The
Estate package I prepare includes the following documents:
- Living Trust
- Pour-over Will
- Durable Financial
Power of Attorney
- Durable Power
of Attorney for Health Care
- Grant Deeds for
Real Property
- Trustee Instructions
This
is the information I will need to adequately and accurately prepare your
estate planning documents:
- Your full name(s).
(This should be the legal name you use on important papers.)
- The names and birth
dates of all your children, with any information dealing with whether
some are stepchildren, etc.
- Determination as
to whom you wish to serve as executor or successor trustee (the person
who takes over and handles the affairs after you are gone). This is
usually one of your adult children, generally whichever is most responsible,
or another relative, friend or institution may be designated. Generally
it is best to have two or three names in case the first cannot serve.
- Determination as
to what disposition you wish to have made of your things after you are
gone. Include any specific gifts to specific individuals if you desire
to make any. These might include certain heirlooms that should go to
one particular child, gifts to charity, or provisions to care for a
child or grandchild with special needs.
- Determination as
to who you want to have make any health care decisions if you cannot
do so. Also, any particular wishes you may have regarding what those
decisions should be. These might relate to artificial prolongation of
life, organ donations, blood transfusions, etc.
- Determination as
to who you want to have your financial power of attorney. This person
will be the one who will sign your checks, pay your bills, sign your
tax returns, etc., if you are unable to do so. Generally, with married
couples, each spouse appoints the other, and then the alternate choice
is frequently the same person as the successor trustee/executor. This
is not a concrete rule, however, and it may be whoever you would trust
with explicit confidence to handle your affairs if you are incapacitated.
- If you have minor
children, determination as to who you would want to have care for them
if you were to pass away while they are still minors.
- Determination as
to what you would want to have done if one of your children or other
heirs should die before you do. That person's share could pass to the
other beneficiaries, or could pass down to their spouse, or to their
children (if any) at a specified age. Think about what you would prefer
and what age you might prefer, and we will discuss this further when
we meet.
- Legal descriptions
of all real property held, and the current state of the title. This
can best be gotten by just providing me with a copy of the most recent
deed on each piece of property. I will also need the parcel number of
the property. If the deed is more than a few years old, it won't be
on it, but it will be on the property tax bill. I will need a copy of
the actual Grant Deed or Deed of Trust (not the Reconveyance).
One with the legal description on it, such as Lot, Parcel, tract, etc.
- Descriptions and
account numbers of all deposit accounts in financial institutions, brokerage
firms, mutual funds, pooled accounts, securities funds, etc., with the
names and addresses of the institutions. (Amount doesn't matter.)
- Numbers and descriptions
of any large bonds. If there are numerous small bonds, simply the number
(how many) and description will suffice.
- Any stocks or securities
held in your own name rather than through a brokerage.
- Any mortgages or
deeds of trust you hold on properties owned by others.
- Any notes or other
debts owed to you by others.
- Any retirement
plans which provide for any benefit after or upon death.
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