STATUS
CLIENT #1
BACKGROUND
REAL ESTATE (INCLUDING MINERAL INTERESTS IN OIL AND GAS)
LIQUID ASSETS (Include Account Number and Where Held)
CLOSELY HELD BUSINESS INTERESTS
LIABILITIES
BENEFICIARY INFORMATION
GIFT TAX RETURNS
APPOINTMENTS
SUCCESSOR TRUSTEE. If you wish to avoid probate of your estate by executing a living trust during your lifetime, a successor trustee should be named. The person or corporate trustee selected as your personal representative is usually the same as the successor trustee. The successor trustee would manage assets if you were unable, or with a joint trust, if neither you or your spouse were able. The successor trustee would distribute assets to beneficiaries after death, or in a joint trust, should neither you or your spouse survive.
HEALTH CARE AGENT. This individual will make medical decisions on your behalf including decisions regarding medical consents, life support issues, and nursing home admission if you cannot make these decisions yourself. Frequently, the primary agent is the spouse. It is not required to appoint the same person who is your successor trustee or personal representative as your health care agent.
DURABLE POWER OF ATTORNEY (DPOA). This individual will make financial decisions including decisions regarding securities, accounts, deed, and asset transfers on your behalf should you be unable to make these decisions yourself. Frequently, the primary agent is the spouse. It is not required for your DPOA to be the same person who is your successor trustee or personal representative. You choose below whether you intend for your DPOA to assume his power immediately upon signing, or only upon your incapacity.
PERSONAL REPRESENTATIVE. The Will should name a safety net personal representative should it become necessary to probate the estate. (Personal representative is also sometimes referred to as executor or administrator.) (Example: Client #2 as primary personal representative, with a child, relative, friend, or corporate trustee as an alternate. In second marriage situations, Client #2 as the primary personal representative may not always be appropriate.)
PLAN OF DISTRIBUTION
PLEASE COMPLETE THIS SECTION ONLY IF YOU HAVE MINOR BENEFICIARIES OR BENEFICIARIES WITH DISABILITIES
GUARDIAN. If you have minor children or a beneficiary with special needs, you may need to appoint a guardian. The guardian handles the day-to-day care of the child. Name an alternate guardian to act if your first choice cannot serve.
TESTAMENTARY TRUSTEE. You may need a trustee to manage assets for beneficiaries until they reach an age when you believe they should be capable of managing assets on their own. A trustee can keep the beneficiary’s money invested wisely and use it for their education, support, etc., until they reach the age specified for outright distribution of assets to them. The trustee can be a relative, friend, trust company, or other person or institution you trust to manage and distribute assets according to your wishes. The testamentary trustee can be the same person named as the guardian, or could be a different person or institution.
AGE OF DISTRIBUTION. If you establish a testamentary trust to allow a third party to manage assets for beneficiaries, you should decide when the beneficiaries will be mature enough to manage assets on their own. You may select from the following distributions, or speak with us about a specific plan.
GENERAL QUESTIONS