Your Information
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Spouse Information
Address
Enter your address in the Address field and select from the list.
Local county or equivalent: in the United States, a county is a political and geographic subdivision of a state. The term "county" is used in 48 of the 50 U.S. states, Louisiana calls them parishes and Alaska calls them Burroughs.
Your county is where documents such as property deeds are recorded. The sheriff works for your local county (for example Robin Hood was pursued by the sheriff of Nottingham County).
On this page, you will begin to make important decisions that will allow your estate plan to take shape. It is important to complete this section first, as decisions made here will impact questions later in the process and may override others, such as selecting equal shares for beneficiaries
Your trust name should include both The and Trust in the name. For example: The Smith Family Trust
Irrevocable Option: Flexibility vs Credit Protection for Standard Trusts (IRA "see-through")
Do you want the trust to become irrevocable upon death of the first spouse, or remain 'open' for future amendments, replacements, or even dissolution?
(Surviving spouse may use trust funds for health, welfare, and maintenance purposes. Becomes an IRA "See-Through Trust upon the first to die).
Do you have separate property that you wish to keep separate?
Should written consent of both spouses be required for all transactions?
Do you want to void this trust in case of divorce?
Do you want a single individual or organization to serve as Trustee (and executor) with an alternate, or do you want to set up a committee of co-equal Successor Trustees (and executors)?
Next we will gather information about children.
Your Children
In this section, you will list names and information regarding ALL living children (all biological and adopted children, no matter their age or where they live). Do NOT list any grandchildren or other family members on this page. If you have adopted previous children of your spouse, please select "both".
You must list all children, (even if they are grown and no longer live at home or if you plan to disinherit them). You will also need to designate if any of your children are adult disabled and may need a legal guardian in the vent of your death. We will select the guardian at a later point , but we need to know now if they will need one.
Your Children - Continued
Child Distribution Options
This section is for those who have children as beneficiaries or who may have children in the future. If this does not apply to you, answer 'No' to the first question, and continue to the next page.
Many parents want to protect their children from risks associated with a sudden large inheritance. A Joint Trust for children allows you to restrict distributions until a certain age, or stagger distributions over time and even allow early distributions for a home, education, wedding and other common life events.
Answer 'No' to the first question and skip this page if you do not have any minors as beneficiaries or contingent beneficiaries.
Stages:
The following items are options for early or delayed distributions to children in a joint trust. Only answer these if you said 'Yes' to any of the above questions.
Would you like an early distribution for:
Would you like to withhold distribution for:
Important Roles
There are a number of important roles and responsibilities with your Estate Plan, it is important to understand each of the roles so you can select the right person for the right job. If you are already familiar with them feel free to skip ahead to the next page.
Trustee:The Trustee of your Trust controls and manages the trust for the benefit of the Trust Beneficiaries. He or she can move, sell, buy, and dispose of assets. Initially you and your spouse serve as Trustees.
Successor Trustee:This role is very important with significant responsibilities. After your death, the Successor Trustee has responsibility for management of your Trust. At this point your trust becomes irrevocable; the Successor Trustee must follow the directives you have provided to administer your estate, pay debts, and distribute assets. If distributions are held until heirs reach a certain age or conditions, the Successor Trustee is responsible for managing investments and paying ongoing expenses.
Health Care Agent:The Durable Power of Attorney for Health Care gives this person responsibility for literally making life and death decisions about your healthcare. Health care agents have complete authority to make decisions regarding medical treatment if you are incapacitated. Choose carefully since this person can withdraw life support even in non-life threatening situations. This person MUST be an adult, minor children do not have the authority to make these decisions. Religious considerations are a factor, since you want to make sure this person will follow through with your life support directives.
Financial Agent:The Durable Power of Attorney for Finances will give your agent the power to make basic financial decisions regarding assets NOT FUNDED into your Trust. (For assets already funded into the Trust, the Trustee already has this authority.) This power is effective either upon the date of execution of the document or upon your incapacitation depending on the selection you make. Please make this selection carefully as your agent may use this power to buy and sell non-trust assets, write checks from your (non-trust) accounts etc... He or she could even fund assets into your Trust prior to your death to avoid probate.
Guardian:This is the person who you select to take custody and responsibility for any dependent children in the event of your death or incapacitation.
People & Organizations
In this section, you should add the names and information on each person or organization that will play a role in your Estate Plan. Anyone who may be a trustee, beneficiary, agent, guardian or any other role needs to be listed here. Organizations or Entities should also be listed here (for example, if you want to give a bequest to your church).
One person can have multiple roles, such as healthcare agent and also your guardian for your kids, as well as being a beneficiary. Do not worry about selecting those roles right now, you will do that in a little bit. If you forget someone, do not worry, you can come back and add them to the list.
You will add people first, and then organizations (if you have any).
People & Organizations - Continued
If you have no organizations to add, go to the next page.
Other Sections
The following sections will be covered during your Estate Plan setup.
Beneficiaries
Disinherited People
Trustees
Financial Agents
Healthcare Agents
Note: If you have more children or people/organizations, they will be added during your Estate Plan setup.
Advance Directives
In this section you will make advance decisions about medical care if you are ever in a terminal condition, a persistent vegetative state or an irreversible coma.
These directives will serve to inform others what choices you would have made for yourself if you were able to communicate. It is your written directions to your health care agent, your family, your physician, and any other person who might be in a position to make medical care decisions for you. Talk to your family members, friends, and others you trust about your choices.
Please read all of the statements and choices carefully before answering the questions.
In all circumstances I want my life to be prolonged to the greatest extent possible within the limits of generally accepted healthcare standards. This shall include, but not be limited to: Administration of artificial life support (such as artificial breathing), cardiopulmonary resuscitation, artificially administered food and fluids, hospitalization and emergency transport.
*If NO above, the following questions are required: If I have a terminal condition, or am in an irreversible coma or a persistent vegetative state that my doctors reasonably believe to be irreversible or incurable, I do not want life sustaining treatment, beyond comfort care, that would serve only to artificially delay the moment of my death. “Comfort care” means treatment in an attempt to protect and enhance the quality of life without artificially prolonging life.
Treatment for the alleviation of pain or discomfort to be provided at all times:
If it is possible that the embryo/fetus will develop to the point of live birth with the continued application of life-sustaining treatment.
Advance Directives - Spouse
Organ Donations
In this section you will make decisions about the directives for organ donations.
You can specify if you wish to be an organ donor, and even establish certain limitations and restrictions on their donation.
These directives will serve to give advance notice to both your family and medical professionals regarding your wishes.
*ALL Fields are Required.
Client
Spouse
Child Guardians
In this section you will appoint guardians for any minor children or adult disabled children to care for your children in case you and your spouse are incapacitated.
If you do not have children that need guardians appointed, you may skip to the next tab.
Your guardians may be chosen from any of the family, friends, or other people you entered earlier.
Bequests
In this section you can make any bequests of specific property. For example if you have family heirlooms that you want to give to your niece, or $25,000 to a specific charity, this is the page where you can input that information.
This page is where you will input a description of the item, and then match it with the correct recipient. Recipients may be family, friends, any person or organization you wish to make a bequest, but need to already be in the system.
If you do not see someone on the list of possible recipients, you may go back to the 'Your Children' or 'Add People' tab to add them to the list possible list of names.
The "From" designation is important so the bequest can be properly classified to be made upon either your passing, or after your spouse passes, or only after both of you pass away.
Final Thoughts
The following are thoughts and feelings to my family and loved ones after my death:
*Please do not provide any instructions regarding the administration of your trust or distribution of assets in this section. This section has no force of law, and is provided as convenience for you and your loved ones.
Funeral and Burial Instructions
The following are specific directives I wish to have carried out upon my death regarding my Funeral and Burial:
Please upload your financial documents so we can review them.
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