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Instructions and Information for
Completing
Estate Planning
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Complete all blanks on the
Questionnaire, applicable Estate Planning Flowchart and Estate
Valuation.
Complete all information. If any information is not applicable,
please write N/A. Please print using blue or black ink. If
we have not met with you personally, we recommend that you call and
make a 15 minute telephone appointment (at no charge) with one of our
attorneys to assist you with filling out the Estate Planning
Flowchart.
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Only one Flowchart per person.
Each spouse should have a separate will.
Spouses can use one questionnaire, but each spouse should complete
his/her own Estate Planning Flowchart.
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Estates under the Unified
Credit.
These documents are designed only for individuals
with an estate value under the Unified Credit (the amount which can be
passed estate tax free at your death). These amounts are subject
to change based on legislative enactments or amendments. Under
the Economic Growth and Tax Relief Reconciliation
Act of 2001, the Unified Credit amounts are set forth on the Estate
Valuation Chart.
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Children.
List all children whether natural born or legally
adopted. We will prepare your will on the assumption that all
children will share equally. If this is not your intent, please
indicate your wishes on the Estate Planning Flowchart. If you
choose to disinherit a child, such must be stated and you will need to
designate on the Estate Planning Flowchart any child who is to receive
nothing.
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Executor, Guardian, Trustee.
An Executor is the person who will probate the will
(if necessary), assemble your assets, pay the debts and distribute
your property according to your will. A Guardian should be named
if you have any minor children. A Trustee should be named if you
have children that are minors that might inherit property from your
estate or if you want property to be continued to be held in trust for
your children after they reach age 18. You may name the same
people to as many different positions in your will as you
desire. It is not necessary to obtain their permission.
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Sprinkle Trust.
A sprinkle trust can be set up in your will for
your minor children. Any needs of your children relating to
their health, education, maintenance, and support will be provided by
the trust. The Trustee will also make distributions to your
children once they have reached certain ages. For example, each
child to receive 1/4 of his/her share of the trust when he/she reaches
the age of 21, 1/2 at age 25 and the balance at age 30. The
number of distribution dates and the ages are up to you to decide.
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Power
of Attorney, Medical Power of Attorney, Physicians Directive, and
Organ Donation.
These three documents assist you
during your lifetime and are essential to a complete estate plan.
A Power of Attorney allows you to direct who will
handle your financial and/or business affairs if you should be
unavailable or become physically or mentally unable to handle those
matters yourself. This
document can eliminate the need, expense and burden of a court
appointment of a guardian on your behalf.
A Medical Power of Attorney allows you to direct
in advance who will make non-life support health care decisions for
you if you should become physically or mentally unable to handle those
matters yourself. A Physician’s Directive is sometimes
referred to as a “Pull the Plug” document or a “Living Will”
and allows you to direct who will carry out your wishes regarding
artificially prolonging your life.
A Organ Donation form permits you to donate your
organs or other body parts in the event of your death.
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