Estate Planning

 

Minimum Estate Planning Documents:

  • Will
  • This document is only effective at death and it nominates a Personal Representative (and Successor Personal Representatives) to handle your estate administration and describes how you want your property distributed. It should include provisions for the nomination of a guardian and facility of payment provisions for minor children, grandchildren, disabled beneficiaries etc., which may include trust provisions for holding assets in trust.
  • Financial Durable Power of Attorney
  • This document nominates an Agent (and Successor Agents) to handle your finances during your lifetime. The main use of this document is during incapacity, but the document can also be immediately effective.
  • Health Care Durable Power of Attorney
  • This document nominates an Agent (and Successor Agents) to handle your medical, placement and personal care decisions during your incapacity.
  • Living Will
  • This is the "pull the plug" document. It states that if you are in a terminal and irreversible state, the administration of life-sustaining treatment will be withdrawn or withheld.
  • HIPAA
  • (Health Insurance Portability and Accountability Act) Disclosure: This document is necessary in order for medical providers to release private information to your Agent.
  • Memorandum of Disposition of Tangible Personal Property
  • This document disposes of personal property, i.e., furnishings, art, jewelry, guns, tools, collectibles, etc.

       

       

Optional Estate Planning Documents:

  • Revocable Trust - can be amended or terminated during lifetime and is a combination of a Will with a financial power of attorney
  • Irrevocable Trust - cannot be amended or terminated once established. Used for gifting purposes and used mainly for keeping life insurance proceeds out of taxable estate
  • Beneficiary Deed - names a beneficiary on a real property deed and can avoid probate of real property if prepared properly
  • Limited Liability Companies and other entities are used in the estate planning context mainly for gifting purposes and for limited liability purposes

 

     

 

Items to Bring to Initial Estate Planning Conference:

  • Existing documents, including wills, durable powers of attorney and medical documents;
  • Financial statement which shows all property that you own, approximate value of the property, how the property is titled, and if there is a beneficiary designation, who the beneficiary and contingent beneficiaries are;
  • Copies of real property deeds;
  • Copies of last statements for all bank and brokerage accounts;
  • Copies of declaration page for all life insurance;
  • Names and addresses of all children, grandchildren, beneficiaries and agents.

 

If you would like to use Cynthia's estate planning services, please download and print the questionnaire at the bottom of the page. Please fill this questionnaire out to the best of your ability and bring it to your appointment.

 

 

How To Make An Appointment:

Call (406) 248-6654

 

 

Estatequestionnaire.pdf Estatequestionnaire.pdf
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