Even with the growing popularity of trusts and more "modern" devices, wills remain the basic documents for end-of-life planning.

First, even if a family uses more complicated mechanisms such as revocable trusts to manage and bequeath property, family members still should have wills, said Frederick Tansill, an estate-planning attorney in McLean, Va.

A key reason is to provide for the care of minor children. Suppose both parents are killed in a car accident: Who takes care of the orphans? State law will specify, absent a will, but the parents usually know who they want and can make that designation in their wills.
. . . .Can you do this yourself? Simple wills are indeed the stuff of self-help. . . .

In addition to planning for death, families today should plan for incapacity. This means preparing and signing documents that designate someone to make medical decisions for you when you can't, such as permission to operate or administer treatments, and also to decide how hard medical personnel should struggle to keep you alive should you suffer a terminal illness or be rendered comatose.

Generally, there are two documents that cover these questions — a health-care power of attorney and a living will — though a growing number of states have combined them into one, typically called an advance medical directive. Most states have approved forms for these powers, and generally they are quite straightforward. But some states include a menu of options, leaving it to the signer to cross them off or leave them in, which Frederick Tansill said can be confusing.
. . . .Can you do this yourself? The necessary forms and instructions are readily available on the Internet. . . .

Some 40 years ago, a book titled "How to Avoid Probate" by Norman F. Dacey, achieved enormous popularity. But the probate process over the past decades has been greatly simplified in many jurisdictions. Therefore, bequeathing one's property via a will can do an adequate job; more elaborate, expensive, and attorney-intensive devices, such as trusts, are typically unnecessary.

Keep in mind that certain types of property pass outside of probate anyway. Insurance death benefits go directly to the policy beneficiary, as do retirement plan assets. The key here is to make sure you have properly designated beneficiaries and keep them up to date. If you fail to do that, assets can end up in your probate estate after all -- or perhaps worse, go to someone, such as an ex-spouse, you don't want to have them.

Property held jointly with another person, such as a spouse or children, passes directly to that person at your death. This feature allows couples with simple situations to hold a house and other assets jointly and have them pass to the survivor outside of probate.
. . . .Can you do this yourself? For families of modest means, joint ownership and beneficiary designation, combined with a simple will, can do the job. . . .

As with health questions, families need to prepare in case a member becomes incapable of making decisions involving property.

One mechanism that deals with such situations is the durable general power of attorney. This is a legal document that authorizes someone else to make decisions.
. . . .Can you do this yourself? While durable powers of attorney are simple in concept and printed forms are readily available, it's a good idea to consult an attorney. . . .

"A will, a durable general power of attorney, an advance medical directive — those are the three documents everybody should have," estate-planning attorney Frederick Tansill said. Beyond that, it depends on your situation.

Much attention in recent years has been given to revocable trusts, also known as living or inter vivos trusts. They are widely touted as devices to avoid probate, which they can do, and to cut taxes, for which, in many cases, they are unnecessary.

A revocable trust is a legal entity that holds title to property. However, it remains under the control of the person who created it - the "grantor" or "settlor," in legalese - and can be changed or revoked. Income generated by assets in such a trust is still taxed to the grantor, so it does nothing to reduce income taxes.
. . . .Can you do this yourself? Forms are available that may be legally adequate, but face it, if you really need a trust, you also need an experienced estate-planning lawyer.

Estate taxes are harsh, complicated - and fortunately affect very FEW Americans.

Federal law exempts from tax estates that are less than a certain value. That threshold is $1.5 million this year and next, and, sad to say, few Americans are worth that much when they die.

In addition, the law allows spouses to bequeath an unlimited amount to one another free of tax.

But while most people don't have to fret about estate taxes, they are a peril for many of those who live in expensive areas of the country. In Washington, D.C., for example, a house in a nice neighborhood plus some life insurance can easily propel a family into potential tax problems.
. . . .Can you do this yourself? Isn't this what lawyers were born to do?

Whether or not you decide to use a lawyer, legal-reform advocates say, the best consumer is an educated one…

Legal reform advocates say good places to start your research include these commercial sites: