Estate planning is about protecting your family, your assets, and your legacy. As we approach 2026, having a complete set of estate planning documents ensures your wishes are clearly defined and legally enforceable. Whether you are starting a family, buying a home, approaching retirement, or managing blended assets, a well-organized plan helps reduce confusion, minimize disputes, and guard against costly legal challenges. Below are the key documents every individual should consider as part of a comprehensive estate plan.

1. Last Will and Testament

A last will and testament is the foundation of any estate plan. It allows you to designate which heirs receive your assets, name guardians for minor children, and appoint an executor to carry out your wishes. Without a valid will, state laws determine how your assets are distributed, which may not reflect your intentions.

Ensuring your will is updated helps avoid unnecessary legal complications as life circumstances change.

2. Revocable Living Trust

A revocable living trust allows you to transfer assets into a trust during your lifetime. Unlike a will, a living trust can help your estate avoid probate, which can save time and protect privacy. With a living trust, you retain control of your assets while alive and specify how they should be managed or distributed after your passing.

For many families, a trust offers flexibility and continuity that a will alone cannot provide.

3. Durable Power of Attorney

A durable power of attorney authorizes a trusted person to make financial and legal decisions on your behalf if you become incapacitated. This document is crucial for handling banking, bill payments, tax matters, and property issues when you are unable to act for yourself.

Without this document, a court may need to appoint a guardian or conservator to oversee your affairs.

4. Healthcare Power of Attorney

A healthcare power of attorney designates someone to make medical decisions if you cannot communicate your wishes. This person acts as your advocate, ensuring that your preferences for treatment, care, and end-of-life decisions are honored.

This document pairs with a living will to create a comprehensive healthcare plan.

5. Living Will (Advance Healthcare Directive)

A living will, or advance healthcare directive, outlines your preferences for medical care if you become terminally ill or permanently unconscious. It allows you to specify whether you want life-sustaining treatments, feeding tubes, resuscitation, and other interventions.

Combined with a healthcare power of attorney, it gives clear instructions about your medical wishes.

6. HIPAA Authorization

The HIPAA authorization allows healthcare providers to share your medical information with designated family members or decision makers. Without this consent, healthcare professionals may be limited in what they can disclose, which can restrict informed decision making during critical moments.

Including this document in your estate plan supports better communication and care coordination.

7. Beneficiary Designations

Not all assets are controlled by a will or trust. Beneficiary designations on life insurance policies, retirement accounts, and investment accounts determine who receives those assets directly. Failing to update beneficiaries can override instructions in your will, leading to unintended distributions.

Reviewing these designations annually ensures they align with your overall estate planning goals.

8. Letter of Intent

A letter of intent is not a legal requirement, but it provides guidance for your executor or family members regarding your wishes. It can include information about funeral preferences, guardianship plans for pets, digital account instructions, and personal messages to loved ones.

While informal, it helps reduce stress and confusion during emotionally difficult times.

Conclusion

Having the right estate planning documents going into 2026 ensures your wishes are clear, your family is protected, and your legacy is preserved. Whether you are drafting your first will or updating your existing plan, MHK Attorneys can help you create a personalized, legally sound strategy that reflects your priorities and adapts to future goals.