes.
Power of attorney: someone acts for you while you are alive
A durable power of attorney for finances lets a person you choose pay your bills, deal with your bank and sign for you if you are deployed, hospitalized or otherwise unable to act. It ends at your death; the will and the trust take over from there. Its companion is the advance health care directive, which does the same for medical decisions.
For a sailor, the deployment power of attorney is the one that matters most, and the legal assistance office that serves NAS Lemoore prepares it routinely.
Where each group gets these done
NAS Lemoore sailors: the legal assistance office that serves NAS Lemoore prepares wills, powers of attorney and advance directives for active duty members and their dependents at no cost; call ahead to confirm what they prepare. A living trust is usually outside what that office drafts, so a homeowner still needs an estate attorney for the trust.
Hanford PD officers: a will, a power of attorney and a health care directive can be straightforward, and a living trust for a homeowner needs an estate attorney. Avidity Capital does not draft legal documents. An Avidity adviser helps you build the list, keeps the beneficiary forms in step with it, and coordinates with the attorney.
The app's estate lens shows which of your assets would pass by beneficiary, by trust or through probate, and what still needs a name.
Questions people ask
Do I need a trust if I rent?
Usually not yet. If you do not own property and your accounts and insurance all have beneficiary forms, a will, a power of attorney and a health care directive cover you. Revisit it when you buy a home, and ask an estate attorney whether a trust, a transfer on death deed or the court petition for a primary home fits your family.
Does a will avoid probate?
No. A will tells the court what you want; it does not keep your family out of the court. A funded living trust is what avoids probate for the property inside it.
Can the JAG do my trust?
The legal assistance office that serves NAS Lemoore prepares wills, powers of attorney and advance directives for eligible members and dependents; call ahead to confirm what they prepare. A living trust is usually outside what it drafts, so plan on an estate attorney for the trust.
What happens if I die in California with no will?
State law decides who inherits, with a spouse and children first in line, and a court picks a guardian for minor children. It works, but it is slower, it is public, and it may not match what you would have chosen.
Who should I name as guardian?
Someone who would raise your children the way you would, who has said yes, and who can handle it. Name a backup. The person who manages the money can be someone else.
Next step
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This page is education, not individualized investment, tax, legal or insurance advice. It names no products, funds or allocations and carries no client stories. Where a document or a policy is needed, an estate attorney or a licensed insurance agent is the person who prepares it. Avidity Capital Inc. drafts no legal documents and receives no commission or referral fee from insurance, estate attorneys, mortgage lenders or real estate agents. Its compensation is the member's subscription and, for members who choose it, an advisory fee for managing assets; see Form CRS and Form ADV Part 2A. Avidity Capital Inc. is a registered investment adviser.