Best online estate plan if you are over 60: incapacity first, then probate
After 60, the documents that matter most are the ones that work while you are alive: a financial power of attorney and a health care directive, so someone you choose can act if you cannot. Get those first, with a will or a living trust. For a homeowner who wants it done properly with a notary who comes to the house, Trust & Will's trust is $499, or $599 for a couple. For a complete package with nothing renewing, LegalZoom's Basic Trust is $399. If Medicaid or nursing home costs are a concern, see an elder law attorney instead.
By Nora Whitfield, consumer researcher (not an attorney). Published . Based on the providers' published pricing and terms. How we check.
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Quick picks
- A trust signed at home with a mobile notary: Trust plans include powers of attorney and a health care directive, and its notary partner comes to you; deed help is available. See Trust & Will trusts
- Complete trust package, nothing renewing: Basic Trust includes the trust, pour-over will, health care directive and medical and financial powers of attorney. See LegalZoom Basic Trust
- Lowest price for a couple: One Plus plan covers both spouses' powers of attorney, health care directives, wills and trusts. See WillMaker plans
Estate planning in your twenties and thirties is about guardians and life insurance. After 60, the priorities shift. The most likely problem is not dying suddenly; it is a stroke, dementia or a fall that leaves you unable to pay bills, sign forms or make medical decisions for a while, or for good. Without the right documents, your family may need to go to court to get authority to help you.
So this page starts with incapacity, then probate. Service details come from each company’s own pages, read on the date in the facts table. This is general information, not legal or financial advice.
The documents that matter most after 60
| Document | What it does | Why it matters now |
|---|---|---|
| Financial power of attorney | Lets someone manage your money and property if you cannot | Avoids a court guardianship or conservatorship |
| Health care directive and medical power of attorney | States your wishes and names who decides for you | Avoids family disagreement at the worst time |
| HIPAA authorization | Lets doctors talk to the people you name | Without it, they may not be told anything |
| Will or living trust | Says who gets what | A trust also lets a successor manage things if you are incapacitated |
The first three are the ones people most often lack. Every complete online plan includes them; some entry tiers do not.
Which packages include the incapacity documents?
| Package | Price | Powers of attorney and health care directive? |
|---|---|---|
| LegalZoom Basic Will | $129 | No, the will alone |
| LegalZoom Pro Will | $149 | Yes (attorney plan renews at $25/month after 30 days) |
| LegalZoom Basic Trust | $399 | Yes, plus HIPAA authorization |
| Trust & Will will or trust plan | $199 / $499 | Yes, plus HIPAA authorization |
| Quicken WillMaker & Trust Starter | $109 | Health care directive only; no financial power of attorney |
| Quicken WillMaker & Trust Plus | $149 | Yes |
| FreeWill | Free | Health care directive and financial power of attorney, also free |
Watch the two entry tiers: LegalZoom’s Basic Will and WillMaker’s Starter leave out the financial power of attorney, which is the single most important document for this stage of life.
Will or trust after 60?
A living trust has an extra advantage for older people: if you become incapacitated, your successor trustee can manage the trust’s assets immediately, without anyone needing to rely on a power of attorney that a bank may question. Combined with avoiding probate on your home, that makes a trust worth considering for most homeowners over 60.
A will plus a strong financial power of attorney and beneficiary designations is enough if you rent, or if your estate falls under your state’s small-estate limit. Our will or trust page has the test.
Signing at home
Getting two witnesses and a notary together is harder if you do not drive or have limited mobility. Options:
- A mobile notary who brings witnesses. Trust & Will’s partner charges $170 to $210 depending on the plan, and comes to you.
- Remote online notarisation, where your state allows it. Be careful: Florida, for example, does not allow remote witnessing for a vulnerable adult. FreeWill users can use Proof, which charges its own fee.
- Friends or neighbours as witnesses, with a local notary for the self-proving affidavit.
Our signing guide covers who can witness.
When an online plan is not enough
See an elder law or estate planning attorney if:
- Nursing home or Medicaid costs are a concern. A revocable trust does not protect assets from long-term care costs. Medicaid planning has strict rules and look-back periods.
- Someone may question your capacity, for example because of a diagnosis or a family dispute. An attorney can supervise the signing and document it.
- You have a blended family and want your spouse provided for and then your own children.
- Your estate is large enough for estate tax planning, or you own a business.
Helping a parent do this
Adult children often start the process. A few rules keep it clean:
- Your parent answers and signs. FreeWill says its will is only meant to be used by the person whose will it is; the same is true of any service.
- Do not be a witness if you are a beneficiary.
- Let your parent choose the agent and executor, even if it is not you.
- Keep it recent and documented: sign while your parent is clearly well.
Which should you choose?
- Homeowner who wants it done properly, signed at home: Trust & Will, with its mobile notary and deed partner.
- Complete package, nothing renewing: LegalZoom Basic Trust.
- Couple on a budget: WillMaker Plus.
- Renter with simple wishes: FreeWill, which includes the health care directive and financial power of attorney.
- Medicaid, capacity or family-dispute concerns: an elder law attorney.
Your next steps
- Make the incapacity documents first: financial power of attorney, health care directive, HIPAA authorization.
- Choose will or trust, and make it at the same time.
- Arrange a signing session with witnesses and a notary.
- Give copies of the health care directive to your doctor and your agent.
- Update beneficiary forms on retirement accounts and life insurance.
- If you chose a trust, fund it, starting with the house.
Questions people ask next
Can my adult child make my will for me online?
No. You must make your own will and sign it yourself; FreeWill, for example, says its will is only meant to be used by the person whose will it is. Your child can sit with you while you answer the questions and help arrange the signing.
Does a living trust protect my home from nursing home costs?
No. A revocable living trust, the kind you make online, does not protect assets from Medicaid or long-term care costs, because you still control the assets. Medicaid planning uses different tools and strict look-back rules; see an elder law attorney.
What if I am worried someone will say I lacked capacity?
Sign while you are clearly well, with independent witnesses who are not family or beneficiaries, and consider a short note from your doctor around the time you sign. If a challenge is likely, have an attorney supervise the signing.
Can I sign remotely if I cannot get out?
Some states allow remote witnessing, with limits. Florida's law, for example, does not allow remote witnessing for a vulnerable adult. A mobile notary who comes to your home, bringing witnesses, avoids the question.
Sources
This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.