Instructions and Information for Completing
   Estate Planning

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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. 

  7. 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.

 

Copyright © 2005 -  Yarbrough & Elliott , P.C.
1420 West Mockingbird Lane, Suite 390, LB 115, Dallas, TX, 75247
Telephone: 214.267.1100  FAX: 214.267.1200