Frequently Asked Questions

  • What is the definition of a legal residence?

    A legal residence where you have your permanent home or principal establishment and to where, whenever you are absent, you intend to return; every person is compelled to have one and only one domicile at a time.

  • What happens if I already have a living trust?

    A licensed attorney from our network will make a recommendation as to the best way to bring your documents up to date.

  • Can more than one person act as a successor trustee at the same time?

    The successor trustee takes over management of the trust when the trustee has become incapacitated or died.
    After selecting your first successor trustee, you can then determine if you would like to add another one to act if the first one is unable to serve. When two successor trustees are added, you will need to indicate if you want them to serve alone in the order listed, or together as co-trustees. Co-trustees can complicate matters. If co-trustees are chosen, consider their relationship and if they will work well together.
    Our platform allows you to add up to four total successor trustees. When more than two are added, they serve in the order listed.

  • How does disinheritance work?

    Any person can be disinherited. Ex-spouses are automatically listed in the disinherited section.

  • What is included in personal property?

    Personal property refers to items like furniture, clothes, jewelry, appliances, cars, etc.

  • How do I handle specific bequests?

    Specific bequests are typically expressed as cash amount or as assets of monetary or sentimental value, such as an automobile of a piece of art.

  • What are beneficiaries for the balance of the assets?

    These are the people who you want to inherit the financial and real estate assets of your estate.

  • How do I forgive debt?

    If a beneficiary owes money to the trustee, you have the option of subtracting the amount from the distribution, or forgiving the debt.

  • What are age-based distributions?

    Unless the trust dictates otherwise, upon reaching age 18, beneficiaries will receive their entire inheritance in a lump sum. Alternatively, you can continue to hold their assets in trust with delayed distributions over time as your beneficiaries mature.

    You can select up to 3 different ages and the percentage to be distributed at each age.

  • What are behavior-based distributions?

    Assets can be held in trust until certain behavioral conditions are met. You can choose one or more of the following behaviors:


    • Drug Free
    • Alcohol Free
    • Gambling Free

    There is specific language in the trust that addresses who is responsible for determining these conditions and how they are enforced.

  • Can I update my trust if circumstances change?

    Yes, you can change or amend your trust as often as you wish. Your estate plan should change to stay updated as your life changes. These major changes could include:


    • Marriage
    • Divorce
    • Birth or adoption of a child
    • Death of a beneficiary
    • Change or add a beneficiary
    • Change the trustee or successor trustee
    • Change the way the property is distributed
    • Change which property is part of the trust
    • Change your name
    • Having acquired new property that you want to add to the trust
    • Having moved to another state where the inheritance laws are different

    You can amend your trust through our platform for typically much less than a standard attorney charges.

  • What if I already have a trust, but it is old and things have changed?

    The answer depends on a couple of things, such as the age of the trust and the amount of changes or amendments it requires. Likely, the most cost effective option is to have the original attorney review and amend the trust as needed. If that is not possible, the next best option may be to create a new trust through our platform which encompasses all of your current wishes and makes any updates needed. Typically, to have a new attorney review a trust done by someone else is more expensive than creating a new trust on our platform.

  • How do I give others access to the online estate plan documents?

    Your Rockfleet advisor can email an invitation to the any of the other parties mentioned in your estate plan (children, spouses, successor trustees, and beneficiaries).

  • Is it possible to set up the Financial Power of Attorney so it only goes into effect when I become incapacitated?

    The attorneys who power our platform have determined the best course of action is to make your powers of attorney effective immediately. However, you can choose between either a durable or springing power of attorney. See Section XIV. Understanding Powers of Attorney of our Estate Planning guide for a more detailed discussion on the pros of cons of your choice.

  • Do I need to transfer accounts with a POD / TOD into the Trust?

    While not required, if accounts with a POD or TOD are transferred into the Trust, the grantor (you) can have more “control from the grave” over those accounts. The Trust does allow for sprinkling of assets over time and allows for behavioral conditions on the payouts.